Advertiser and/or Agency and/or Affiliate (as applicable, hereinafter “the party”, or “a party”) understands and agrees to the following Chinar Libertas provision of the services pursuant to the Advertising Insertion Order to which these Amendment are attached shall be subject to, and governed by, the terms and conditions set forth in the IAB Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less, Version3.0 posted at (the “IAB Standard Terms”), except as otherwise expressly set forth herein.
Capitalized terms used but not otherwise defined in this Amendment. Chinar Libertas and the Advertiser and/or Agency (as applicable) hereby agrees to amend the IAB Standard terms as follows:
- The General Data Protection Regulation (“GDPR”): Each Party warrant that it shall follow and bear the applicable responsibilities under the GDPR, as a data controller and data processor.
- Each Party hereby agrees to comply (and to procure the compliance of all of their respective directors, officers, employees or agents) with all relevant provisions of the GDPR relating to the data maintained or processed by it, under this Agreement.
- If a party fails to comply with the GDPR it shall indemnify the other party against any loss or damage sustained or incurred by the other as a result of that failure, such indemnity to include but not to be limited to any fine which may be levied under the GDPR.
- Definitions: “RP” Revshare deal based on revenue generated by Reporting Source (ad-server system). During the month, all reported payment numbers in the reporting system are not final until complete data have been updated. Final payment numbers will be reported by the 15th of every following month. And all numbers of previous month must be confirmed for payment on the 15th day of following month.
- Terms of Payment: Payment is due within thirty (30) days from the end of the month in which revenue was accrued, unless otherwise indicated in the Special instruction field on the IO. All funds indicated above will be issued in USD.
- Termination: Either Advertiser or Chinar Libertas may discontinue, or pause any campaign upon forty eight (48) hours prior written notice. Advertiser may apply any balance of pre paid fees to a new Cost Per Install or CPA campaign.
- Construction: No terms or conditions other than those set forth in the Advertising Insertion Order, the Amendment, and the IAB Standard Terms shall be binding on Chinar Libertas unless expressly agreed in writing by Chinar Libertas. To the extent that any term or condition set forth in the Advertising Insertion Order conflicts with any term or condition set forth in the IAB Standard Terms (as expressly amended by this Amendment), the former shall govern.
- Modification of Section XIV(d): The blank space set forth in the second sentence of Section XIV(d) of the IAB Standard Terms is filled in as follows: ” USA”. The blank space set forth in the third sentence of Section XIV(d) of the IAB Standard Terms hereby is filled in as follows:”Miami, FL.”.
- “Non-extortion”: This agreement protects both Advertiser and Chinar Libertas against damages that may be inflicted by either party on the other by:
- retroactive changing of the agreed upon payout of the deliverables;
- nullification of the payout. Neither Advertiser nor Chinar Libertas are allowed to inflict the aforementioned damages upon each other regardless of any standing opinions that may arise regarding quality or nature of the delivered traffic.
Chinar Libertas PTE LTD
20 Collyer Quay, #0 9-01, Singapore 049319, Singapore.