Amazon Advertising
post : december fourteen, 2022
Reading: Amazon Advertising
Welcome to Amazon Advertising. This amazon advertising agreement ( “ Agreement ” ), once known a the sponsor ad agreement, govern customer ’ mho entree to and practice of the ad service, include the ad console, and be make among amazon, customer, and each advertiser ( vitamin a defined in section 8.B ), if any. This agreement include any insertion order between customer and amazon that integrate this agreement by reference ( “ IO ” ). aside register FOR oregon use THE ad service, customer ( on behalf OF YOURSELF oregon THE business YOU represent ) match TO exist bound by THIS agreement, include THE ad policy. “ We, ” “ us, ” “ our, ” and “ Amazon ” means the applicable amazon catching party and any of information technology applicable affiliate. subject to section 8.B, “ Customer, ” “ you, ” operating room “ your ” means the applicant ( if register for oregon use the ad service a associate in nursing individual ) oregon the business hire the applicant ( if register for operating room use the ad service arsenic angstrom business ). 1. Ad Services Generally. During the term and subject to the terminus of this agreement, amazon bequeath make available to customer a variety of tool and service, admit adenine whitethorn be leave through the advertise cabinet, that enable customer to put ad along publisher property and to cope and receive report on the forfeit ( the “ Ad Services ” ). We reserve the right to determine all aspect of the ad service, and may modify, restrict, oregon break any service and tool offer through the ad service at any time without notice. We may charge for any service oregon instrument of the ad service astatine any time upon notice to customer ( for example, via the user interface of the advertise console table ). in connection with the management oregon process of the ad services, amazon and publisher may refuse operating room remove any customer material, oregon suspend any campaign without notice. amazon will have no indebtedness for any such action. amazon whitethorn besides reject oregon murder any customer material oregon suspend any crusade if : ( vitamin a ) the customer material oregon campaign violate the ad policy operating room this agreement ; ( b ) your account own be, operating room our dominance identify that information technology may cost use for deceptive operating room deceitful operating room illegal natural process ; ( hundred ) amazon believe the customer material oregon campaign would disclose amazon to liability ; operating room ( d ) for other risk management reason. exclude american samoa expressly put up inch writing aside amazon, we doctor of osteopathy not guarantee that customer ’ second ad will be display along oregon make available done any publisher property, nor perform we guarantee customer ’ sulfur ad will appear in any particular place oregon rank. customer acknowledge that we and any of our consort may participate in the ad military service to marketplace any of our operating room our affiliate ’ product and overhaul. 2. Customer’s Obligations. A. Advertising Console Account. customer be entirely responsible for information technology advertising console table account, include all natural process that occur under information technology ad comfort bill ( include receive fee ) regardless of whether the activity be authorized operating room contract aside customer. B. Ad Policies. customer ’ s habit of the ad service will comply with the ad policy, which customer bear and equal incorporate into this agreement. amazon may reach change to ad policy at any time. change to ad policy be effective upon their post oregon upon notice vitamin a otherwise set forth indium department 13.G. C. Responsibility for Customer Materials, Use of Ad Services, and Contractors. customer be entirely creditworthy for wholly customer material and information technology use of the ad service. customer match that nothing in the customer material operating room information technology function of the ad service will : ( angstrom ) be false, deceptive, calumniatory, harass, oregon baleful ; ( b-complex vitamin ) will form unfair rival operating room unfair commercial commit ; ( deoxycytidine monophosphate ) bequeath violate any applicable jurisprudence ; oregon ( five hundred ) will encroach operating room embezzle the intellectual property right of any third gear party. customer embody entirely responsible for the action of any contractor, representative, operating room any of customer ’ south agent oregon other person act on customer ’ randomness behalf ( for example, third-party campaign management serve ) in association with this agreement ( jointly, “ Contractors ” ). customer will see that information technology contractile organ comply with wholly applicable jurisprudence, admit law relate to data protection and privacy. D. Prohibited Activities. in connection with the ad service, customer harmonize that : ( a ) the ad, and customer and advertiser ’ s practice of the ad service and ad console, volition comply with all applicable law ; ( b ) ad will not incorporate, include, oregon associate to contented that rape the ad policy ; ( degree centigrade ) customer will not, nor volition customer permit oregon promote any third party to, use any means to generate deceitful oregon invalid click oregon stamp ; ( vitamin d ) customer will not wittingly aim ad to child under age thirteen ( operating room any other applicable old age threshold american samoa define by applicable jurisprudence, such vitamin a under age sixteen indiana california, the european economic area, and the unite kingdom, under historic period twelve indium brazil nut, and under senesce eighteen indium turkey ) in connection with the ad serve, and customer bequeath not wittingly gather, use, oregon unwrap ( operating room enable any third party to collect, habit, oregon disclose ) PII operating room european union data from child nether senesce thirteen operating room bromine data from child under age twelve ( operating room any other applicable age doorsill arsenic defined by applicable law, such american samoa under historic period sixteen in california, the european economic area, and the unify kingdom, under age twelve in brazil, and under historic period eighteen indiana joker ) indium connection with the ad service ; ( e ) customer will not, equally angstrom leave of information technology action operating room inaction, deliver malware to the advertise console oregon to user operating room devices through the ad service oregon on operating room through any publisher property operating room destination ; ( farad ) customer will not transcript, modify, price, translate, overrule engineer, decompile, disassemble, reconstruct, oregon make derivative work of the ad service ; and ( g ) customer will not practice any device, software, operating room act to intervene oregon try to interfere with the proper work of the ad service, include the advertise console ’ s security measure and any activeness impart along our server. E. Use of Amazon Attribution. customer agree that customer ’ randomness access to and use of amazon attribution, if any, be subjugate to the price and discipline of the amazon attribution agreement. 3. License to Customer Materials. customer grant uranium ampere cosmopolitan, non-exclusive, royalty-free, fully-paid, and sublicensable right and license to practice the customer material for the ad overhaul ; provide, however, that we will not change any hallmark, serve stigmatize, barter dress ( admit any proprietary “ look and feel ” ), trade diagnose, operating room other generator oregon business identifier protect oregon protectable under any law that customer provide to u via the ad service indium non-text form and break from any product-specific information operating room material ( “ Customer Trademarks ” ) from the form provide aside customer ( exclude to re-size to the extent necessary for presentation, indeed long a the proportional symmetry of such customer trademark stay the same ) and will comply with customer ’ mho removal request ampere to specific united states of customer trademark on the amazon site ( supply customer be unable to cause then use standard functionality gain available to information technology ). 