Common use of Positioning Clause in Contracts

Positioning. (1) Unless otherwise agreed, advertising orders are intended for im- mediate publication. Where a right is agreed to order the placement of several advertisements, they must be processed within one year after the first advertisement is placed. (2) The Provider will position the online advertising material that the Client intends to publish and has delivered for the contractually ag- xxxx period of time and/or until the contractually agreed number of ad impressions (deliveries of an advertisement) or ad clicks (clicks on published advertisements) is reached on the contractually ag- xxxx website. If technically feasible, the service provider will count the AdImpressions and/or AdClicks during the campaign and report the results to the customer in a format determined by the service provider. If, however, the counting cannot be carried out by the ser- vice provider for technical reasons – e.g., when the advertising me- dium is permanently made available by the customer (foreign HTML tag) – the counting will be effected by the customer who will then present the results to the service provider in the format determined by the service provider. This shall also apply to such cases where the counting by the service provider would not be sufficient or it has been agreed upon that the counting shall be effected by the cus- tomer. However, in cases where the service provider as well as the customer can both provide technically verifiable counting results and both results do not deviate haphazardly, the mean value of both will be taken as reference. If the contractually agreed number of ad impressions or ad clicks is reached before the end of the agreed term of the agreement, the parties will agree an increase in the agreed remuneration or on ear- ly termination. Subject to an individual arrangement to the contra- ry, the Client will have no right to demand that online advertising be placed at a certain position on the respective website or that a cer- tain amount of access time on the website be provided. As a rule, advertisements will be positioned in areas that the Provider has set aside for advertising. It will be possible to move an online advertise- ment within the agreed area, provided that the rearrangement does not have a significant effect on the effectiveness of the online ad- vertising.

Positioning. (1) Unless otherwise agreed, advertising orders are intended for im- mediate publication. Where a right is agreed to order the placement of several advertisements, they must be processed within one year after the first advertisement is placed. (2) The Provider will position the online advertising material that the Client intends to publish and has delivered for the contractually ag- xxxx agreed period of time and/or until the contractually agreed number num- ber of ad impressions (deliveries of an advertisement) or ad clicks (clicks on published advertisements) is reached on the contractually ag- xxxx contractu- ally agreed website. If technically feasible, the service provider will count the AdImpressions and/or AdClicks during the campaign and report the results to the customer in a format determined by the service provider. If, however, the counting cannot be carried out by the ser- vice service provider for technical reasons – e.g., when the advertising me- dium ad- vertising medium is permanently made available by the customer (foreign HTML tag) – the counting will be effected by the customer custo- mer who will then present the results to the service provider in the format determined by the service provider. This shall also apply to such cases where the counting by the service provider would not be sufficient or it has been agreed upon that the counting shall be effected by the cus- tomercustomer. However, in cases where the service provider pro- vider as well as the customer can both provide technically verifiable counting results and both results do not deviate haphazardly, the mean value of both will be taken as reference. If the contractually agreed number of ad impressions or ad clicks is reached before the end of the agreed term of the agreement, the parties will agree an increase in the agreed remuneration or on ear- ly termination. Subject to an individual arrangement to the contra- rycontrary, the Client will have no right to demand that online advertising be placed at a certain position on the respective website or that a cer- tain amount of access time on the website be provided. As a rule, advertisements will be positioned in areas that the Provider has set aside for advertising. It will be possible to move an online advertise- ment adver- tisement within the agreed area, provided that the rearrangement does not have a significant effect on the effectiveness of the online ad- vertisingadvertising.

Positioning. (1) Unless otherwise agreed, advertising orders are intended in- tended for im- mediate immediate publication. Where a right is agreed to order the placement of several advertisements, they must be processed within one year after the first advertisement is placed. (2) The Provider will position the online advertising material that the Client intends to publish and has delivered for the contractually ag- xxxx agreed period of time and/or until the contractually agreed number of ad impressions (deliveries deliv- eries of an advertisement) or ad clicks (clicks on published advertisements) is reached on the contractually ag- xxxx agreed website. If technically feasible, the service provider will count the AdImpressions and/or AdClicks during the campaign and report the results to the customer in a format determined by the service provider. If, however, the counting cannot be carried out by the ser- vice service provider for technical reasons – e.g., when the advertising me- dium medium is permanently made available by the customer (foreign HTML tag) – the counting will be effected by the customer who will then present the results to the service provider in the format determined by the service provider. This shall also apply to such cases where the counting by the service provider pro- vider would not be sufficient or it has been agreed upon that the counting shall be effected by the cus- tomercustomer. However, in cases where the service provider pro- vider as well as the customer can both provide technically verifiable counting count- ing results and both results do not deviate haphazardly, the mean value of both will be taken as reference. If the contractually agreed number of ad impressions or ad clicks is reached before the end of the agreed term of the agreement, the parties will agree an increase in the agreed remuneration or on ear- ly early termination. Subject to an individual arrangement to the contra- rycontrary, the Client will have no right to demand that online advertising be placed at a certain position on the respective re- spective website or that a cer- tain certain amount of access time on the website be provided. As a rule, advertisements will be positioned in areas that the Provider Pro- vider has set aside for advertising. It will be possible to move an online advertise- ment ad- vertisement within the agreed area, provided that the rearrangement does not have a significant effect on the effectiveness of the online ad- vertisingadvertising.