General Terms and Conditions of Advertising
General Terms and Conditions of Advertising of Linker Media d.o.o. (hereinafter Linker Media) regulate the use of Linker Media services by the Advertiser and together with the Purchase Order (or data in the Linker platform interface) constitute a contract between Linker Media and the Advertiser. In case of inconsistencies between the terms and conditions defined in the signed or accepted purchase order, the terms and conditions from the Linker Platform interface and these Terms and Conditions, the details of the campaign recorded in the interface of the Linker platform shall be applied.
a. Linker Media is the owner of the Linker platform for native advertising and content exchange on partner portals. The Linker platform uses an advertising network of partner portals to display advertisements leading to the Advertiser's landing page for the purpose of promotion. Linker uses algorithms that determine the appearance order and frequency of ads within the Linker network.
b. Linker Media agrees to display ads according to the visual, textual, timing and other guidelines set or defined by the Advertiser until the expiry of the campaign and/or the agreed budget.
c. Linker Media cannot always guarantee the placement, positioning or delivery times of the advertisements, the full delivery of clicks ordered in a set duration of the campaign or display of ads to a specific target group, but will strive to meet all conditions from the purchase order through the Linker platform.
2. Content of advertisements
All content, products and/or services must comply with local restrictions and applicable laws and regulations pertaining to advertising in each country.
Advertisers shall ensure that their advertisements comply with legal provisions, and Linker Media will not take responsibility for the content of any advertisements. Linker Media shall ensure the quick and efficient removal of advertisements that possibly violate legal provisions or infringe third-party rights. Such advertisements shall be removed no later than 8 hours from the moment when Linker Media was notified about their existence with an explanation and landing page of the advertisement, via the following e-mail: firstname.lastname@example.org.
Linker Media explicitly agrees that the advertising space on partner portals shall not be used to sell any of the following:
1) Inappropriate adult content
2) Sexually suggestive content
3) Harm or sexualisation of children
4) Sale of tobacco
5) Weapons, explosives and related products
6) Drugs and drugs-related products (Cocaine, crystal meth, heroin, marijuana, mephedrone, "legal highs"etc)
7) Sale of body parts and/or fluids
8) Sale of endangered and threatened species
Linker Media has the right to refuse or remove advertising content, suspend campaigns and/or ban advertisers from the platform if any of the following prohibited content is marketed:
a. Offensive, threatening or inappropriate content
b. Dangerous content or content promoting dangerous behaviour
c. Content involving false promises, fraud or illegal activities
d. Intimidating, alarming, shocking or bizarre content
e. Content inciting hatred, discrimination, harassment, intolerance or exploitation
f. Content directly displaying personal or sensitive information without the explicit consent of the person concerned
3. Campaign details
a. Payments: Prior to launching campaigns, Linker Media reserves the right to an advance payment of the budget required for a campaign. In that case, advertisements within the campaign can only be launched after Linker Media has recorded the receipt of the agreed budget amount in its account. The number of clicks and impressions shown on the Linker platform is the only relevant parameter on the basis of which the budget is spent.
b. Campaign management: The Advertiser understands and agrees to accept responsibility for his own actions on the Linker platform during set-up and campaign management phases. Linker Media shall not review the Advertiser’s activities in its user interface and is not responsible for Advertiser errors. Linker Media shall approve ads and record the campaign budget before the ads start showing and reserves the right to ban advertisers from editing their campaigns for any reason.
c. Campaign termination: When ordering a campaign, the Advertiser should define the beginning and end dates of the campaign. The campaign can be suspended or cancelled by the Advertiser in writing within two working days or via the platform within twelve hours of the desired termination of the campaign. Linker Media also has the right to terminate the campaign or withhold the Advertiser’s rights to use the Linker platform in case Linker Media for any reason believes that the Advertiser has violated the provisions of these General Terms and Conditions of Advertising.
4. Content and data ownership
a. Content ownership: The Advertiser shall be entitled to intellectual rights related to advertising content shown in ads and the landing page.
b. Data ownership: Linker Media and the Advertiser shall be entitled to all data that are actively and passively collected on or through the networks and servers of both parties, in accordance with the requirements of the General Data Protection Regulation (EU) 2016/679.
c. Linker pixels: By mutual agreement, the Advertiser may place Linker pixels on its landing pages. Linker Media can at any time update, modify, or replace Linker pixels in a discrete manner that will not adversely affect the functioning of the Advertiser’s pages or its purpose. Linker Media will use Linker pixels to collect data on conversions and to perform platform analytics, to integrate and connect data and optimize the collection, segmentation and targeting of advertising content, in accordance with the requirements of the General Data Protection Regulation (EU) 2016/679.
a. Both parties shall comply with Confidential Information (defined below) which one party reveals to the other in relation to their cooperation and these General Terms and Conditions of Advertising. The receiving party shall not disclose confidential information to a third party or use it for any other purpose, except in relation to the party’s rights and obligations defined in this Agreement. Confidential information includes any information related to any of the parties or their subsidiaries or partners that is not generally known to the public, information labelled as confidential or proprietary, including the terms of this Agreement. Confidential information does not include information that at the time of publication was or thereafter became part of the public domain through other sources, information that at the time of its publication was in the legal possession of the recipient, information that was independently developed by the recipient without the use of confidential information or information subsequently obtained from a third party who is not subject to confidentiality obligations in relation to the published data.
b. Confidential information shall be kept strictly confidential and shall be protected by all reasonable and necessary security measures. The receiving party shall not disclose confidential information to anyone other than its employees on a need-to-know basis who are bound by the same confidentiality obligation. Any party may disclose confidential information that is strictly necessary to comply with the requirements of any court order, law or government agency.
6. Data protection