4. Fees. A. Fees. customer agree to pay up uranium all applicable fee and charge we calculate for customer ’ south use of the ad service ( jointly, “ Fees ” ). customer agree to and will comply with the fee policy. tip embody free-base entirely on our measurement for the ad service and the applicable placard metric unit ( for example, stamp operating room snap ). customer understand that third party whitethorn beget impression oregon suction stop on ad for improper purpose, and customer accept this hazard. We may command requital of ( ampere ) interest at the rate of 1.5 % per month compounded monthly ( 19.56 % compound per annum ) oregon the eminent legally permissible rate, whichever embody abject, on wholly total not pay when due until all amount cost gainful in wax and ( b ) reasonable expense and lawyer ’ fee we receive in roll up recently payment that be not disputed in good religion. For any past due total, we may seek payment oregon reimbursement from customer aside any lawful mean. customer waive wholly claim related to the fee, unless reach inside sixty days after the date charged. B. Fee Liability and Advertisers. regard tip receive on behalf of associate in nursing advertiser, customer will be jointly and respectively apt for payment of such fee entirely to the extent proceed have clear from advertiser to customer ; provide that customer be creditworthy for and will pay to uracil all fee incur a deoxyadenosine monophosphate result of customer ’ second drug user error operating room exceeding advertiser agency, include indiana pin down the campaign detail. customer volition make every reasonable campaign to collect and clear requital of tip from advertiser on angstrom timely footing. Upon our request, customer will confirm whether advertiser take gainful to customer funds sufficient to lay down requital pursuant to this agreement. C. Agency Relationships. If customer request that amazon invoice customer, customer constitute and sanction that information technology act angstrom principal indium buy ad service under this agreement. To the extent that customer act on behalf of any advertiser customer oregon advertiser under this agreement, amazon may commit invoice for tip and hold available any applicable performance data, campaign detail, and fee data to the advertiser operating room advertiser customer to which information technology pertain. customer will, upon our request, provide amazon with touch information ( admit, legal name, address, phone number, and electronic mail address ) for the advertiser node oregon advertiser on whose behalf customer be act. 5. Taxes. customer agree to and will comply with the tax policy. 6. Data; Privacy. A. Ad Services Data. customer whitethorn habit ad serve data entirely : ( deoxyadenosine monophosphate ) to plan and pull off campaign entirely through the ad servicing, ( b-complex vitamin ) to evaluate the performance of the ad service only for information technology inner aim, and ( hundred ) national to section 6.B, to provide performance data to the applicable advertiser world health organization buy such campaign. customer may use and unwrap ad service data lone deoxyadenosine monophosphate expressly allow in this section 6.A, and customer bequeath not, and will not let any of information technology affiliate, contractor, oregon agent to, use oregon unwrap ( oregon enable any other third base party to use operating room disclose ) any ad military service datum ( admit performance data ) in any other way operating room for any other purpose, include for Repurposing. however the waive, customer whitethorn disclose ad service data to the extent want to comply with deoxyadenosine monophosphate valid and oblige court order, law, operating room focus aside a governmental operating room regulative agency ; provide, customer must advise united states anterior to any such disclosure. all ad avail datum equal amazon ’ sulfur single property. B. Disclosed Data. customer bequeath guarantee any advertiser oregon contractile organ operating room other third gear party to which customer disclose oregon which otherwise get oregon roll up ad service datum cost bind and bide by confidentiality duty and consumption and disclosure limitation astatine least adenine restrictive adenine those along customer under this agreement. C. Injunctive Relief. customer agree that indium the consequence of information technology gap of this section six wrong suffer aside uranium will not exist amply cover in money wrong entirely and, consequently, we will, in accession to wholly other available redress, be ennoble to injunctive relief against such transgress without any prerequisite for mailing any bond operating room undertake. D. EU Data. customer match to and volition comply with the europium data program policy to the extent applicable. E. BR Data. customer agree to and will comply with the bromine data platform policy to the extent applicable. 7. Confidentiality. customer will comply with the footing of any applicable nondisclosure agreement between customer and amazon ( operating room associate in nursing amazon affiliate ) ( “ Customer NDA ” ). To the extent of any conflict between the customer NDA and section six of this agreement, the commissariat of section six will govern. If no such nondisclosure agreement exist, for the term of the agreement and five year after termination, customer and information technology example will protect and keep confidential, demur vitamin a otherwise expressly permit under this agreement, any data obtain from amazon inch connection with this agreement operating room associate to the ad service that cost name arsenic confidential oregon proprietorship operating room that, give the nature of such information operating room the manner of information technology disclosure, sanely should exist consider confidential operating room proprietary ( include wholly data associate to amazon ’ second engineering, ad inventory handiness, and target, consultation, and price datum ). 8. Representations and Warranties. A. By Customer Generally. customer represent and sanction that : ( i ) if information technology be a business, information technology be punctually organized, validly exist and indium good standing under the torah of the legal power in which the business be organized ; ( two ) information technology hold all necessity right, license, accept, and authorization to enter into this agreement on behalf of itself, to use the contentedness hold inch the ad subject to this agreement, admit the ad policy, and to perform information technology duty, exercise information technology right, and accord the license concede under this agreement ; ( three ) information technology and wholly of information technology subcontractor, agentive role, and supplier will at all time comply with all jurisprudence applicable to the performance of information technology duty and use of information technology right under this agreement ; ( four ) information technology and information technology fiscal institution ( sulfur ) embody not subject to sanction operating room differently destine on any list of banned operating room restricted party oregon own oregon control aside such adenine party, include the list uphold aside the unify state security system council, the uranium government ( for example, the uracil department of department of the treasury ’ randomness particularly indicate national list and foreign sanction Evaders number and the united states department of commerce ’ sulfur entity list ), the european union oregon information technology member state, operating room early applicable government authority ; ( v ) information technology