Commodity Ad Network Terms and Conditions

These terms and conditions (hereinafter the “Terms”) are entered into by COMMODITY AD NETWORK LTD, a company organized and existing in England, with a registered address located at 71-75 Shelton Street, Covent Garden, WC2H 9JQ London (hereinafter the “Network”) and the entity that accepts these Terms electronically, be it an entity that would like to display advertisements from within the ad network on their website (hereinafter the “Content Creator”) or an entity that would like to promote their brands, products, or services via paid ad campaigns within the ad network (hereinafter the “Advertiser”).
 

A. Advertiser

1. All materials for an ad campaign must be provided no later than 7 (seven) days before the required date of publication by within the ad network and in accordance with the Network’s requirements specified in Section D. of these Terms.

2. In the event that all materials for an ad campaign are not received in time, the number of ad impressions booked will be reduced by 3% for every day that the copy for the ad campaign is supplied after the deadline. For example, if materials are provided 3 (three) days late for an ad campaign that is due to serve 100,000 ad impressions, the number of ad impressions will be reduced by 9,000. There will be no reduction in the fee payable.

3. The Network may, without any responsibility to the Advertiser, reject, cancel, or require any ad campaign to be amended that it considers unsuitable or contrary to these Terms and remove, suspend, or change the position of any such advertisement.

4. The Network may refuse to publish any advertisement for any Advertiser who has not paid any sums due for any advertising in the Network. The Advertiser will remain responsible for all outstanding charges.

5. The publication of an ad campaign by the Network does not mean that the Network accepts the advertisement has been provided in accordance with these Terms or that the Network has waived its rights under these Terms.

6. The Advertiser guarantees to the Network that:
(i) any information supplied in connection with the ad campaign is accurate, complete, true, and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any advertisement;
(iii) the advertisements are legal, decent, honest, and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice;
(iv) the advertisements are not libelous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
(v) the advertisement will not be prejudicial to the image or reputation of the Network or Content Creators, and will not contain anything which the Network in good faith considers to be offensive or otherwise inappropriate;
(vi) all submitted advertisements will be free of any viruses, adware, malware, and no advertisement will cause an adverse effect on the operation of the Network or Content Creators’ websites.

7. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorized by the third-party advertiser of a product or service to place the advertisement with the Network and the Advertiser will compensate the Network for any claim made by such third-party advertiser against the Network.

8. The Network will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.

9. All ad campaigns are accepted on the basis that they will be paid for in full at least 10 (ten) days prior to the date of publication. The Network may change its rates at any time. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.

10. The Network may offer Advertisers special rates or bonuses on an individual basis or on a per ad campaign basis.

11. The Network offers no refunds after payment for an ad campaign has been completed and the funds have been received by the Network.

12. The Network cannot guarantee the number of ad impressions. In the event the number of ad impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, the Network shall, as the Advertiser’s sole remedy and provided the Advertiser has notified the Network of such under-delivery, continue to serve the advertisements after the end of the campaign period until the number of purchased ad impressions is reached.

13. The Network will always aim to over-deliver on purchased ad impressions by anywhere between 2% and 10% to offset any potential fake ad impressions or technical errors that might cost Advertisers any purchased ad impressions.

14. The Advertiser acknowledges that the Network does not utilize geographical location targeting. However, the overwhelming majority of all Content Creators as well as their website visitors are located in English-speaking countries, such as the United States, Canada, the UK, Australia, and elsewhere.

15. The Advertiser guarantees to the Network that any landing page and/or destination site linked to from the advertisements will:
(i) be legal, decent, honest, and truthful;
(ii) not be contrary to the provisions of any applicable law, regulation, or code of practice;
(iii) not be libelous or obscene;
(iv) not infringe the rights of any person (including any person’s intellectual property rights);
(v) not be prejudicial to the image or reputation of the Network or the Content Creators;
(vi) be free from viruses, adware, or malware;
(vii) not cause any adverse effect on the operation of the Content Creators’ websites; and
(viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.

