Occasionally we may receive information about you from other sources (such as credit reference agencies) which we will add to the information which we already hold about you in order to help us provide our services.How we may use your personal data.
1 – to help us identify you and any accounts you hold with us
2 – administration
3 – statistical analysis
4 – customer profiling and analyzing your purchasing preferences
5 – marketing-see 'Marketing and opting out' below
6 – fraud prevention and detection
7 – billing and order fulfilment
8 – credit scoring and credit checking-see 'Credit checking' below
9 – Customizing this website and its content to your particular preferences
10 – to notify you any changes to this website or our services which may affect you
11 – security vetting
12 – improving our services.
Marketing and opting out
We may share your personal data with organizations who are our business partners and we or they may contact you, unless you have asked us or them not to do so, by email about other products or services which may be of interest to you. If you prefer not to receive any further marketing communications from us, you can opt out at any time. See further 'Your rights' below.
Disclosure of your personal data
1 – other companies within our group
2 – our agents and service providers (e.g. providers of web hosting or maintenance services)
3 – credit reference agents-see 'Credit checking' below
4 – law enforcement agencies in connection with any investigation to help prevent unlawful activity
5 – our business partners in accordance with the 'Marketing and opting out' section above.
Keeping your data secure
We will use technical and organizational measures to safeguard your personal data, for example:
1 – access to your account is controlled by password and username which are unique to you
2 – we store your personal data on secure servers
Whilst we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data which are transferred from you or to you via the internet.
To enable us to make credit decisions about you and for fraud prevention and money laundering purposes, we may search the files of credit reference agencies (who will record the search). We may disclose information about how you conduct your account to such agencies and your information may be linked to records relating to other people living at the same address with whom you are financially linked. Other credit grantors may use this information to make credit decisions about you and the people with whom you are financially associated, as well as for fraud prevention, debtor tracing and money laundering purposes.
Information about other individuals
If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
1 – Give consent on his/her behalf to the processing of his or her personal data
2 – Receive on his/her behalf any data protection notices.
When you use this website, we may collect information about your computer, such as your IP address and/or browser, which we will use for administration purposes and statistical analysis. This information will not usually identify you personally. We may also obtain information about your online movements and use of the internet. We do this by placing a 'cookie', which is a small file, on your computer's hard disk. Cookies are used for several reasons:
1 – to recognize you whenever you visit this website
2 – to speed up access to this website (so you do not have to log on each time)
3 – to store your personal preferences
4 – to build a profile about you
5 – to better target our marketing and advertising campaigns
The vast majority of web browsers accept cookies. However, you can change your browser settings so that cookies are not accepted. If you do this, you may lose some of the functionality of this website.
For further information about cookies and how to disable them please go to: aboutcookies.org
1 – put your request in writing
2 – include proof of your identity and address (e.g. a copy of your driving license or passport, and a recent utility or credit card bill)
3 – specify the personal data you want access to, including any account or reference numbers where applicable. You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right you should:
1 – put your request in writing
2 – provide us with enough information to identify you (e.g. account number, username, registration details)
3 – specify the information that is incorrect and what it should be replaced with.
You also have the right to ask us to stop processing your personal data for direct marketing purposes. If you wish to exercise this right you should:
1 – Put your request in writing (an email sent to info(at)bidsopt.com with a header that says 'Unsubscribe' is acceptable)
2 – Provide us with enough information to identify you (e.g. account number, username, registration details)
3 – if your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. email or telephone) please specify the channel you are objecting to.
We do not collect Personally Identifiable Information about you using the Bidsopt Mobile advertising technology. Personally Identifiable Information is information that can identify you as a person (email address, name etc.). However, we do collect non-Personally Identifiable Information that can't be used by Bidsopt to identify you as a person that includes but is not limited to the following:
a) – Date and time of your mobile internet browsing or application usage
b) – Mobile sites visited and/or applications used
c) – Mobile internet browser used
d) – Mobile carrier or ISP name
e) – Connection type (e.g. 3G, 4G, Wi-Fi)
f) – Mobile device used (Including make and model)
g) – Device identification (e.g. Google Advertiser ID or IDFA)
h) We may also receive non-Personally Identifiable Information from publishers to improve the relevance and targeting of ads that includes but is not limited to the following:
i) – Age - where known by the publisher
j) – Gender - where know by the publisher
k) – Geographic location - where know by the publisher
How to OPT-OUT from targeted advertising We provide instructions to opt-out from targeting advertising for the two most common mobile operating systems. For Windows, Blackberry and other operating systems, you will need to check on their respective websites for opt-out instructions.