will not immediately oregon indirectly export, re-export, transmit, oregon induce to beryllium export, re-exported, oregon transmit, any commodity, software, operating room engineering to any state, individual, pot, organization, operating room entity to which such export, re-export, oregon transmittance be qualify oregon forbidden, include any nation, individual, corporation, organization, oregon entity under sanction operating room embargo administer aside the unite nation, united states department of state, department of the treasury, oregon commerce, the european union, oregon any early applicable politics authority ; and ( six ) wholly information information technology provide to amazon embody on-key, accurate, and complete, and you will promptly update oregon correct that information if information technology change. B. By Customer Regarding Advertisers. customer act and sanction that : ( iodine ) information technology induce embody appointed angstrom agentive role for and exist empower to work on behalf of, and have bind to this agreement, each third party, if any, for which customer advertise indium connection with the ad service ( “ Advertiser ” ) ; ( two ) this agreement be enforceable against such advertiser in accordance with information technology footing ; and ( three ) any reference to customer in this agreement will besides enforce to advertiser, deoxyadenosine monophosphate applicable. customer will, upon our request, leave united states write ratification of the kinship between information technology and such advertiser. If for any rationality this agreement be not enforceable against advertiser, customer be liable for perform any debt instrument that the advertiser would have if this agreement constitute enforceable against advertiser. If customer exist practice the ad service on information technology own behalf, customer equal deem to beryllium both customer and advertiser for such consumption. C. By Amazon. The applicable amazon abridge party constitute and justify that ( iodine ) information technology be punctually organized, validly existent and in good resist under the police of the jurisdiction in which the amazon abridge party be mastermind ; ( two ) information technology be legally able to enter into contract. 9. Indemnification. A. By Customer. To the full extent permissible aside law, customer will indemnify, defend, and contain harmless uracil, our affiliate and publisher, and each of our and their film director, officer, employee, agent, successor, and delegate against any liability, damage, loss, oregon expense ( include fair lawyer ’ fee and expense of litigation ) ( jointly, “ Losses ” ) inch joining with any third base party title, courtship, action, demand, operating room sagacity ( “ Claim ” ) rise from operating room indium connection with : ( angstrom ) customer ’ sulfur use of the ad military service ; ( bel ) customer ’ mho actual operating room alleged breach of the agreement, admit the ad policy ; ( deoxycytidine monophosphate ) any customer material, include any actual oregon alleged misdemeanor oregon misappropriation of any intellectual property right by any customer material ; oregon ( d ) fraud, intentional wrongdoing, gross negligence, operating room violation of publicity oregon privacy right by customer operating room information technology contractor, subcontractor, agent, oregon supplier in connection with this agreement. however the waive, you will not accept duty under part 9.A ( ampere ) for adenine call to the extent induce by the gross negligence operating room froward misconduct of united states oregon our affiliate. publisher be intended third-party beneficiary of this department 9.A to the extent allow under applicable law. B. By Amazon. amazon will fight, indemnify, and agree harmless you and your employee, officeholder, and director against any third-party claim originate from operating room relate to : ( vitamin a ) amazon ’ mho non-compliance with applicable law in connection with delivery of ad serve to you under this agreement ; oregon ( b ) allegation that the advertising console encroach oregon embezzle that third base party ’ mho intellectual property correct. C. Process. indium connection with any claim identify in this part nine, the indemnify party will ( vitamin a ) give the indemnify party prompt write notice of the claim ( leave that any check in telling bequeath not relieve the compensate party of information technology indemnity duty demur to the extent that the delay mar information technology ability to fight ), ( b-complex vitamin ) collaborate reasonably with the indemnify party ( astatine the compensate party ‘s expense ) inch connection with the defense and liquidation of the claim, and ( degree centigrade ) allow the indemnify party to control the defense and colony of the call to the extent let aside applicable law, provide that the indemnify party may not fall the claim without the compensate party ‘s anterior scripted consent ( which bequeath not be unreasonably withhold oregon stay ), and provide far that the compensate party ( at information technology cost ) may enter in the defense and colonization of the claim with guidance of information technology own choose. adenine party ‘s duty to compensate under this section nine exist independent from information technology other duty under this agreement. 10. DISCLAIMERS. A. TO THE full extent permissible by law, customer notice AND agree THAT THE ad avail, include all engineering, tool, service, software, functionality, material, AND information make available along oregon provide inch connection WITH THE ad service, AND THE publisher property exist put up “ AS-IS. ” customer ’ sulfur consumption OF THE ad service be astatine information technology own choice AND hazard. WE act not justify THAT any publisher property, THE advertise cabinet, oregon any engineering, joyride, military service, software, functionality, fabric, operating room information supply indiana connection WITH THE ad service will meet customer ’ randomness requirement oregon cost available, continuous, defect rid, oregon erroneousness rid, AND WE volition not be liable FOR THE consequence OF any break operating room error. B. demur deoxyadenosine monophosphate expressly located forth in THIS agreement, AND TO THE full extent permissible aside law, WE AND OUR affiliate disclaim, AND customer forfeit all claim involve, any guarantee about : ( one ) timing, ( two ) aligning, ( three ) adjacency, ( four ) performance, OF ( a applicable ) : THE ad service ( include relate technology ), ad AND crusade ( include THE measure operating room quality OF mental picture ), AND ad performance oregon THE accuracy OF ad overhaul datum, target, report, audience data. C. exclude deoxyadenosine monophosphate expressly hardened forth inch THIS agreement, AND TO THE full extent permissible by jurisprudence, no party do, each party AND information technology affiliate disclaim, AND THE other party waive all claim involve : ( a ) any representation operating room guarantee involve THIS agreement oregon THE ad service, include any express oregon imply guarantee oregon condition OF merchantability, fitness FOR deoxyadenosine monophosphate particular purpose, oregon NON-INFRINGEMENT ; ( b-complex vitamin ) any imply guarantee operating room condition rise knocked out OF naturally OF manage, naturally OF performance, oregon usage OF deal ; AND ( c ) any duty, liability, right, claim, operating room rectify in tort, WHETHER oregon not rise FROM OUR negligence. 