16. The Advertiser guarantees to the Network that any landing page and/or destination site linked to from the advertisements will not be associated with:
(i) counterfeit goods, such as goods that contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another; goods that mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner;
(ii) dangerous products or services, such as recreational drugs, psychoactive substances, and equipment to facilitate drug use; weapons, ammunition, explosive materials, and fireworks; instructions for making explosives or other harmful products; tobacco products; alcohol;
(iii) dishonest behavior, such as hacking software or instructions; services designed to artificially inflate ad or website traffic; fake documents; academic cheating services;
(iv) inappropriate or offensive content, such as bullying or intimidation of an individual or group; racial discrimination, hate group paraphernalia; graphic crime scene or accident images; cruelty to animals; murder, self-harm, extortion, or blackmail; sale or trade of endangered species; ads using profane language;
(v) abusing the ad network, such as promoting content that contains malware; using cloaking techniques to hide the true destination that users are directed to; promoting destinations for the sole or primary purpose of showing ads; promoting bridge or gateway destinations that are solely designed to send users elsewhere; advertising with the sole or primary intent of gaining public social network endorsements from the user;
(vi) misrepresentation, such as omitting or obscuring billing details such as how, what, and when users will be charged; omitting or obscuring charges associated with financial services such as interest rates, fees, and penalties; failing to display tax or license numbers, contact information, or physical address where relevant; making offers that aren’t actually available; making misleading or unrealistic claims regarding weight loss or financial gain; collecting donations under false pretenses; phishing or falsely purporting to be a reputable company in order to get users to part with valuable personal or financial information;
(vii) adult content, such as strip clubs, erotic cinemas, sex toys, adult magazines, sexual enhancement products, matchmaking sites, models in sexualized poses;
(viii) unauthorized to use copyrighted content;
(ix) gambling and games, such as physical casinos; sites where users can bet on poker, bingo, roulette, or sports events; national or private lotteries; sports odds aggregator sites; sites offering bonus codes or promotional offers for gambling sites; online educational materials for casino-based games; sites offering poker-for-fun games; non-casino-based cash game sites;
(x) healthcare and medicines;
(xi) political parties; or
(xii) trademark violations.

17. Advertisers are always solely responsible for ensuring that they comply with all applicable laws and regulations, in addition to these Terms, for all of the locations where their ads are showing.

18. The Network will only use any Advertiser data solely in relation to the Advertiser’s particular ad campaign. All such Advertiser data collected by the Network will be treated as the confidential information of the Advertiser and will not be disclosed by the Network to any third party without the consent of the Advertiser. In no event will any Advertiser data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.

19. The Network does not guarantee that booked ad campaigns will appear on every Content Creator website, on any particular Content Creator website, or that ad impressions will be spread evenly across all Content Creator websites.

20. The Network will implement its default brand safety measures in respect of the Content Creator websites on which the Advertiser’s ad campaign will appear. Notwithstanding the foregoing, the Network makes no guarantees regarding the quality and/or suitability of any websites on which the advertisements will appear. If an advertisement is published on a Content Creator website which the Advertiser reasonably finds unsuitable, the Advertiser may notify the Network and the Network may, as the Advertiser’s sole remedy, remove the advertisement from the website as soon as reasonably practicable.

21. Where an Advertiser wishes to drop cookies on website visitors’ computers or use pixels, web beacons, or other data collecting technology for the purpose of displaying or providing advertising on the Content Creators’ websites and tracking ad impressions and related data, it shall notify the Network in advance of booking an ad campaign and provide all information requested by the Network regarding such data collecting technology.

22. If the Network authorizes the Advertiser to use data collecting technology, the Network will provide written authorization to the Advertiser. Advertiser agrees to use such data collecting technology and all data collected from it solely in the manner disclosed to the Network.

23. All data collected by Advertiser through such data collecting technology will be confidential information owned by the Network and will not be disclosed by the Advertiser to any third party without the consent of the Network in advance. In no event shall such data collecting technology or the data collected from it be used by Advertiser for the purpose of tracking or targeting users when they leave the Content Creators’ websites or be combined with information collected from other sources, except where the Network has given agreement in writing. Advertiser shall ensure it complies with the the Network’s Privacy Policy with respect to such data collecting technology and all applicable laws and regulations and that all such data will be deleted from its servers upon the end of the relationship between the Network and the Advertiser.