a) – Open Google Settings
b) – Tap on Ads
c) – You need to manage Opt-out of interest-based ads
d) – If the box is checked, uncheck it to disable interest-based ads
e) – If the box is unchecked, select it in order to enable interest-based ads
f) To update your cookie setting:
g) – Open a mobile browser app
h) – Tap on the Menu key
i) – From the options for the current application that is running select More
j) – From the list of browser functions select the Settings
k) – Scroll down until you find the Accept cookies
l) – If the box is checked, uncheck it to disable cookies
m) – If the box is unchecked, select it in order to enable cookies
n) OPT-OUT for iOS
o) For iOS 6 or higher
p) To update your IDFA setting:
q) Choose Settings > Privacy > Advertising
r) Turn Limit Ad Tracking On ( Off is the default setting )
s) To update your cookie setting:
t) Choose Settings > Safari > Block Cookies
u) Choose Always / From third parties and advertisers / Never
This Bidsopt Data Processing Addendum ("DPA") forms part of the Terms of Service, or other mutually executed written agreement(s), between Company (as defined below) and Bidsopt Pte.Ltd ("Bidsopt") (the "Agreement"), pursuant to which Company transfers Personal Data (as defined herein) to and shares Personal Data with Bidsopt, as further described in the Agreement and in this DPA. The parties agree to comply with the following provisions with respect to Personal Data provided or made available by Company to Bidsopt.
References to the Agreement will be construed as including this DPA, and, except as modified below, the terms of the Agreement shall remain in full force and effect. Any capitalized terms not defined herein shall have the meanings given to them in the Agreement. In the event of any conflict between this DPA and the Agreement, this DPA will prevail. Reference to the "Agreement" includes any exhibits, work orders, SOWs, documentation, or other addenda incorporated into the Agreement.
The parties agree to comply with the following provisions with respect to any Personal Data of one or more Data Subjects located in the European Economic Area Processed in connection with the Agreement. The purposes of the DPA is to ensure such Processing is conducted in accordance with Data Protection Laws, including the GDPR and with due respect for the rights and freedoms of individuals whose Personal Data are Processed. References to the Agreement will be construed as including this DPA. To the extent that the terms of this DPA differ from those in the Agreement, the terms of this DPA shall govern.
This DPA is pre-signed on behalf of Bidsopt, provided that Company is a party to the Agreement with Bidsopt, this DPA can be executed by (a) accurately completing the information on the signature page below and (b) ensuring that an authorized signatory of Company signs and submits this DPA.
Include the full, legal entity name of Company on the signature page (e.g., "Bidsopt Pte. Ltd.").
Upon submission, this DPA will become legally binding. Company will be prompted to download a copy of the mutually signed DPA.
Please contact your Bidsopt Account Manager or email us at firstname.lastname@example.orgemail@example.com with any questions regarding this DPA.
1.1 "Binding Corporate Rules" shall mean any internal corporate rules approved pursuant to the EU cooperation procedure that enable international transfers in compliance with Articles 25 and 26 of the European Union ("EU") Data Protection Directive (Directive 95/46/EC) or Article 47 of the GDPR.
1.2 "Data Controller" means the entity that determines the purposes and means of the Processing of Personal Data. For purposes of this DPA, each party is a Data Controller of the Personal Data that it collects, Processes, or employs to deliver its services, absent a further amendment that sets forth circumstances in which either party is a Data Processor.
1.3 "Data Processor" means an entity that Processes Personal Data on behalf of a Data Controller.
1.4 "Data Protection Laws"means all applicable laws and regulations, including, without limitation, the laws and regulations of the EU applicable to the Processing of Personal Data, such as: (i) prior to 25 May 2018, the EU Data Protection Directive (Directive 95/46/EC); (ii) on and after 25 May 2018, the EU General Data Protection
Regulation (Regulation (EU) 2016/679) ("GDPR"); (iii) the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC ("ePrivacy Regulation"), if enacted; and (iv) any national data protection laws made under or pursuant to (i), (ii) or (iii).