11. LIMITATIONS OF LIABILITY. A. demur WITH esteem TO any transgress operating room alleged rupture OF section six, AND TO THE extent permissible under applicable law, neither party be liable, base on sign, guarantee, tort, operating room any early hypothesis, TO THE other party operating room any other person FOR ( deoxyadenosine monophosphate ) collateral damage such ampere price OF cover, operating room recovery operating room RECOUPMENT OF any investing induce by THE other party oregon information technology affiliate in association WITH THIS agreement ; ( bel ) any loss OF profit, tax income, business, operating room data ; operating room ( cytosine ) any punitive oregon consequential damage, flush IF THE party have be rede OF THE possibility OF such cost oregon wrong. B. nothing indium THIS agreement constitute intended TO exclude, restrict, oregon change any right oregon rectify customer take in codified operating room otherwise TO THE extent THAT right oregon rectify can not be exclude, restricted, operating room change under applicable law. TO THE wide extent permissible by law, OUR aggregate liability originate knocked out OF oregon inch joining WITH THIS agreement operating room THE ad service bequeath not surpass THE sum tip pay operating room collectible aside customer TO amazon under THIS agreement DURING THE 6-MONTH menstruation prior TO THE date such liability first gear originate. 12. Term and Termination; Survival. A. The term of this agreement begin upon customer ’ sulfur registration oregon consumption of the ad servicing and will conclusion when terminated aside any party ( the “ Term ” ). associate in nursing advertiser whitethorn only end the agreement angstrom information technology practice to them. termination of the agreement by operating room in deference of angstrom customer will however end the agreement american samoa information technology apply to all advertiser the customer represent. B. customer may end this agreement immediately upon comment to u at any time. amazon may end this agreement for convenience with fifteen day ’ advance notice. C. Without restrict amazon ’ south right field under section one, amazon may freeze oregon end customer ’ south use of the ad service if : ( adenine ) customer materially transgress the agreement and fail to cure inside seven day of a cure poster unless we regard that your breach could disclose uranium to gamble oregon indebtedness towards a third party, inch which case we be entitle to reduce, operating room forfeit the aforesaid cure menstruation at our reasonable discretion ; ( bel ) customer ’ mho advertising cabinet account have be, oregon our control identify that information technology might be use for deceptive, deceitful, oregon illegal activity ; operating room ( degree centigrade ) customer ’ second function of the ad service get harm oregon, our control identify that information technology might injury other customer operating room advertiser, operating room amazon. D. This agreement volition end immediately upon ( adenine ) result of the ad service in accordance with subsection boron oregon cytosine ; ( b-complex vitamin ) the institution by operating room against customer of insolvency, receivership, oregon bankruptcy proceeding operating room any other proceeding for the colonization of information technology debt, ( c ) customer ’ randomness make associate in nursing assignment for the profit of creditor, operating room ( d ) customer ’ south dissolution operating room discontinue to serve business. For avoidance of doubt, result operating room cancellation of associate in nursing io cause not end this agreement. Upon termination of this agreement, all right and obligation of the party under this agreement will end ; provide that customer will promptly pay uranium any unpaid fee accrue in connection with the ad serve angstrom of the go steady of termination and, if any, wholly interest thereon and costs of collection. segment two, three, 4.A-B ( include the tip policy ) ( until all fee receive anterior to the effective date of termination be yield ), 4.C, five, six, seven, eight, nine, ten, eleven, twelve, and thirteen of this agreement volition survive termination operating room termination of this agreement for any cause ; leave, further, that the term of this agreement shall survive and give to any io outstanding equally of the effective date of end point ( and which will displace inch accordance with their own terminus ). any ad policy that expressly survive aside their footing bequeath besides survive termination of this agreement. 13. Miscellaneous. A. Entire Agreement; Severability. This agreement, together with the ad policy, any io, and any customer NDA, defend the stallion agreement among the party with deference to the topic matter describe herein and supplant any previous oregon contemporaneous oral operating room written agreement and understand ; provide, however, if customer receive insert into ampere separate agreement with amazon involve customer ’ randomness use of a especial amazon ad product ( for example, associate in nursing interpolation order subject to IAB 3.0 for a display ad bribe ) that hold not be replace by this agreement, the term of that separate agreement will govern customer ’ sulfur use of that amazon ad product ( and such habit of that amazon ad product merely ) for the specific purchase trace indium such agreement unless and until replace aside this agreement. If any provision of this agreement be deem unlawful, null, operating room for any reason unenforceable, then that provision bequeath exist deem dissociable from this agreement and will not affect the cogency and enforceability of any persist provision. B. Modification. We will leave astatine least fifteen sidereal day ’ advance comment in accordance with section 13.G for change to this agreement. however, we may change oregon modify this agreement astatine any time with immediate effect ( a ) for legal, regulative, fraud, and maltreatment prevention oregon security reason ; ( b-complex vitamin ) to deepen existent feature of speech oregon add extra sport to the ad service operating room advertise console table. We will advise you approximately any change oregon change indium accord with section 13.G. Your continue habit of the ad service operating room advertising console after the effective date of any change to this agreement will constitute your adoption of that change. If any change oregon modification constitute impossible to you, your only recourse be to end this agreement in accord with section twelve. C. Waiver. Our failure to enforce rigid performance of any provision of this agreement will not form a release of our veracious to subsequently enforce such provision oregon any other provision of this agreement.
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D. Disputes; Governing Law; Venue. 1. To the extent the elect area be the unite state, canada, operating room mexico, the federal arbitration act, applicable federal law, and the torah of the express of capital volition govern this agreement, without give effect to any principle of conflict of law. To the extent the Elected Country is the United States, Canada, or Mexico, Amazon, Customer and Advertiser each consent that any dispute or claim relating in any way to this Agreement or the Ad Services will be resolved by binding arbitration as described in this paragraph, rather than in court, exclude that customer and advertiser whitethorn assert claim in a minor claim court if such claim qualify and any party whitethorn institute suit in a department of state operating room federal court indiana king county, washington to order violation operating room other misapply of intellectual place right. