Agreement Overview

This Agreement ("Agreement") between you ("Advertiser") and ADTech AI consists of these Terms and Conditions, the Frequently Asked Questions ("FAQs"), the Privacy Policy, and any terms related to your advertising campaigns. All these documents are incorporated by reference and govern your use of the AdTech AI services ("Service").

Representation and Authority

If you are accessing the Service on behalf of a business entity, you represent that you have the authority to bind that entity to this Agreement. Both you and the business entity are referred to as "Advertiser."

Acceptance of Terms

By accessing and using the AdTech AI Service, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you may not use the Site or Service. Your use of the Site or Service indicates your acceptance of this Agreement.

Definitions for ADTech AI 

• Account: The online account created by or for the Customer to access AdTech AI services.
• Ads: Advertisements created by the Customer, including display, video, email, or TV ads.
• Advertiser Data: Data provided by the Advertiser, including text (title, description, display URL), destination URLs, keywords, category selections, and other targeting options. 
•  AdTech AI Network: The network of traffic partners delivering visits to AdTech AI advertisers. 
• Campaign: An Advertiser’s advertising campaign within the AdTech AI Network.
• Applicable Laws: Federal, state, and international laws, regulations, and industry guidelines governing the Agreement, including GDPR, CCPA, CPRA, and COPPA.
• Authorized Reseller: An entity authorized by AdTech AI to resell services to clients through its own platform, having executed relevant agreements. References to "Customers" include Authorized Resellers.
• Authorized Users: Customer’s employees and contractors authorized to access the Account and use the Services.
• Customer Content: Ads, images, trademarks, logos, text, and other content provided by the Customer or created by AdTech AI for the Customer.
• Customer CRM Data: Clear (plain text) data about end users provided by the Customer or obtained through third-party integrations, excluding Service Data or Performance Reports.
• Customer Sites: Websites and mobile applications owned or controlled by the Customer where AdTech AI services are integrated, and data is collected.
• Documentation: AdTech AI’s reference documents, support guidelines, policies, and technical materials made available to the Customer.
• End Users: Individuals interacting with Customer Sites or Content, or associated with Customer CRM Data.
• Insertion Order: A form used by the Customer to order specific Media Services.
• Media Services: Specific services described in relevant service addendums.
• Network: Group of publishers and ad sources partnered with AdTech AI.
• AdTech AI Materials: AdTech AI’s technology, documentation, websites, dashboards, visual interfaces, and other service elements.
• Performance Reports: Reports, insights, and analytics provided by AdTech AI relating to the Customer's ads and campaigns.
• Personal Data: Defined by applicable law of each end user’s residence.
• Sensitive Personal Information: Specific personal data categories protected under applicable law.
• Technology: AdTech AI’s proprietary technology, including pixels, scripts, tags, APIs, dashboards, and SDKs.
• Term: The duration set forth in the Customer’s Order Form.

Permitted and Prohibited Uses for ADTech AI  Services

Permitted Uses

You may use the AdTech AI Site to submit advertisements for products or services to be included in the Service. These ads can be placed on:

1. Any website owned or operated by AdTech AI.
2. Partner websites with which AdTech AI has agreements, provided you opt into the syndication program.

AdTech AI reserves the right to reject, remove, modify, suspend, or restrict any ad at any time without notice to comply with policies or protect its interests. Partners also have similar rights.

Prohibited Uses of the Service

You are strictly prohibited from using the Service to:

• Generate fraudulent impressions or clicks on ads.
• Include content that infringes on intellectual property rights or is defamatory, obscene, or otherwise unlawful.
• Advertise illegal goods or services.
• Resell the Service to third parties.
• Engage in any illegal or fraudulent business practices.

Prohibited Uses of the Site

You may not:

• Use automated data mining techniques to reproduce or distribute information from the Site without consent.
• Interfere with the Site or Service, including overloading, flooding, mailbombing, or crashing.
• Frame portions of the Site within another website or establish links to any page of the Site other than the homepage without prior consent.

Advertiser’s Use of the Program

Advertiser Responsibilities

• Information Accuracy: Advertisers must provide true, complete, current, and accurate information. By submitting data, Advertisers grant AdTech AI a non-exclusive, royalty-free, worldwide license to use and distribute such data for delivering visits.
• Content Management: Direct navigations and ad placements are based on Advertiser data, and AdTech AI is not responsible for reviewing submitted content.
• Geographic Origin: AdTech AI does not guarantee the geographic origin of visits.
• Legality: Advertisers must not promote illegal items or engage in fraudulent practices.
• Compliance: Advertisers must comply with all applicable privacy laws and regulations and acknowledge AdTech AI’s data collection practices.

Budgets, and Payment Terms

Budget and Reporting

• Budget Limits: Advertisers can set budget limits and spend caps, with charges based on cost per visit. Daily reporting is available through the Client Console.
• Final Calculations: AdTech AI’s visit calculations are final. Disputes must be submitted within sixty days of the month’s end via email.

Validity and Payment

• Visit Validity: While efforts are made to reduce spam or invalid visits, AdTech AI does not guarantee all visits are valid.
• Invoicing: Monthly invoices are payable within thirty days. Late payments may incur interest and collection costs and could result in suspended campaigns or termination.
• Cost Responsibility: Advertisers are responsible for all costs incurred, including campaign management, maintaining data, and any applicable taxes.