1.5 "Data Subject"means the individual to whom Personal Data relates.
1.6 "Personal Data" means any information relating to an identified or identifiable person processed pursuant to the Agreement and as to which a party is a Data Controller. The types of Personal Data and categories of Data Subjects Processed under this DPA are set forth in Appendix A attached hereto.
1.7 "Privacy Shield" means the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce.
1.8 "Processing" means any operation or set of operations that is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, or destruction ("Process", "Processes" and "Processed" shall have the same meaning).
1.9 "Security Incident" means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.
1.10 "Transfer" means the access by, transfer or delivery to, or disclosure of Personal Data to a person, entity, or system located in a country or jurisdiction other than the country or jurisdiction where the Personal Data originated from.
1.11 The terms “Controller”, "Personal Data", "Processor", "Processed" and "Processing", have the meanings given to them in Applicable Privacy Laws. If and to the extent that Applicable Privacy Laws do not define such terms, then the definitions given in EU Data Protection Law will apply.
2.1 Company and Bidsopt are parties to the Agreement, under which Company provides Personal Data (such as mobile advertising identifiers, IP addresses and/or precise location data) to Bidsopt. Company and Bidsopt each shall Transfer and Process such Personal Data only for the purposes described in the Agreement and this DPA, or as otherwise agreed in writing by the parties.
2.2 The parties agree that Bidsopt may Process the Personal Data for its own purposes, including to provide services for the benefit of other platforms and clients.
2.3 Neither party shall have responsibility for Processing special categories of personal data, as referenced in Article 9 of the GDPR. Neither party shall provide the other with any special categories of personal data.
3.1 Each party shall comply with all applicable laws, including Data Protection Laws.
3.2 As further set forth herein, the parties agree that when either party acts as a Data Controller of Personal Data, it will fulfill all duties required of Data Controllers under Data Protection Laws, including, without limitation (as applicable), with regard to determining the legal basis or bases for their collection or processing of Personal Data, providing sufficient notice to Data Subjects, appointing a data protection officer, managing and reporting Security Incidents, ensuring that rights of Data Subjects are honored, Transferring Personal Data, contracting with only those Data Processors that provide adequate protections for Personal Data, implementing required and appropriate contractual language in agreements with Data Processors and other Data Controllers, maintaining records of Processing, and conducting data protection impact assessments.
3.3 Each party shall have the sole obligation (as between the parties) to receive and manage Data Subject requests regarding its Personal Data, including without limitation any request to access, correct, amend, restrict processing of, port, object to the Processing of, block, or delete Personal Data. If applicable, and to the extent legally permitted, the parties shall provide each other with reasonable cooperation and assistance in relation to handling of a Data Subject's request.
5.1 Company represents that it has implemented a consent mechanism or process (such as a consent screen or check-box) that is legally sufficient, where applicable, for purposes of compliance with Data Protection Laws, in that it permits Data Subjects to provide consent that is freely given, informed, specific, and unambiguous.
5.2 Bidsopt uses mobile device identifiers and geolocation data ("Device Data") to provide its services, including for the purpose of tracking Data Subject interactions for digital advertising. Company shall, and as applicable shall contractually require its data sources to, implement appropriate notice and consent mechanisms upon its digital properties so that Bidsopt can capture applicable Personal Data lawfully through such digital properties in order to perform its services under the Agreement.
5.3 Each party shall use and honor any applicable signals and OpenRTB specifications that are passed to the other party, including any signal regarding (a) COPPA flagging, (b) GDPR consent, or (c) mobile device-based opt-outs. Company shall not provide to Bidsopt Device Data regarding any device that has opted out through device settings unless it also provides any accompanying opt-out signal (e.g., LMT=1).
5.4 Upon the development of an industry-standard consent mechanism (such as IAB Europe's Transparency & Consent Framework), each party shall make good faith efforts to implement, list itself in, or otherwise comply with such mechanism and related consent standards. The parties shall cooperate in good faith regarding the deployment of any such mechanism.