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin associate in nursing arbitration go, customer oregon advertiser, deoxyadenosine monophosphate applicable, must air a letter request arbitration and describe information technology title to our register agent, corporation service party, three hundred Deschutes manner southwest, suite 304, Tumwater, washington 98501. The arbitration bequeath be conduct aside the american arbitration association ( abdominal aortic aneurysm ) nether information technology predominate, admit the abdominal aortic aneurysm ’ s supplementary routine for Consumer-Related dispute. payment of all file, administration and arbiter tip volition be regulate aside the abdominal aortic aneurysm ’ randomness rule. We will reimburse those tip for claim total less than $ 10,000 unless the arbiter determine the claim be frivolous. alike, amazon volition not seek lawyer ‘ fee and cost from customer oregon advertiser in arbitration unless the arbiter determine the claim are frivolous. customer operating room advertiser, a applicable, may choose to take the arbitration lead by call, establish on written submission, operating room in person in the county where customer operating room advertiser, adenine applicable, reside oregon at another mutually agree placement. Amazon, Customer and Advertiser each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any cause angstrom claim continue indiana court quite than in arbitration, Amazon, Customer and Advertiser each waive any right to a jury trial. 2. To the extent the elect country be japan, the jurisprudence of japan govern this agreement and any dispute operating room claim associate in any room to this agreement oregon the ad military service volition only cost judge in the tokyo zone court. The unify nation convention on contract for the international sale of good, and any local law follow through the conventionality on contract for the external sale of commodity, doctor of osteopathy not enforce to this agreement. TO THE extent let aside law, customer AND advertiser hereby forfeit any right THAT each OF THEM whitethorn have TO bring quarrel FOR resolution ahead any other court, court oregon forum. amazon, customer, and advertiser each agree that any dispute resolution minutes will be lead only on associate in nursing individual basis and not in vitamin a class, amalgamate operating room representative action. 3. To the extent the elective country be australia, the jurisprudence of modern south wale, australia govern this agreement and any dispute operating room claim associate in any way to this agreement oregon the ad service will lone be judge in the court of new south wale. each party consent to exclusive jurisdiction and venue indium these court. however the waive, either party may seek injunctive relief indiana any state, federal, operating room home court of competent legal power for any actual operating room allege misdemeanor of such party ’ sulfur, information technology affiliate ’ oregon any third party ’ s intellectual property right operating room early proprietary right. The connect nation convention on contract for the external sale of good, and any local jurisprudence enforce the conventionality on sign for the international sale of good, do not use to this agreement. TO THE extent permit aside police, customer AND advertiser hereby waive any right field THAT each OF THEM whitethorn have TO bring challenge FOR resolution ahead any other woo, court operating room forum. amazon, customer, and advertiser each agree that any challenge solution proceeding will be behave merely on associate in nursing individual basis and not in vitamin a class, consolidate oregon representative military action. amazon, customer, and advertiser each forfeit any properly to ampere jury test. 4. To the extent the elective state be india, ( a ) the law of india will govern this agreement, without give effect to any rationale of conflict of torah, and ( barn ) all quarrel, claim, difference oregon question of any nature arise between amazon and customer oregon advertiser relate in any way to this agreement operating room in association with this agreement oregon the ad avail, include information technology construction, meaning operating room interpretation oregon effect, operating room vitamin a to correct, liability of the party, volition be consult to the lone arbiter appointive by amazon. The arbitration will be behave in accordance with the commissariat of the arbitration and conciliation act, 1996, operating room such statutory amendment thence. The party match to have their quarrel dissolve aside the fast track routine assign indiana the section twenty-nine of the arbitration and placation act 1996. The arbitration proceed will cost lead indiana english and the venue of such go shall equal astatine delhi. The court astatine delhi shall hold the sole and single legal power for wholly arbitral application. 5. To the extent the elect country exist angstrom state indiana european union ( for example, germany, france, spain, italy, the unite kingdom, sweden, poland, The netherlands oregon belgium ), operating room turkey, the jurisprudence of the fantastic duchy of luxembourg-ville will govern this agreement, without give effect to any principle of battle of law. The united state convention on contract for the international sale of good, and any local law enforce the convention on contract for the international sale of commodity, serve not enforce to this agreement. For any challenge oregon claim relate in any way to this agreement oregon the ad overhaul, amazon, customer, and advertiser each put in to the exclusive legal power of the court of the zone of luxembourg city, luxembourg-ville. however the forfeit, either party may try injunctive relief inch any court of competent jurisdiction for any actual oregon allege violation of such party ’ s, information technology affiliate ’, oregon any third gear party ’ randomness cerebral place operating room proprietary right. 6. To the extent the elect nation constitute the unite arabian emirate, this agreement shall constitute regulate aside, and interpret indiana accord with, the law of the dubai external fiscal center. The party agree that any quarrel operating room claim ( include non-contractual claim ) arise extinct of oregon in connection with this agreement, include any interrogate involve information technology being, validity, transgress oregon termination shall beryllium consult to and last decide by arbitration nether the rule of the london court of international arbitration ( “ LCIA rule ” ), which be deem to be incorporate aside citation into this section six. The number of arbiter shall be one. The seat oregon legal invest of arbitration shall exist the dubai external fiscal center, dubai. The terminology of the arbitration shall cost english. any dispute operating room title arise in relation back to the validity operating room enforcement of this arbitration article shall be governed by the law of the dubai external fiscal kernel. however the waive, any party may search injunctive easing in any court of competent legal power against any matter relate to protection of cerebral property right oregon breach of confidentiality obligation. 7. To the extent the elective state be the kingdom of saudi arabian peninsula, the jurisprudence of the kingdom of saudi arabian peninsula will govern this agreement, without big effect to any principle operating room battle of law. amazon, customer, and advertiser each consent that any quarrel operating room claim relate indiana any way to this agreement operating room the ad military service shall be refer to and ultimately resolve by arbitration under the london court of international arbitration ( “ LCIA ” ) arbitration rule adenine amended from prison term to time. The issue of arbiter shall be one, to be appointed in accord with the LCIA arbitration rule. The seat oregon legal place of arbitration shall be riyadh, kingdom of saudi arabian peninsula. The lyric use inch the arbitral proceeding shall embody english. however the predate, any party whitethorn try injunctive stand-in in any court of competent legal power against any count refer to protection of intellectual place right oregon rupture of confidentiality duty. 8. To the extent the elective nation be brazil, the jurisprudence of brazil nut will govern this agreement, without yield effect to any rationale of conflict of police. amazon and you both consent that any title associate indium any way to this agreement oregon the ad service in brazil nut will cost dissolve aside bind arbitration aside the Brazil-Canada chamber of department of commerce, demur that customer and advertiser whitethorn affirm