Read more to understand our fees, placement guidelines, obligations, and more.
Fees & Payment: Our fee is determined based on margin of ad spend or by CPM. There is no refund or reduction in our fees for canceled Advertisements or if you cancel or choose not to place your entire ad budget. Payment is due net 30 from when invoice is sent. We may cancel scheduled advertising if prior invoices are past their due date. Kinetic Sequence’s fees are not refundable even if the advertising to which our fees apply are canceled.
Placement Guidelines: Kinetic Sequence will use commercially reasonable efforts to comply with the following guidelines in selecting media and placing Advertisements. Advertisements will not be placed adjacent to content that promise pornography, excessive violence, or obscene language. For Advertisements that do not meet these guidelines, or that do not match the expected placement specifications, Client’s sole remedy is to cancel the Advertisements with the applicable publisher and receive a refund of unused media buy (subject to publisher’s termination fees and applicable short rates).
Assumptions and Client Obligations: In addition to the Client Obligations in Section 2(b) of the MSA, Kinetic Sequence’s obligations under the MSA are subject to Client’s performance or satisfaction of the following: (i) you providing all artwork, copy, content, or active URLs for advertisements to be place by us (collectively, the “Advertisements”) at the time and in the format necessary for us to perform our services; (ii) your approval of the ad spend no later than one week prior to the start date (iii) final Advertisements will be provided at least 1 week prior to any insertion; (iv) your data handling practices comply with all applicable laws; (v) you will not provide us with any information that would cause us to be treated as a “data processor” or “data controller” under applicable law; and (vi) the information provided by you is accurate and complete.
Cancellations: Client may request that we cancel orders for advertising at any time by providing us with written notice of the requested cancelation. We will use commercially reasonable efforts to instruct the publisher to cancel the applicable Advertisements and obtain a refund of unused ad spend (subject to the publisher’s termination fees and applicable short rates). Canceling advertising does not terminate this agreement. Kinetic Sequence may, in its discretion, cancel Advertisements that are underperforming or that Kinetic Sequence determines are not in the best interest of Client.
Grant of Agency: Client hereby appoints Kinetic Sequence as Client’s agent to search for, negotiate the terms of, schedule, purchase, and enter into agreements with publishers for the placement of Advertisements on behalf of Client as contemplated by the MSA and this IO. Kinetic Sequence may disclose that it is acting on behalf of Client in completing its services under the MSA and IO.
Sequential Liability: Client acknowledges that (a) Kinetic Sequence will act as a disclosed agent of Client in placing advertising with publishers; (b) Kinetic Sequence is only liable for fees due to publishers upon receipt of payment for such Advertisements from the Client; and (c) Client shall be liable to publisher if Client fails to pay Kinetic Sequence. Client agrees that publishers contracted by Kinetic Sequence on behalf of Client are express third-party beneficiaries of this agreement and may pursue Client directly for amounts due for Advertisements placed with publisher.
Placement: Client acknowledges that publishers have final discretion in whether, when, and how to run Advertisements. Kinetic Sequence does not guarantee that selected publishers will run your Advertisements or that Advertisements will be run at any particular time, place, or manner. Kinetic Sequence is not responsible for any publisher downtime or errors.