5.5 Upon Bidsopt's request, Company shall provide to Bidsopt any relevant information documenting its consent processes or mechanisms, and any supporting records regarding the manner in which Company obtains consent from applicable Data Subjects.
6.1 Each party will implement and maintain appropriate security measures for protection of the security, confidentiality, and integrity of Personal Data, including all measures required pursuant to Article 32 of the GDPR.
6.2 Pursuant to Article 28, Section 3(c) of the GDPR, each party will ensure (and contractually require) that any Data Processors with which it contracts take all measures required pursuant to Article 32 of the GDPR.
7.1 To the extent the Processing of Personal Data involves a Transfer, including if Company and Bidsopt Transfer Personal Data through affiliates, subcontractors, or other third parties, and such Transfers of Personal Data originated from the European Economic Area ("EEA"), Switzerland, or other countries or jurisdictions recognizing EU Directive 95/46/EC, each party represents and warrants that its Processing and/or Transfer of Personal Data does and will comply with all Data Protection Laws.
7.2 The provisions of Section 7.1 above are not applicable to the extent the Transfer is:
(a) to a recipient located in an EU member state of the EEA or Switzerland; or
(b) to a recipient covered by a binding adequacy determination by a competent authority with jurisdiction over either party, as applicable, (including the European Commission decisions on the adequacy of the protection of Personal Data in third countries); or
(c) subject to another approved Transfer mechanism that provides an adequate level of protection in accordance with Data Protection Laws, such as, without limitation, Binding Corporate Rules.
Company or Bidsopt may appoint third-party Data Processors to Process Personal Data for the purposes set forth herein or in the Agreement, provided that such Data Processors agree in writing to: (a) Process Personal Data in accordance with documented instructions; (b) implement appropriate technical and organizational security measures to protect the Personal Data against a Security Incident; and (c) otherwise provide sufficient guarantees that they will process the Personal Data in a manner that will meet the requirements of applicable Data Protection Laws, including all requirements under Article 28 of the GDPR.
9.1 Nothing in this DPA shall confer any benefits or rights on any person or entity other than the parties to this DPA.
9.2 This DPA takes effect as of the date of last signature below ("Effective Date") and shall remain in effect during the existence of the Agreement. Without prejudice to the remedies as set forth elsewhere herein or in the Agreement, if either party violates this Agreement, the other party is entitled to terminate the Agreement in its sole discretion and without any extra costs or expenses (provided any payments due and owing shall remain so).
9.3 Bidsopt and Company each mutually represent and warrant that (a) the person executing this DPA on its respective behalf has the legal authority to bind such party, and (b) it has right, power, and authority to (i) enter into this DPA, (ii) make the representations and warranties contained herein, and (iii) commit to and perform the respective duties, obligations, and covenants set forth hereunder.
This Agreement shall govern participation in the Bidsopt Media Advertising program. By participating in the Program, the advertiser agrees to be bound by the Terms and Conditions.
"Bidsopt Pte. Ltd.", having our registered address in 30 Cecil Street, #19-08 Prudential Tower, Singapore 049712 herein referred as "Bidsopt"(the DSP provider of the services).
And the Advertiser, Ad Agency, Ad Network, their Clients, Partners and Agents; herein collectively referred to as “Advertiser”. The submission of a signed release order/insertion order by Advertiser to Bidsopt DSP is construed as an acceptance of all the rates, terms and conditions under which advertising is sold at that time. Any and all modifications to the release order / insertion order are invalid unless acknowledged and accepted in writing by both Bidsopt DSP and the Advertiser.
Bidsopt may change the Terms and Conditions from time to time, at any time without notice to Advertiser, by posting such changes on the Site. Advertiser's continued access or use of the Site constitutes your acceptance of the changes. It is your responsibility to regularly check the Site to determine if there have been any changes to these Terms and Conditions. BY ACCESSING, USING, BROWSING, OR REGISTERING FOR SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. If you breach any of the Terms and Conditions, your authorization to access or use this Site or the products and services offered through it may be terminated without notice by Bidsopt DSP.
You may terminate this Agreement by disabling Your Account. You may terminate participating (or change or cease which Publisher Applications receive Ads) by removing the Bidsopt. Bidsopt will pay all undisputed amounts due to You within sixty (60) days from the last day of the month in which termination occurs.