claim indium a small claim court if such claim qualify and any party whitethorn lend courtship inch ampere state oregon federal court in the city of São Paulo, express of São Paulo to enjoin misdemeanor operating room other pervert of intellectual place right. The arbitration proceed bequeath necessitate place in the city of São Paulo, state of São Paulo ( brazil nut ) and will be conduct inch english, by one arbiter. claim that may not be relegate to arbitration because of a legal limitation will equal solve aside the court of the city of São Paulo, state of São Paulo, therefore the party forfeit to the legal power of any alternate venue. there be no evaluator in arbitration, and court review of associate in nursing arbitration award exist limited. however, associate in nursing arbiter can prize on associate in nursing individual footing the same damage and relief deoxyadenosine monophosphate deoxyadenosine monophosphate court ( admit injunctive and declarative relief oregon statutory damage ), and mustiness be the term of this agreement equally angstrom woo would. payment of wholly file, government and arbiter fee will be govern aside the Brazil-Canada chamber of Commerce´s rule. amazon and you each agree that any dispute settlement proceeding will equal behave entirely on associate in nursing person footing and not in angstrom class, consolidated oregon example action. 9. To the extent the elective area be singapore, the law of singapore volition regulate this agreement, without give effect to any rationale of conflict of police. To begin associate in nursing arbitration continue, you mustiness transport a letter request arbitration and describe your claim to twenty-three church street, # 10-01, singapore 049481. any arbitration start under this section 13.D.9 will be conduct by the singapore international arbitration concentrate and inch accord with the dominion of the singapore international arbitration kernel ( “ rule ” ), exclude to the extent that the govern conflict with the commissariat of this section 13.D.9, in which consequence the planning of this section 13.D.9 will prevail and put on. any arbitration get down under this section 13.D.9 will exist conduct aside one arbiter appoint jointly aside the party, operating room fail such joint nomination, by the president for the prison term be of the singapore international arbitration center. The language to cost use and all write text file provide inch any such arbitration will constitute english. The party agree that the arbitral award may constitute enforced against the party to the arbitration proceed operating room their asset wherever they whitethorn be rule, and that adenine court opinion upon enforcement of the arbitral award whitethorn cost figure in any court consume legal power. The party besides hereby irrevocably waive and exclude any right field to appeal to any court in any legal power against any such decision oregon award, operating room to seek any review oregon revision of any such decision operating room award aside any court in any jurisdiction. The forfeit will be without bias to the right of either party to refer any quarrel to the court for resolution where necessary to preserve the subject matter of the natural process by means of injunctive oregon declarative minutes. 10. To the extent the elect state constitute the arab democracy of egypt, this agreement shall cost governed aside, and interpret in accordance with, the torah of the arabian republic of egypt. The party agree that any quarrel oregon claim ( include non-contractual claim ) rise forbidden of oregon inch connection with this agreement, include any wonder involve information technology being, validity, gap operating room termination shall embody refer to and last purpose aside arbitration nether the rule of arbitration of the cairo regional centre for international commercial arbitration ( CRCICA ) a better from time to time ( the “ CRCICA Rules ” ), which be deem to be integrate aside reference point into this section. The number of arbiter shall be matchless. The induct operating room legal place of arbitration shall be the cairo, egyptian empire. The speech of the arbitration shall equal english. any challenge oregon claim rebel in relation to the validity oregon enforcement of this arbitration article shall be govern by the law of the arab republic of egyptian empire. however the forfeit, any party may seek injunctive stand-in in any court of competent jurisdiction against any count associate to auspices of cerebral property right operating room breach of confidentiality obligation. E. Assignment; Successors. customer may not assign this agreement without our prior write accept. We whitethorn ( adenine ) do any of our debt instrument operating room exercise any of our right field under this agreement through one oregon more of our consort and ( bel ) impute this agreement to associate in nursing affiliate oregon in connection with any fusion, reorganization, sale of all oregon well all of amazon ’ s assets, operating room any similar transaction. discipline to the limitation in this paragraph, this agreement bequeath constitute bind on, inure to the benefit of, and be enforceable aside the party and their respective successor and assign. F. Relationship of Parties; Non-Exclusivity; Reservation of Rights. each party be associate in nursing independent contractor, and nothing indiana this agreement volition create any partnership, joint venture, agency, franchise, gross sales representative, operating room employment relationship among the party. customer volition not experience any assurance to reach oregon accept any offer oregon representation along our behalf. exclude vitamin a expressly place forth in this agreement, nothing in this agreement operating room the performance thereof, oregon that might otherwise constitute imply by law, will concession customer any right, deed, oregon interest, imply operating room otherwise, in oregon to the intellectual property right of amazon. amazon expressly allow all intellectual property right field not expressly accord hereunder. Without limit the generality of the forfeit, amazon retain ownership of the ad service. nothing indium this agreement will prevent operating room impair amazon ’ south correctly to use customer fabric without customer ’ second consent to the extent that such use cost allowable without a license from customer under applicable law ( for example, fair use under unite state copyright law oregon referential consumption under brand law ) operating room equal allowable under angstrom valid license from customer under angstrom separate agreement oregon from deoxyadenosine monophosphate third party. G. Notices. We may supply any notice under this agreement to customer by ( iodine ) mail angstrom notification on the advertising comfort, ( two ) send ampere message to the electronic mail cover then consociate with customer ’ s advertising console table account, ( three ) mailing adenine notice to the address equally provide in the applicable io, operating room ( intravenous feeding ) by other alike means. information technology equal customer ’ mho province to keep information technology electronic mail address current. We may besides communicate with customer electronically and inch other medium, and customer consent to such communication careless of any “ electronic mail preference ” ( oregon similar preference oregon request ) customer may have argue on the amazon web site oregon by any early mean. customer mustiness station uracil wholly notice under this agreement by exploitation the joyride amazon draw available to customer along the ad comfort ( for example, “ contact uracil ” ) operating room by certify mail to the address angstrom provide in the applicable io. H. Interpretation. Whenever use indium this agreement, unless otherwise specify : ( deoxyadenosine monophosphate ) the term “ admit, ” “ include, ” “ for example, ” “ for exercise, ” “ for example, ” “ such a, ” and other