Common use of Advertiser Warranties Clause in Contracts

Advertiser Warranties. a) ADVERTISER represents and warrants that: (i) it holds all necessary rights to permit the use of all Creative provided to COMPANY under this ASA; (ii) that the use, reproduction, distribution, transmission or display of any Creative and any materials to which users can link, or any products or services made available to users through the Creative will not (1) violate any local, state, national, or international law, rule, regulation, or FTC guideline (including, but not limited to, the CAN-SPAM Act of 2003 and the Telemarketing Sales Rule of the FTC), give rise to criminal or civil liability, infringe any copyright, patent, trademark or service xxxx, trade secret rights or any other personal, moral, contract, property or privacy right of any third party (collectively "Unlawful Conduct"); (2) contain or promote viruses, worms, Trojan Horse, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or warez content or conduct (collectively "Offensive Conduct"); or (3) encourage conduct that would constitute Unlawful Conduct or Offensive Conduct; (iii) it has a reasonable basis for all claims made within the Creative, possesses appropriate documentation to substantiate such claims and shall fulfill all commitments made in its Campaigns; (iv) the landing page for each Campaign (i.e., the ADVERTISER's website page where a consumer is directed when the consumer clicks on the Creative, fills in a registration form or takes a similar action) contains a prominent link to ADVERTISER's privacy policy, which policy provides, at a minimum, adequate notice, disclosure and choices to consumers regarding ADVERTISER's use, collection, disclosure and security of their personal information; (v) all consumer data and payment information collected pursuant to this ASA shall only be used for legal purposes; (vi) no Campaign is targeted to children under the age of thirteen (13) and/or offers products or services that are illegal for minors to buy, possess or participate in; and

Advertiser Warranties. a) ADVERTISER The Advertiser represents and warrants to Advant Technology and any relevant Publisher(s) that: (i) it holds all necessary rights rights, licenses and clearances to permit the use of all Creative Adverts provided to COMPANY Advant Technology under this ASAAgreement; (ii) that the use, reproduction, distribution, transmission or display of any Creative Advert and any materials to which users Users can link, or any products or services made available to users Users through the Creative Advert will not not: (1a) violate any local, state, national, or international applicable law, rule, regulationcode, standard or FTC guideline regulation (including, including but not limited to, the CAN-SPAM Act of 2003 to any Privacy Law and the Telemarketing Sales Rule of the FTCConsumer Protection from Unfair Trading Regulations 2008), give rise to criminal breach the Advertising Regulation and Standards or civil liability, infringe any copyright, patent, trademark or service xxxxmark, trade secret rights rights, copy any get up or trading style or breach any other personal, moral, contractcontractual, property or privacy right of any third party (collectively "“Unlawful Conduct"”); (2b) contain or promote viruses, worms, Trojan Horsespyware, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or warez otherwise inappropriate content or conduct (collectively "“Offensive Conduct"”); or (3c) encourage or tolerate third party conduct that would constitute Unlawful Conduct or Offensive Conduct; (iii) it has a reasonable basis for all claims made within the Creative, possesses appropriate documentation to substantiate such claims and shall fulfill all commitments made in its Campaigns; (iv) the landing page for each Campaign Advert (i.e., the ADVERTISER's Advertiser’s website page where a consumer is directed when the consumer clicks on the Creative, fills in a registration form or takes a similar actiondirected) contains a prominent link to ADVERTISER's the Advertiser’s privacy policy, which policy provides, at a minimum, adequate notice, disclosure and choices to consumers Users regarding ADVERTISER's the Advertiser’s collection, use, collection, disclosure and security of their personal informationinformation and which provides Users with options for Cookie management, and including, without limitation a link to the specified industry opt-out pages at xxxx://xxxxxxxxxxxxxxx.xxx and/or xxx.xxxxxxxxxxxxxxxxx.xxx; (iv, as updated from time to time; (iv) Advertiser’s privacy policy is in compliance with all Applicable Laws, regulations orders, decrees and any other legal or regulatory mandate; (v) all consumer personal data and payment information (as defined under the Data Protection Directive 94/46/EC collected pursuant to this ASA the Campaign shall only be used for legal purposescollected and in compliance with Applicable Laws; (vi) no Campaign is targeted to children under the age of thirteen (13) and/or offers products or services that are illegal for minors to buy, possess or participate in; andand (viI) prior to loading or storing any computer program or information onto a User's computer or equipment, including without limitation programmes commonly referred to as adware, spyware and/or cookies, or accessing such computer programs or information, the Advertiser shall provide prior notice to and shall obtain the express and valid prior consent of the relevant User in respect of the same.

Advertiser Warranties. (a) ADVERTISER Advertiser represents and warrants that: (i) it holds all necessary rights to permit the use of all Creative provided to COMPANY under this ASA; (ii) that the use, reproduction, distribution, transmission or display of any Creative and any materials to which users can link, or any products or services made available to users through the Creative will not (1A) violate any local, state, national, or international law, rule, regulation, or FTC guideline law (including, including but not limited to, to the CAN-CAN- SPAM Act of 2003 and the Telemarketing Sales Rule of the FTC2003), give rise to criminal or civil liability, liability or infringe any copyright, patent, trademark or service xxxx, trade secret rights or any other personal, moral, contract, property or privacy right of any third party (collectively "Unlawful Conduct"); (2B) contain or promote viruses, worms, Trojan Horse, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or warez content or conduct (collectively "Offensive Conduct"); or (3C) encourage conduct that would constitute Unlawful Conduct or Offensive Conduct; (iii) it has a reasonable basis for all claims made within the Creative, possesses appropriate documentation to substantiate such claims and shall fulfill all commitments made in its Campaigns; (iv) the landing page for each Campaign (i.e., the ADVERTISERAdvertiser's website page where a consumer is directed when the consumer clicks on the Creative, fills in a registration form or takes a similar action) contains a prominent link to ADVERTISERAdvertiser's privacy policy, which policy provides, at a minimum, adequate notice, disclosure and choices to consumers regarding ADVERTISERAdvertiser's use, collection, disclosure and security of their personal information; (v) all consumer data and payment information collected pursuant to this ASA shall only be used for legal purposes; (vi) no Campaign is targeted to children under the age of thirteen (13) and/or offers products or services that are illegal for minors to buy, possess or participate in; and;