Bidsopt may immediately terminate this Agreement, or cancel or suspend whole or in part, the Network, for any reason at any time. In addition, Bidsopt may terminate this Agreement immediately without notice to You in the event that: (i) You fail to comply with the Bidsopt Advertising Guidelines; (ii) You breach any term or condition of this Agreement; or (iii) upon receipt of claims or allegations from third parties or authorities or if Bidsopt believes You have breached any term or condition of this Agreement. Bidsopt is not required, and may be prohibited, from disclosing a reason for the termination of Your Account. All decisions regarding the termination of Accounts shall be made in the sole discretion of Bidsopt. You
5.1 You will pay us for all charges and fees you incur in connection with using our services. You are responsible to pay all applicable taxes arising from or in connection with your use of our services.
5.2 All our charges and fees are payable to us in United States Dollars or any other currencies that both parties agree upon.
5.3 Charges are based on our measurements which are definitive and applicable for all billings based on service rendered and product type such as impressions/clicks.
5.4 We will bill for all charges and fees at the end of the month or week (as agreed) or upon completion for usage of services whichever comes earlier. We will submit an invoice to you through e-mail or mailing address indicated on the insertion order. If we agree to your request to send an invoice to a third party on your behalf, such third party will timely pay the invoice, and if not, you will be immediately pay us all such amounts.
5.5 Any disputes about charges to your account(s) must be submitted to us in writing within 7 days of the date you receive/sight our invoice, otherwise you waive such dispute and such charge will be final and not subject to challenge
5.6 All payments of service fees and initial deposit(s) are non-refundable. If you fail to make any payment as set forth herein, you will pay all reasonable expenses (including attorneys' fees) incurred by us in collecting such charges. Charges and fees do not include any applicable sales, use, value-added, withholding, excise, or any other taxes or government charges, which are payable by you and are in addition to any amounts due to us.
5.7 Any overdue amounts are subject to interest charges of 1.5% per month. Your account will be deactivated or suspended if your overdue exceeds more than 3 months. We reserve the right to use your information for debt collection purposes and send your account for collection of non- payments.
5.8 In the event your services are terminated, you are responsible for payment of all charges and fees incurred on or before the date of termination and all unpaid invoices issued to you. If the charges are not due or payable after the date of termination, you are still liable to pay us in full on the date of termination.
You hereby defend, indemnify and hold Bidsopt, and its affiliated companies, and each of their respective directors, officers, employees, consultants and agents harmless from any losses, damages, or costs arising from your use of the Services, or your breach of this agreement. This includes, but is not limited to, any losses, damages, or costs resulting from claims that your ads infringe upon a party's intellectual property or other rights.
7.1 Bidsopt needs the right to use your ad to the extent necessary to provide you with the Services, now and in the future. For example, if you upload an ad to the Bidsopt Ad Server and request that it be served to a particular website, Bidsopt requires a license from you to do so. By using the Services, you:
a) Grant to Bidsopt , and its affiliates and subsidiaries and suppliers, a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, and translate such ads, solely in the manner and for the purposes for which the Services are used from time to time.
b) Grant to Bidsopt, and its affiliates and subsidiaries and suppliers, a non-exclusive, royalty-free, transferable, irrevocable right to collect, use and modify any data related to your ads Grant to Bidsopt, and its affiliates and subsidiaries and suppliers, a non-exclusive, royalty-free, transferable, irrevocable right to use your name, logo and ads on each of their respective websites and promotional materials.
c) Represent to Bidsopt that you have the lawful right to post and distribute that ad to or through the Services and, in doing so, you are not violating the terms of this agreement, the terms of any other agreement, or the rights of any person or entity.
'Bidsopt' , 'Bidsopt .com' and the Bidsopt logo are, and remain, trademarks of Bidsopt , its affiliated companies, and/or its licensors; you may not copy, imitate or use any of these without Bidsopt's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bidsopt, its affiliated companies, and/or its licensors; you may not copy, imitate, or use any of these without Bidsopt's prior written consent.
You acknowledge and agree that all right, title and interest in and to the aforementioned assets, including derivative creations, is the exclusive property of Bidsopt, its affiliated companies, and/or its licensors, and is protected by applicable intellectual property and other laws.