24. The Network accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any advertisements to the Network or any loss or damage to any advertisement copy or any other materials.

25. The Network will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any advertisements required by any authority having responsibility for the regulation of online advertising.

26. The Network cannot guarantee the time, dates and/or position of advertisements and all such decisions will be at the sole discretion of the Network. However, the Network will use reasonable efforts to comply with the wishes of the Advertiser.

27. If a booked ad campaign is not published at all solely due to a mistake on the Network’s part, the Network will try to offer alternative publication dates. If the alternative dates are not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund, if the Advertiser has paid in advance for the ad campaign. This shall be the Advertiser’s sole remedy for failure to publish the ad campaign.

28. If the advertisement as reproduced by the Network contains a substantial error solely due to a mistake on the Network’s part, the Network shall, on request, re-publish the advertisement at no additional cost to the Advertiser. The Network shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform the Network of any errors and provide any necessary assistance to the Network to prevent a repeat of the error.

29. The Network shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by the Network and the Advertiser, and the Network’s maximum total liability for any loss or damage arising out of or in relation to any advertisement whether in contract, tort, or otherwise shall not exceed the total amount of the charges for the relevant advertisement actually paid by or on behalf of the Advertiser.

30. In respect of advertisements on the Content Creator websites, the Network does not guarantee continuous, uninterrupted access by users of the websites. In addition, the Network will not be responsible for any failure or delay affecting the transmission of the Content Creator websites and any advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of the Network.

31. The Network is not responsible for the content or operation of Content Creator websites that make up the ad network.

32. For the avoidance of doubt, nothing in these Terms will limit or exclude the Network’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.

33. Nothing in these Terms shall affect the statutory rights of an Advertiser who is a consumer.

34. The Advertiser will fully reimburse the Network for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the advertisement by the Network in accordance with these Terms.

35. The Network owns the copyright in all advertisements written or designed by it or on its behalf.

36. The Advertiser grants the Network the right (free of charge) to:
(i) use the Advertiser’s names, trademarks and/or logos as the Network may consider necessary for the purposes of publishing the advertisements;
(ii) reproduce the advertisement in any media at any time from the date the advertisement was last published in the ad network for promotional purposes.

37. The cancellation period for an ad campaign is 30 (thirty) days prior to the date of publication. Cancellation will only be effective on confirmation of receipt of your written notice of cancellation.

38. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, the Network may treat the order as cancelled.
 

B. Content Creator

1. Any website approved by the Network may sign up to become a Content Creator in the ad network.

2. The Content Creator agrees that they will insert the ad network’s invocation codes for displaying ads in the correct places on their website. The Content Creator agrees to do this without delay, immediately upon receipt of ad network’s invocation codes.

3. Once the Content Creator inserts the ad network’s invocation codes on their website, the Network will start serving advertisements on the Content Creator’s website.

4. The payout date for the Content Creator is calculated as laid out in the following example. If a content creator activates the ad network’s invocation codes on their website on January 10, then their first month in the ad network will be counted from January 10 to February 10. And they will get paid out on February 25 first. The following payout dates will then be on March 25, April 25, and so on.

5. The Network and the Content Creators will split ad revenue fairly, with the Content Creators receiving at least 50% of the overall incoming ad revenue.

6. The Content Creator agrees to send the Network a written notice of removal in case they wish to remove the ad network’s invocation codes from their website. The removal notice shall be sent at least 30 (thirty) days prior to the date of the actual removal ad network’s invocation codes from their website.

7. Failure to send the Network a written notice of removal will result in the forfeiture of the Content Creator’s all remaining and unpaid ad revenue to the Network.

8. The Content Creator agrees not to engage in any kind of unethical behavior. Unethical behavior is any behavior that results in more pageviews for a content creator without a related organic growth of his online presence, such as using specialist services to send more traffic to the content creators website, asking or hinting to their website visitors to click on more internal links to generate more pageviews, etc. In other words, if a Content Creator engages in anything else than business as usual, the network will view and treat that behavior as unethical.

9. Even the suspicion of engaging in unethical behavior is grounds for the immediate termination of the Content Creator’s account within the ad network. In such a case, the Content Creator forfeits all their remaining and unpaid ad revenue to the Network.

