Google
Inc. Advertising Program Terms
These
Google Inc. Advertising Program Terms (“ Terms
”) are entered into by, as applicable, the customer signing
these Terms or any document that references these Terms or that
accepts these Terms electronically (“ Customer
”) and Google Inc. (“ Google ”). These
Terms govern Customer’s participation in Google’s
advertising program(s) (“ Program ”) and, as
applicable, any insertion orders or service agreements (“
IO ”) executed by and between the parties and/or
Customer’s online management of any advertising campaigns.
These Terms and any applicable IO are collectively referred to as
the “ Agreement .” Google and Customer hereby
agree and acknowledge:
1
Policies. Program
use is subject to all applicable Google and Partner policies,
including without limitation the Editorial Guidelines
(adwords.google.com/select/guidelines.html ), Google Privacy
Policy (www.google.com/privacy.html ) and Trademark
Guidelines (www.google.com/permissions/guidelines.html ),
and Google and Partner ad specification requirements (collectively,
“ Policies ”). Policies may be modified at any
time. Customer shall direct only to Google communications regarding
Customer ads on Partner Properties. Some Program features are
identified as “ Beta, ” “ Ad
Experiment, ” or otherwise unsupported (“ Beta
Features ”). To the fullest extent permitted by law, Beta
Features are provided “ as is ” and at
Customer’s option and risk. Customer shall not disclose to
any third party any information from Beta Features, existence of
non-public Beta Features or access to Beta Features. Google may
modify ads to comply with any Policies.
2 The
Program .
Customer is solely responsible for all: (a) ad targeting
options and keywords (collectively “ Targets ”)
and all ad content, ad information, and ad URLs (“
Creative ”), whether generated by or for Customer; and
(b) web sites, services and landing pages which Creative links
or directs viewers to, and advertised services and products
(collectively “ Services ”). Customer shall
protect any Customer passwords and takes full responsibility for
Customer’s own, and third party, use of any Customer
accounts. Customer understands and agrees that ads may be placed on
(y) any content or property provided by Google (“
Google Property ”), and, unless Customer opts out of
such placement in the manner specified by Google, (z) any
other content or property provided by a third party (“
Partner ”) upon which Google places ads (“
Partner Property ”). Customer authorizes and consents
to all such placements. With respect to AdWords online
auction-based advertising, Google may send Customer an email
notifying Customer it has 72 hours (“ Modification
Period ”) to modify keywords and settings as posted. The
account (as modified by Customer, or if not modified, as initially
posted) is deemed approved by Customer in all respects after the
Modification Period. Customer agrees that all placements of
Customer’s ads shall conclusively be deemed to have been
approved by Customer unless Customer produces contemporaneous
documentary evidence showing that Customer disapproved such
placements in the manner specified by Google. With respect to all
other advertising, Customer must provide Google with all relevant
Creative by the due date set forth in that Program’s
applicable frequently asked questions at www.google.com
(“FAQ”) or as otherwise communicated by Google.
Customer grants Google permission to utilize an automated software
program to retrieve and analyze websites associated with the
Services for ad quality and serving purposes, unless Customer
specifically opts out of the evaluation in a manner specified by
Google. Google may modify any of its Programs at any time without
liability. Google also may modify these Terms at any time without
liability, and Customer’s use of the Program after notice
that these Terms have changed constitutes Customer’s
acceptance of the new Terms. Google or Partners may reject or
remove any ad or Target for any or no reason.
3
Cancellation .
Customer may cancel advertising online through Customer’s
account if online cancellation functionality is available, or, if
not available, with prior written notice to Google, including
without limitation electronic mail. AdWords online auction-based
advertising cancelled online will cease serving shortly after
cancellation. The cancellation of all other advertising may be
subject to Program policies or Google’s ability to
re-schedule reserved inventory or cancel ads
already
in production. Cancelled ads may be published despite cancellation
if cancellation of those ads occurs after any applicable commitment
date as set forth in advance by the Partner or Google, in which
case Customer must pay for those ads. Google may cancel immediately
any IO, any of its Programs, or these Terms at any time with
notice, in which case Customer will be responsible for any ads
already run. Sections 1, 2, 3, 5, 6, 7, 8, and 9 will survive
any expiration or termination of this Agreement.
4
Prohibited Uses; License Grant; Representations and
Warranties. Customer
shall not, and shall not authorize any party to: (a) generate
automated, fraudulent or otherwise invalid impressions, inquiries,
conversions, clicks or other actions; (b) use any automated
means or form of scraping or data extraction to access, query or
otherwise collect Google advertising related information from any
Program website or property except as expressly permitted by
Google; or (c) advertise anything illegal or engage in any
illegal or fraudulent business practice. Customer represents and
warrants that it hol
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