Mobile Placements Terms
1. Mobile placements. If the IO includes mobile placements the following terms may apply to such placements:
a. Device Identifiers. In connection with the IO Advertiser or its designated vendor (“Vendor”) may receive Device Identifiers related to Advertisements served on behalf of Advertiser (“ID Sharing”). For the purposes of this IO “Device Identifiers” means Apple IDFAs and Android Advertising IDs. Advertiser shall not, and shall procure that Vendor shall not, share Device Identifiers received directly or indirectly from Media Company with any third party. Advertiser and Media Company will not share permanent (i.e. non-resettable) device IDs with each other and to the extent a party becomes aware that it (or in the case of Advertiser, that Vendor) has provided such device IDs to the other party, it shall notify the other party as soon as commercially reasonable.
b. Conversion Tracking. Advertiser warrants and represents that it and Vendor shall: (i) not collect, use, transmit, combine, merge, join, synch, combine, link, or analyze any personally identifiable information with, or otherwise attempt to re-identify, any Device Identifiers received directly or indirectly from Media Company; (ii) only use Device Identifiers it or Vendor receives directly or indirectly from Media Company solely for purposes of calculating conversions pursuant to this IO and frequency capping Ads; and (iii) only use the data received pursuant to this IO on behalf of Advertiser, and no other client of Vendor. For any Device Identifiers provided by Media Company, Advertiser agrees to provide quality rating information to Media Company for such Device Identifiers for purposes of allowing Media Company to optimize campaign performance for Advertiser. Vendor shall not be considered a third party hereunder and Advertiser shall ensure that Vendor complies with the restrictions on Vendor set forth herein. Advertiser agrees to defend, indemnify, and hold harmless Media Company and each of its affiliates and representatives from losses resulting from any claims brought by a third party relating to the ID Sharing or a breach of any obligation, warranty or undertaking provided by Advertiser in section 1(a) above and this section 1(b).
c. Variable Pricing. Advertiser understands and agrees that where there is a variable pricing line item for mobile placements (which may be indicated by “bid” or similar wording) Media Company may fulfill the IO through inventory on Media Company's standard advertising network, as well as, at its sole reasonable discretion, through auction-based exchanges. Advertiser further acknowledges that auction-based purchasing is dependent upon bid and ask amounts which may be set by Media Company in its sole reasonable discretion (subject to a maximum equal to the rate set forth on the IO, if the rate set forth on the IO is greater than zero, and subject to deductions for fees payable to the third-party auction service provider, if any), and is therefore not guaranteed. Notwithstanding the foregoing, Media Company shall endeavour to meet Advertiser back-end metrics as provided by Agency from time to time, although Advertiser understands that such back-end metrics, including without limitation the number of units delivered (subject to a minimum equal to the number of units set forth on the IO, if the number of units set forth on the IO is greater than zero and if the entire campaign amount is spent), are not guaranteed.