Legal | Service Agreement | Privacy Policy | Ad Exchange Terms & Conditions | Publisher Service Agreement |
The below Ad Exchange Terms & Conditions and related materials ("eFind Materials") may be translated into different languages. In the event of any conflict or inconsistency between any term in eFind Materials in the English language and any translation thereof in any other language, the English version shall prevail.
This contract containing the eFind Ad Exchange Terms & Conditions ("Terms & Conditions") is entered into by you ("you") for the business entity or person for whom you are acting (the "Customer") and eFind, LLC. ("eFind"), and sets forth the legally binding terms between Customer and eFind that govern Customer's use of eFind's Exchange Services (the "Services"). Capitalized terms shall have the meanings ascribed to them in these Terms & Conditions and the eFind Service Agreement.
1. Acceptance and Order of Precedence. By indicating your acceptance to these Terms and Conditions, you accept on behalf of Customer and Customer agrees to be bound by these Terms & Conditions and eFind's online Master Services Agreement (as amended and located at: https://affiliate.efind.com/legal/efind-service-agreement) which is incorporated by reference into these Terms and Conditions (collectively, the "Agreement"). Alternatively, if Customer and eFind execute these Terms & Conditions through a signature process that will be the "Agreement" and shall take precedence of these Terms & Conditions. If there's a conflict between the terms of the Master Services Agreement and these Terms & Conditions, these Terms & Conditions shall control and take precedence. This Agreement constitutes the entire agreement between Customer and eFind and supersedes all prior agreements entered into between Customer and eFind with respect to the subject matter herein.
2. Description of Services. The Services include: (a) providing publishers with services to track, analyze, engage and grow their audiences; (b) operating a real-time, data driven automation platform for advertising, data management, and yield optimization, facilitating the integration of third party providers of online advertising and data on one or more of the Sites (defined below); and (c) aggregating and licensing data that eFind collects in connection with the operation of such platform to third parties. The Services are delivered via Customer's websites, blogs, or other properties approved by eFind (collectively, the "Sites"). Customer agrees to use the Services for Customer's business or commercial use and not for personal, household, or family purposes. Customer agrees to adhere to eFind's Ad Exchange Supply Policy (located at: https://www.efind.com/legal/ad-exchange), as updated, and provide any additional information regarding the Sites and proposed Sites that eFind may reasonably request.
3. License. Customer may provide eFind with three types of information arising from or related to this Agreement: (a) "Content Data", which shall mean the textual, visual or aural placement of content published on Customer's Site; (b) "User Data", which shall mean end user data that can be used to directly or indirectly identify a natural person, including personal information (as defined by applicable law), such as a unique ID, hashed email, cookie, or IP address; and (c) "Site Data", which shall mean web viewing and search activities, operating system, device type, and other engagement data of end users. Content Data, User Data, and Site Data shall collectively be referred to as the ("Data"). For avoidance of doubt, User Data does not include personally identifiable information (as defined by applicable law). Customer hereby grants to eFind an unrestricted, irrevocable, perpetual, fully paid, royalty free, transferable, and sublicensable right to use, collect, manage, access, modify, disseminate, make derivative works of and index (i) the Data for the purpose of providing and improving the Services hereunder, and (ii) the User Data and Site Data to sell, commercialize, and grant access to, or distribute such data to third parties. Notwithstanding the foregoing, eFind's use of User Data shall be in compliance with its then in effect privacy policy and, where applicable, data processing addendum.
4. Payments. Subject to the terms of the eFind Service Agreement, eFind will pay to Customer the amounts determined by eFind for each Ad impression served on any of the Sites within 30 days after the end of each month in which the Ad impressions were served, subject to eFind's prior receipt of valid payment and tax information.
5. Term and Termination. These Terms & Conditions shall commence as of the date of your acceptance of this Agreement or the date when Customer begins using the Services, whichever is earlier ("Effective Date") and remain in full force and effect while Customer is using the Services ("Term"). Either party may terminate access to or use of the Services for any reason or no reason, effective by eFind upon sending notice to the email address associated with Customer's Account or by Customer sending notice to support@efind.com.