InMobi Google Open Bidding Terms

Effective from: October 13, 2023 (Effective Date)

This Contract shall be governed by the InMobi Terms of Service ("Terms") (available at: https://www.inmobi.com/terms-of-service), subject to the extent modified hereunder. In case of a conflict, this Contract shall prevail over the Terms.

1. This Contract shall commence on the earlier date on which You start providing Inventory or participate in the Marketing Platform (as such terms are defined hereunder) pursuant to the Effective Date or when You Accept this Contract upon Your registration with InMobi and shall remain in full force and effect unless and until terminated by either Party in accordance with the terms of the Contract.

2. Parties agree that this is Contract to enable InMobi to place programmatic Ads on Your Site through Google's Exchange Bidding Platform. To this extent each of Media Company and InMobi have, in their respective capacities, entered into separate contractual relationships with Google Asia Pacific Ltd. or its affiliates ("Google") and independently integrated to Google’s Exchange Bidding Platform. Parties agree and acknowledge that payments to Media Company for placement of Ads as per this Contract shall be made by Google and be governed by applicable contractual relationship between the Media Company and Google based on the data obtained from Google’s reporting tool, to the exclusion of any payment obligations provided under the Terms or this Contract. For clarity, Parties acknowledge that any data reflected on InMobi’s dashboard/reporting tool is indicative in nature and shall be used strictly for reference purpose only. InMobi explicitly discourages reliance on the same for calculation of any payments to be made to Media Company by Google for campaigns run under this Contract. Notwithstanding the above, InMobi will have the right to charge the Publisher any fees charged to InMobi, by the Publisher’s mediation platform (if any), required to gain access to inventory, which shall be paid by the Publisher within thirty (30) days from the receipt of the invoice.

3. InMobi shall deliver the advertisements in response to requests from Media Company’s servers through InMobi’s software development kit ("SDK"), servers, via the SDK, JS or API integration, in accordance with the technical implementation specifications as made available to Media Company from time to time including through InMobi’s website/portal, however, that InMobi shall have the right, in its sole discretion, to refrain from delivering any advertisement requested to be delivered.

4. Media Company shall be responsible for ensuring that access and use of the Media Company Properties by the end users are subject to and governed by a privacy policy appropriately displayed and communicated to the end users by Media Company in accordance with industry standard practices. Media Company represents and warrants that its privacy policy is in compliance with all applicable data protection and privacy legislations and that it also provides the end users with information about third party service providers and use of cookies/web beacons, for the purposes of serving advertisements.

5. To the maximum extent permitted by applicable law, InMobi excludes and disclaims all conditions, terms, guarantees, endorsements, representations (other than fraudulent misrepresentations) and warranties including the implied warranties.

6. InMobi operates its own marketplace ("InMobi Exchange") in order to facilitate transactions between advertisers and publishers. Media Company agrees to participate in InMobi Exchange and accepts that its identity as a source of advertising traffic to InMobi Exchange along with inventory details shall be made available to advertisers operating through the InMobi Exchange.