You grant Bidsopt and its affiliated company's permission to identify you as a customer. This includes using your name, trade name and trademark (if applicable), and generally describing your business in their marketing materials and website.
Bidsopt's DSP platform is provided to you by Bidsopt on an 'as is' and 'as available' basis. Bidsopt makes no representations or warranties of any kind, express or implied, as to the operation of the Bidsopt DSP platform or any information, content or materials it contains. Bidsopt expressly disclaims any and all representations, warranties and conditions, express and implied, including any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for a particular purpose, suitability for a particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the Bidsopt DSP platform or the information, content or materials it contains. Bidsopt does not represent or warrant that the Bidsopt DSP platform is accurate, complete, reliable, current, or free of errors, viruses or interruptions. Bidsopt is not responsible for, and will not be liable to you in respect of, unauthorized access of your account by third parties through illegal or unauthorized means (including access through exploitation of security gaps, weaknesses or flaws, whether or not such are known to Bidsopt at the time). you expressly agree that your use of the Bidsopt DSP platform is entirely at your sole risk.
11.1 The Advertiser shall produce content including (without limitation) text link banners, video and graphics for display on mobile display devices on which the Publishers sites are made available.
11.2 All information provided by the Advertiser in connection with the Advertising Material created by the Advertiser should be complete, accurate and up to date. If any such information provided should be or become inaccurate the Advertiser shall register any required change on the online-system of Bidsopt as soon as reasonably possible and in any event no later than seven days after it becomes aware of such inaccuracy.
11.3 The Advertiser is responsible for ensuring that it shall at all times in connection with its use of the Platform and the Services, and that all Advertising Material supplied by it shall, comply with all relevant applicable laws and legal obligations, and all applicable codes of practice and guidelines.
11.4 Without prejudice to the obligations contained in clause 11.3 the Advertiser shall at all times comply with the Bidsopt content guidelines.
11.5 The Advertiser must not upload onto the Platform any Advertising Material which: may harm the goodwill or reputation of Bidsopt or the Publisher or bring Bidsopt or the Publisher into disrepute including any material which is indecent, obscene, illegal, defamatory, discriminatory, misleading, harmful or offensive or is otherwise in violation of any laws or regulations to which Bidsopt, or the Publisher is subject or any right of any third party.
11.6 If Bidsopt, in its absolute discretion, considers any Advertising Material to be in breach of this clause it may remove any such Advertising Material from the platform forthwith infringes the intellectual property rights or any other rights of any third party (in particular copyrights, trademark rights, personal rights or similar rights).
11.7 The Advertiser is fully responsible for the content of the Advertising Material provided to Bidsopt. The Advertiser guarantees that he is duly authorized to use all the company and product names, trademarks, brands, logos and pictures (hereinafter referred to as "Images") contained in the advertising material and grants Bidsopt the right to use these Images within the scope of delivering the service.
11.8 The Advertiser warrants and undertakes that none of the content or any other data which it shall upload onto the Platform shall include any computer virus, routine, worm, time bomb, trojan or any other such device or mechanism of misuse.
11.9 The Advertiser shall indemnify Bidsopt against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Bidsopt arising out of or in connection with any breach by the Advertiser of clauses 11.3 -11.8 (inclusive).
11.10 Bidsopt can use the respective names and logos of any party as a reference for the advertising purpose in all media.
11.11 The Advertiser shall communicate exclusively through Bidsopt and shall make no direct contact with any Publishers.
11.12 For the period of providing the Services the Advertiser grants Bidsopt all necessary rights of use pertaining to the Advertising Materials.
By supplying the content for the Advertising Material to Bidsopt the Advertiser grants the Publisher the right of use for the advertising content for the time of the agreed advertising period.
12.1 The Publisher, App Developer and/or Affiliate will contract directly with Bidsopt and not with an Advertiser.
12.2 The Publisher, App Developer and/or Affiliate shall not take any action which might damage the good name and/or business of Bidsopt, or any Advertisers. The Publisher, App Developer and/or Affiliate shall each be responsible for ensuring the availability, functionality and content of their Mobile Advertising Sites at all times.