Privacy and Data Collection

• AdTech AI collects personally identifying information from advertisers only if voluntarily provided, such as during registration or through email submissions. For detailed information on how your data is used, please refer to our Privacy Policy. If you have another agreement with AdTech AI, such as an Affiliate or Advertiser Agreement, additional privacy terms may apply. Unless specified in the Privacy Policy, any communication you send to AdTech AI should be considered non-confidential.

Ad Responsibility

• Advertisers are solely responsible for selecting targeting criteria and ensuring the integrity of their ads, including content and URLs. AdTech AI is not obligated to review or screen ad content or targeting criteria but reserves the right to do so.

Termination and Cancellation

Termination by AdTech AI

• AdTech AI may terminate this Agreement or suspend any ads or targeting criteria at any time, with or without cause. While AdTech AI will attempt to notify you via email, it is not liable for any failure to do so. If terminated due to your breach, no refunds will be provided for pre-paid or unused budget portions.

Cancellation by Advertiser

• You may cancel any ad or terminate this Agreement by adjusting or deleting ads in your account. Ads may continue to run for up to one business day after cancellation. You remain liable for any charges incurred up to the effective date of cancellation or termination.

Representations and Warranties of Advertiser

Advertiser always represents and warrants that during the term of this Agreement:

• Authority and Compliance: The Advertiser has the necessary rights and authority to enter this Agreement, perform the required acts, and grant the licenses herein, without violating any other agreements.
• Legal Rights: The Advertiser holds all necessary approvals, licenses, and rights to use the Advertiser Data in connection with the Program and to promote goods and services.
• Data and Content Compliance: Advertiser Data, destination URLs, and promoted products/services do not:
  1. Infringe on third-party rights, including intellectual property and privacy rights.
  2. Contain false, defamatory, obscene, or inappropriate content.
  3. Violate any laws or regulations.
  4. Advertise unlawful products or services.
  5. Contain or trigger spyware, adware, viruses, or other harmful code.
  6. Install applications or alter user settings without consent.

Indemnification

Advertiser Indemnification

Advertiser agrees to indemnify and hold harmless AdTech AI, its affiliates, agents, licensors, and their respective officers, directors, partners, consultants, contractors, attorneys, and employees from any third-party claims or liabilities arising from:

• Any breach of representations, warranties, or obligations in this Agreement.
• Issues related to Advertiser Data, websites operated by Advertiser, or products/services promoted through the Program.

AdTech AI Indemnification

AdTech AI agrees to indemnify and hold harmless the Advertiser from any third-party claims or liabilities arising from breaches of representations, warranties, or obligations in this Agreement.

Indemnification Details

These indemnifications include defending against claims, reasonable attorneys' fees, and any settlements or damages. The indemnified party must promptly notify the indemnifying party of any claims requiring indemnification.

Disclaimer and Limitation of Liability

Except for the explicit warranties stated in this Agreement, both parties disclaim all other warranties, including non-infringement, merchantability, and fitness for a particular purpose. Neither party will be liable for any consequential, special, indirect, punitive, or other damages related to the Program or this Agreement, even if such damages were foreseeable or if the other party was informed of their possibility. AdTech AI does not guarantee the placement or prominence of Advertiser’s links and is not responsible for internet or network unavailability, data corruption, or unauthorized access to information.

Waiver; Remedies

The failure of AdTech AI to exercise any rights or the waiver of any breach by the Advertiser does not prevent future exercise of those rights or waivers of subsequent breaches. The rights and remedies under this Agreement are cumulative and do not limit the exercise of other rights or remedies.

Third Party Beneficiary; Assignment

Each Partner is an intended third-party beneficiary of this Agreement and can enforce terms directly against the Advertiser. AdTech AI may assign its rights or obligations to a third party without prior consent. This Agreement benefits AdTech AI’s successors and assigns.

Disclaimer and Limitation of Liability

Except for the explicit warranties stated in this Agreement, both parties disclaim all other warranties, including non-infringement, merchantability, and fitness for a particular purpose. Except for indemnification obligations, neither party will be liable for consequential, special, indirect, punitive, or other damages related to the Program or this Agreement, even if such damages were foreseeable or if the other party was informed of their possibility. AdTech AI does not guarantee the placement or prominence of Advertiser’s links and is not responsible for internet or network unavailability, data corruption, or unauthorized access to information.

Governing Law and Forum

This Agreement will be governed by the laws of the State of Wyoming Both parties expressly consent to the exclusive jurisdiction and venue of the courts located in Wyoming.

Entire Agreement

This Agreement, along with any executed insertion orders between the Advertiser and AdTech AI, constitutes the complete agreement regarding the Program. It supersedes all previous and contemporaneous agreements, proposals, and communications, whether written or oral, between the Advertiser and AdTech AI. Statements on AdTech AI’s websites regarding the Program are not part of this Agreement unless expressly incorporated by reference.

Notices

AdTech AI may provide general notices to Advertisers through the Client Console or via email to the address provided by the Advertiser. These notices include information on new features, targeting options, and updates to this Agreement or related documents.

Notices of a legal nature from Advertisers to AdTech AI must be in writing and delivered by personal service, confirmed fax, express courier, or certified mail with return receipt requested, to the following address:

ADTech AI ,
Attention: Legal Department,
1309 Coffeen Avenue STE 1200

Sheridan Wyoming 82801

Electronic Signatures

Advertiser agrees to use electronic signatures, contracts, orders, and records, and to the electronic delivery of notices, policies, and transaction records through the services provided by AdTech AI. Advertiser waives any rights or requirements under any statutes, regulations, or laws in any jurisdiction that necessitate an original signature or the delivery or retention of non-electronic records, or to payments or granting credits by means other than electronic.