10. The Content Creator agrees with Section A. of these Terms set forth for the Advertiser as well, since the Content Creator is allowed to promote their own website(s) in the ad network at preferential rates.
 

C. Privacy Policy

1. The Network works hard to protect its systems from unauthorized or malicious access. The Network encrypts its services using SSL and regularly undergoes security testing by professional external security teams.

2. The Network is restricting access to information to Network staff who need to know that specific piece of information. Network staff are subject to contractual confidentiality agreements and may be disciplined or terminated if they fail to meet these obligations.

3. The Network does not collect or store any personally identifiable information about our Content Creators’ website visitors. The Network may use cookies or similar technologies to identify browsers or devices.

4. The Network may collect and store information locally using mechanisms such as browser web storage and application data caches. The Network uses the information it collects to provide, maintain, protect and improve its services, and to develop new ones. The Network will always ask for consent before using any collected information for a purpose other than those that are set out in this Privacy Policy.

5. When the Network receives an email or a contact form message, it keeps a record of that communication to help solve any technical issues. The Network may use the provided email address to send out relevant information about its services, such upcoming changes or improvements to the Network.

6. The Network processes collected information on servers in various countries around the world. The Network may process your information on a server located outside the country where you live.

7. The Network may share non-personally identifiable information with its Advertisers. The Network will share all available information to satisfy law enforcement requests.

8. This Privacy Policy does not apply to services offered by Content Creators on their own websites.
 

D. Ad Campaign Requirements

1. The Network wishes to deliver ads that are engaging for users without being annoying or difficult to interact with.

2. In order to provide a quality user experience, the Network requires that all ad campaigns meet high professional and editorial standards. We only allow ads that are clear, professional in appearance, and that lead users to content that is relevant, useful, and easy to interact with.

3. The Network does not allow overly generic ads that contain vague phrases such as “Buy products here” or gimmicky use of words, numbers, letters, punctuation, or symbols such as FREE, f-r-e-e, and F?€€!!

4. The Network wishes to provide its audiences with a high-quality experience. When website visitors click on an ad, the ad destinations must offer unique value to users and be functional, useful, and easy to navigate.

5. The Network does not allow:
(i) a display URL that does not accurately reflect the URL of the landing page, such as domain.com taking website visitors to anotherdomain.com;
(ii) ad destinations that are under construction, parked domains, or are not fully functional;
(iii) ad destinations that are not show up broken or incorrectly in commonly used browsers; or
(iv) ad destinations that have disabled the browser’s back button.

6. All ad campaigns need to be provided in a variety of ad sizes, in order for the Network to be able to deliver the ad campaigns to as many Content Creator websites as possible.

6.a. Here is a list of recommended ad image sizes:
(i) medium rectangle (300×250 px);
(ii) large rectangle (336×280 px);
(iii) leaderboard (728×90 px);
(iv) half page (300×600 px); and
(v) large mobile banner (320×100 px).

6.b. Here is a non-exhaustive list of further useful ad image sizes:
(vi) mobile leaderboard (320×50 px);
(vii) banner (468×60 px);
(viii) half banner (234×60 px);
(ix) skyscraper (120×600 px);
(x) vertical banner (120×240 px);
(xi) wide skyscraper (160×600 px);
(xii) portrait (300×1050 px);
(xiii) large leaderboard (970×90 px);
(xiv) billboard (970×250 px);
(xv) square (250×250 px);
(xvi) small square (200×200 px);
(xvii) small rectangle (180×150 px); and
(xviii) button (125×125 px).
 

E. Miscellaneous

1. These Terms shall be governed by the laws of England and any dispute will be resolved exclusively in the courts of England.

2. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.

3. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.

4. The Network shall be under no liability for any delay or failure to deliver ad campaigns or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

5. No delay or failure by the Network to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of the Network.

6. These Terms replace all previous agreements between the Advertiser and the Network or the Content Creator and the Network and are the entire agreement between the Advertiser and the Network or the Content Creator and the Network in respect of the advertisements and the use of the ad network. To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.

7. If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.

8. These Terms may change from time to time. The Network will inform its users about all significant changes to these Terms at the commodityadnetwork.com website.
 

Effective from November 30, 2017.