12.3 Automatic generation of views, clicks, leads or sales by means of technical appliances is forbidden. Bidsopt has developed anti-fraud systems, which it shall use to regularly check the traffic of the Publisher. Accounts belonging to Publishers who engage in prohibited or fraudulent activities will be permanently removed from the Bidsopt network.
12.4 No remuneration will be paid to Publisher, App Developer and/or Affiliate in respect of fraudulent or invalid impressions, clicks or conversions. If after payment has been made to the Publisher, App Developer and/or Affiliate it is subsequently discovered that any element of the payment related to prohibited or fraudulent activities, Bidsopt may deduct the remuneration paid in respect of any such prohibited or fraudulent activities from future payments or to reclaim any sums unduly paid. Any such deduction or repayment shall be without prejudice to any claim which Bidsopt may have against the Publisher, App Developer and/or Affiliate in respect of such prohibited or fraudulent activities.
12.5 Any misuse of the ad-code on mobile advertising space is forbidden.
12.6 The Publisher, App Developer and/or Affiliate will not modify or change the ad-code provided by Bidsopt or to delete or in any way modify the tracking tags that are included in the code except where specifically agreed to by Bidsopt in writing. Each of the Publisher, App Developer and/or Affiliate undertakes to implement the ad-code only in those Mobile Advertising Sites and Advertising Materials which have been specifically cleared by Bidsopt.
12.7 Any infringement of the obligations underlying these terms and conditions, breach of contract or misuse will lead to the blocking of the Publisher's, App Developer's and/or Affiliates' (as the case may be) accounts immediately. In such a case the relevant Publisher, App Developer and/or Affiliate shall, after receiving notice from Bidsopt, remove any advertising from the relevant Mobile Advertising Sites within 24 hours.
12.8 The Publisher, App Developer and/or Affiliate each warrant and undertake that every element of their Mobile Advertising Sites together with the method of publication of the Advertiser’s adverts on their Mobile Advertising Sites will in each case:
a) comply with and shall not infringe all relevant statutes, regulations and other legal requirements and all relevant codes of practice, guidelines, principles etc applicable to the website;
b) not display any defamatory, immoral, illegal, defamatory, misleading, harmful or offensive content or any content which is otherwise in violation of any laws or regulations;
c) not promote, portray or endorse violence, racism, or discrimination against any sector of society;
d) not display any pornographic, indecent or obscene content;
e) not infringe the intellectual property rights (including ,without limitation copyright, trade marks, design right, database rights or patents) of any third parties;
f) not infringe any protected rights of third parties, including (without limitation) business secrets or confidentiality agreements;
g) not include anything which may damage the good name or the esteem of the Bidsopt brand or its business operations and may in the event of any breach of this clause in its absolute discretion terminate the Contract with any Publisher forthwith. Without prejudice to the obligations contained in clause 12.8 the Publisher, each of the App Developer and/or Affiliate shall at all times comply with the Bidsopt content guidelines
12.9 The Publisher, App Developer and/or Affiliate each warrant and undertake that it has the proper authorization for access to the Mobile Advertising Sites and Advertising Materials which it registers with Bidsopt, and that it is duly authorized to implement the ad-code. Each of the Publisher's, App Developer's and/or Affiliate’s media upon which adverts are to appear must be enabled by Bidsopt. Bidsopt reserves the right to reject any proposed mobile advertising sites.
12.10 Advertising must not be placed on empty sites without site content, pure link lists or media that have not obtained prior acceptance.
12.11 For the purpose of control and optimization of quality standards (in particular, without limitation, copyrights, trademark rights, and personal rights or similar rights) Bidsopt may employ the necessary, appropriate number of ad-impressions on the registered media freely.
12.12 Each of the Publisher, App Developer and/or Affiliate shall indemnify Bidsopt against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Bidsopt arising out of or in connection with any claim brought or threatened against Bidsopt by any third party (including any claim brought by an Advertiser) arising out of any breach by the Publisher, App Developer and/or Affiliate (s the case may be)of the provisions contained in this clause 12.
The Contract and any disputes or claims arising out of or in connection with it shall be governed by the laws of Singapore and subject to exclusive jurisdiction of the courts of Singapore