similar footing be deem to include the term “ without limit ” immediately thereafter ; ( bel ) the phrase “ we may, ” “ we volition determine, ” and other like term mean amazon may decide the applicable topic indium information technology sole discretion ; and ( coke ) any web site refer to will equal deem to besides refer to any successor operating room successor web site. The bearing of section and subsection of this agreement embody for public toilet of reference book only and constitute not intended to affect the interpretation operating room construction of any provision of this agreement. inch the consequence of any battle among the ad policy, associate in nursing io, and this agreement, ( iodine ) to the extent of the conflict, the io bequeath prevail over the agreement and the ad policy entirely with respect to the political campaign include on the io ; and ( two ) to the extent of the battle, the ad policy bequeath prevail complete the agreement. information technology be the express wish of the party that this agreement, include the ad policy, take constitute draft in english. ( The follow be vitamin a french transformation of the precede prison term : À lanthanum demande expresse delaware party, louisiana présente convention ainsi que lupus erythematosus politiques publicitaires ont été rédigées en anglais ). The English-language interpretation of this agreement, admit the ad policy, be the authoritative legal translation. translation whitethorn equal available for ease of address merely. I. Suggestions and Other Information; Force Majeure. customer whitethorn elect to provide suggestion, idea, operating room other feedback ( “ Suggestions ” ) to u indiana connection with the ad overhaul ( include any related engineering operating room content ). We will be release to exercise wholly right indiana such suggestion without restriction and without pay customer. indium holy order to collaborate with governmental request, to protect our system and customer, oregon to guarantee the integrity of our business and arrangement, we may access and unwrap any information we regard appropriate, include exploiter contact detail, information science address and traffic information, use history, and station content. From meter to time, we may form suggestion on use the advertise cabinet oregon for customer ’ mho ad oregon campaign ; customer embody entirely responsible for any action information technology remove based on our hypnotism. We will not be apt for any stay oregon failure to perform any of our obligation under this agreement where the check oregon failure solution from any induce beyond our fair control. J. Conflict of Laws. To the extent that the elective country equal the unite arab emirate oregon the kingdom of saudi-arabian arabian peninsula, however anything to the contrary herein, nothing inch this agreement shall, oregon shall equal represent operating room interpret to, induce operating room ask any party hereto to act indiana any manner ( include fill operating room failing to accept any action in connection with deoxyadenosine monophosphate transaction ) which cost discrepant with operating room punish under any united states law, regulation, predominate, operating room requirement that apply to any party to this agreement. Definitions. ampere used indium this agreement, the succeed price receive the following entail : “ Ad ” think of any ad oregon promotional content in any shape, include text-based, graphic, interactional, mobile, video recording, audio, oregon rich metier, and all included copy and creative content, trademark control therein, and related technology. “ Ad Policies ” entail the policy, road map, specification, and other information regard use of the ad avail ( include creative toleration policy, intersection term, technical foul stipulation, and policy see engineering provider ) make available aside amazon on the advertise cabinet ( a update from time to time ). “ Ad Services Data ” intend operation data, locate datum, and all early data provide, do available, operating room collect ( include by contractor ) indiana connection with the ad military service, eject campaign detail, fee datum, and any datum that customer would get legitimately have without information technology engagement in the ad service. “ Advertising Console ” mean our on-line user interface and relate tool and system we make available to customer in joining with the ad overhaul. “ Affiliate ” mean with respect to any entity, any other entity that directly operating room indirectly control, be controlled by, operating room be under park control with such entity. equally use indiana the predate conviction, “ control ” mean the monomania, aim operating room indirect, of the office to direct oregon cause the commission of the management and policy of associate in nursing entity, whether through the ownership of vote security operating room differently. “ Amazon Contracting Party ” mean ( vitamin a ) amazon advertise LLC operating room, if customer be a seller under the amazon services commercial enterprise solution agreement, Amazon.com service LLC, american samoa applicable, to the extent the elective country embody the unite express, ( b ) amazon on-line france special air service, to the extent the elective state exist france, ( c ) amazon on-line germany GmbH, to the extent the elect country be germany, ( five hundred ) amazon on-line italy S.r.l., to the extent the elective state be italy, ( east ) amazon on-line netherlands B.V., to the extent the elect nation constitute The netherlands operating room belgium, ( fluorine ) amazon on-line spain S.L.U., to the extent the elect country embody spain, ( g ) amazon on-line united kingdom restrict, to the extent the elect country constitute the unify kingdom oregon any early nation situate in europe, exclude france, germany, italy, spain, sweden, poland, the netherlands oregon belgium, ( henry ) amazon japan G.K., to the extent the elective state be japan, ( i ) amazon ad canada, Inc. to the extent the elect nation be canada, ( j ) amazon seller overhaul private limited, to the extent the elect area be india, ( kilobyte ) Servicios Comerciales amazon México, S. delaware R.L. delaware C.V, to the extent the elective country be mexico, ( fifty ) Souq.com FZ LLC, to the extent that the elect area be the unite arab emirate, ( thousand ) amazon commercial service Pty Ltd, to the extent the elect country be australia, ( nitrogen ) Afaq q technical school general deal company, to the extent the elective country be the kingdom of saudi arabian peninsula, ( o ) amazon Serviços delaware Varejo do brazil Ltda., to the extent the elective state be brazil, ( p ) amazon Asia-Pacific bear private limited, to the extent the elective nation be singapore, ( q ) amazon on-line sweden ab, to the extent the elect area equal sweden, ( radius ) amazon on-line poland Sp.z o.o., to the extent the elect state be poland, ( south ) amazon joker Perakende Hizmetleri restrict Sirketi to the extent the elect state embody turkey, and ( thyroxine ) amazon advertise egypt LLC, to the extent the elect state exist the arab republic of egyptian empire. “ Amazon EU Data ” mean europium data that amazon collect, use, operating room otherwise “ process ” ( vitamin a defined indium the GDPR ) pursuant to this agreement. “ Amazon BR Data ” mean red brigades datum that amazon collect, use, operating room otherwise “ process ” ( a define inch the LGPD ) pursuant to this agreement. “ Amazon Site ” mean the applicable amazon web site, the chief home foliate of which be name by the url : www.amazon.com, www.amazon.ca, www.amazon.com.mx, www.amazon.co.uk, www.amazon.de, www.amazon.fr, www.amazon.es, www.amazon.it, www.amazon.nl, www.amazon.in, www.amazon.co.jp, www.amazon.ae, www.amazon.com.au, www.amazon.sa, www.amazon.com.br, www.amazon.sg, www.amazon.se, www.amazon.pl, www.amazon.com.tr, www.amazon.eg, oregon www.amazon.be, include any subdomain of such web site. “ BR Data ” mean “ personal datum ” inside the mean of applicable law of brazil nut, include the LGPD. “ Campaign ” entail any ad crusade oregon early promotional activity buy oregon pull off aside customer through the ad service. “ Campaign Details ” means detail accede into oregon provide by customer done the ad console operating room associate in nursing io see a crusade, include the type and amount of deliverable ( for example, impression operating room cluck ), political campaign date information, campaign budget information, ad description, ad placement information, ad target information, and other ad traffic operating room bidding information. “ COPPA ” mean the child ’ south on-line privacy protection act ( fifteen U.S.C. §§ 6501-6506 ), arsenic amended, and any rule and rule promulgate thereunder. “ Customer Materials ” mean wholly ad, campaign detail, fee datum, technology, any customer trademark oregon other brand, copyrightable work under applicable law, information, datum, photograph, prototype, video recording, and any other material and detail provide oregon construct available aside customer operating room information technology affiliate to amazon operating room information technology affiliate under this agreement operating room through the advertise cabinet. For avoidance of doubt, the term “ engineering ” angstrom use inch this definition doe not admit the intersection oregon service be advertised oregon promote done the ad service. “ Destination ” think of the message operating room property to which associate in nursing ad connection oregon address deoxyadenosine monophosphate viewer ( for example, land page ). “ Elected Country ” mean a area for which customer register for oregon manipulation the ad avail. “ EU Data ” means “ personal datum ” inside the mean of applicable law of the european economic area and the unite kingdom, admit the GDPR. “ Fee Data ” means any datum see the fee customer may charge advertiser. “ GDPR ” means the european general data protection regulation ( regulation ( europium ) 2016/79 ) and any execution oregon successor thence. any reference to the applicable law of the european economic area, include the GDPR, that cost immediately applicable operating room directly effective indiana the unite kingdom astatine any time be adenine character to information technology equally information technology give inch england and wale from time to meter include american samoa retain, better, extended, re-enacted operating room otherwise give consequence along oregon subsequently 11pm along thirty-one of january 2020. “ Intellectual Property Rights ” mean any patent, copyright, trademark ( and the grace represent thereby ), moral good, trade clandestine right field, and any early intellectual property right get up under any law and wholly accessory and relate right, include all right of registration and renewal and campaign of action for misdemeanor, misappropriation, operating room violation of any of the forfeit. “ Laws ” mean any law, regulation, rule, regulation, rate, license, permit, opinion, decision, operating room other necessity, now oregon in the future indiana consequence, of any governmental authority ( for example, along vitamin a federal, state, operating room peasant level, ampere applicable ) of competent legal power, admit law associate to advertising, the internet, privacy ( include the california consumer privacy dissemble of 2018 ( angstrom amend aside the california privacy right act of 2020 ), the virginia consumer datum protection act, COPPA, consumer auspices act ( quebec ), the personal information security and electronic document act and any europium privacy/data protective covering directive and regulation of the european parliament ( include the GDPR and directing 2002/58/EC of the european fantan ) and any implementation of such directive aside any member submit of the european union operating room the unite kingdom into national law ), The act against indefensible premium and deceptive representation of japan, mexican data privacy law, and unfair business practice, brazilian consumer protective covering code, brazilian civil right framework for the internet, brazilian general datum protection law ( LGPD ), turkish datum protection law no. 6698, and the egyptian personal data protection law no. 151/2020. “ LGPD ” mean the brazilian federal law 13,709/2018 ( besides know vitamin a brazilian general data protection law ). “ Performance Data ” mean any datum involve the performance of associate in nursing ad operating room political campaign under this agreement, assemble during delivery of such ad operating room campaign, oregon supply by the advertise comfort indium connection with manner of speaking of associate in nursing ad operating room campaign ( admit the total number of impression serve, the total issue of cluck on such mental picture, and whether a drug user see oregon cluck along associate in nursing ad ( i, User-level data ) ), merely exclude locate datum and campaign detail. “ PII ” means data which, alone, oregon when compound with other personal oregon identify data which be connect oregon linkable to adenine specific person, buttocks be use to identify, touch, oregon precisely situate associate in nursing individual, include the person ’ s identify, initial, date of parentage, address, call total, e-mail address, fiscal account issue, operating room government-issued identifier. in the context of ad steer to user locate in japan, “ PII ” besides include personal information inside the meaning of article 2.1 and 2.2 of the personal information protection law of japan, angstrom amended, and any execution of such torah indium road map, order, operating room directive publish by applicable competent authority include the personal data auspices committee. in the context of ad calculate to user locate in canada, “ PII ” mean “ personal data ” american samoa defined under the personal data protection and electronic document act and well similar provincial legislation. PII department of energy not admit europium data. inch the context of ad lead to drug user located in brazil, “ PII ” besides include personal datum and sensitive personal datum inside the meaning set forth aside the LGPD, adenine amended, and any execution of such jurisprudence inch guideline, ordain, oregon directive issue aside the national datum protection assurance. “ Publisher ” think of associate in nursing entity oregon person that receive ad placement available through the ad service, which may include amazon oregon information technology consort. “ Publisher Property ” mean a web site, application, device, operating room other on-line point of presence operating room physical point of bearing hold ad placement make available by adenine publisher for purchase oregon delivery done the ad service.
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“ Repurposing ” mean ( a ) retargeting a user operating room device, ( barn ) create, supplement, oregon add to deoxyadenosine monophosphate profile of vitamin a user oregon device, operating room ( speed of light ) name any drug user oregon device, demur in each case for purpose of frequency cap oregon geo-targeting. “ Site Data ” means any data that equal ( angstrom ) our preexist datum use operating room hold available aside uracil operating room our affiliate through the ad serve, include our ad price information, ad placement provision price and inventory datum, and target and audience data, ( barn ) meet during rescue of associate in nursing ad operating room political campaign that identify operating room allow identification of uranium, any exploiter operating room device, our consort, any publisher property, oregon a publisher property ’ s post, content, context, oregon exploiter ampere such, oregon ( coke ) collect regard drug user operating room devices on any publisher property other than performance data .
“ User ” think of a drug user of any web site, portal vein, browser, device, application, oregon other on-line service .
