To our valued publisher partners:
We would like to inform you that we have made some changes to Fyber’s Publisher Terms and Conditions (T&Cs). The new version is available here and will become effective on 18th January 2016, unless you submit a timely objection according the procedure outlined below.
Over the past few months, we have introduced a number of new products and technologies to improve our service, including Real-Time Bidding und upgraded functionalities of the Ad Monetization Dashboard. The T&Cs now better reflect the current possibilities available for you to utilize the Fyber Ad Monetization Platform. In addition, we adapted the T&Cs to reflect the current legal and regulatory situation.
The main changes to the T&Cs are listed below:
- The T&Cs now include a definitions part to improve visibility and structure of the terms;
- We amended some definitions to encompass new technologies and products, and added a number of new definitions (such as definitions to “Ad Server”, “Confidential Information”, “Dashboard”, “Fyber Ad Monetization Platform”, “Fyber Exchange”, and “Fyber SDK”) to cover the main concepts addressed in the terms;
- We introduced a definition of Real-Time Bidding and clarified the definitions of Fyber Exchange and Fyber Ad Monetization Platform;
- We clarified the current situation where Fyber assumes no obligation routinely (namely, without any specific indication) to screen third party ads provided by advertisers for compliance with policies, advertiser contracts, or applicable laws (Section 1.2);
- We elaborated on the sign-up and approval process for publishers, which is now described in greater detail under Section 2;
- We clarified each party’s right to terminate the relationship, including the right to terminate in case of uncured violation of representations, warranties and other provisions of the T&Cs;
- In regard to the payment terms, we clarified the current state, in which (unless separately agreed upon in writing) Fyber provides no assurance of any particular earnings (Section 5.2);
- We clarified the current operation and terms of Fyber Tracking (Section 5.5);
- We added a definition to “Fraud” (Section 5.6);
- In regard to incentive models, we added an obligation to publishers to notify Fyber if the publisher intends to extend “real” (i.e., non-virtual) rewards (Section 5.7);
- We restructured and supplemented the provision stating Publisher’s Representations and Warranties, including the commitment to comply with applicable terms, conditions and policies of applications store vendors such as Google Play and Apple’s iTunes App Store (Section 6.2.a);
- We modified and expanded our terms concerning Confidentiality and Privacy, including a specific obligation to comply with all applicable laws and regulations related to the Children’s Online Privacy Protection Act of 1998 and its rules (“COPPA”) (Section 7);
- We reformulated the terms concerning the disclaimer and the limitation of liability to reflect the current legal situation under the applicable law (Section 8), and added a platform availability guarantee in Section 8.2(f);
- We introduced some changes and clarifications regarding the indemnification procedure. (Section 9);
- Under the General Provisions, we introduced a Publicity and Test Results clause extending a mutual right to make public announcements regarding our collaboration (Section 10.3);
- We elaborated on the Force Majeure clause (Section 10.4) and the Notice Clause (10.5), and introduced a Modification clause outlining in detail the procedure of changing or revising the T&Cs in the future (Section 10.6);
Objections: Should you disagree with the changes of the T&Cs, you may dispute the changes within two weeks from the date of this notification. In any event, objections must be submitted no later than 31st December 2015. Objections must be submitted in writing to [email protected]. In the absence of overriding agreements in writing, all changes to the T&Cs become binding towards you in the event that you do not timely dispute the changes and continue to use the Fyber Ad Monetization Platform. Upon a timely objection, each party may elect to terminate the contractual relationship according to the procedure set forth on the T&Cs currently in force.
The Fyber team