Publisher. Publisher warrants and represents that:
15.1.1 It has the full power to enter into this Agreement;
15.1.2 It has obtained and will maintain all necessary rights and permissions for its and Microsoft’s use of the Software Title, FPUs, Marketing Materials, Online Content, all information, data, logos, and software or other materials provided to Microsoft and/or made available to Xbox Live Users via Xbox Live (excluding those portions that consist of the Licensed Trademarks, Security Technology and redistributable components of the so-called “XDK” in the form as delivered to Publisher by Microsoft pursuant to an XDK License) (collectively, the “Publisher Content”), and that all Publisher Content complies with all laws and regulations, and does not and will not infringe upon or misappropriate any third party trade secrets, copyrights, trademarks, patents, publicity, privacy or other proprietary rights.
15.1.3 It shall comply with all laws, regulations, industry content rating requirements and administrative orders and requirements within any applicable Sales Territory relating to the distribution, sale and marketing of the Software Title, and shall keep in force all necessary licenses, permits, registrations, approvals and/or exemptions throughout the term of this Agreement and for so long as it is distributing, selling or marketing the Software Title in any applicable Sales Territory.
15.1.4 The Software Title, Online Content and/or information, data, logos and software or other materials provided to Microsoft and /or made available to Xbox Live Users via Xbox Live, do not and shall not contain any messages, data, images or programs that are, by law, defamatory, obscene or pornographic, or in any way violate any applicable laws or industry content rating requirements (including without limitation laws of privacy) of the applicable Sales Territory(ies) where the Software Title is marketed and/or distributed.
15.1.5 The Online Content shall not harvest or otherwise collect information about Xbox Live Users, including e-mail addresses, without the Xbox Live Users’ express consent; and the Online Content shall not link to any unsolicited communication sent to any third party.
Publisher. Advertiser acknowledges and agrees that Publisher has no obligation to maintain the confidentiality of any information that it collects or receives from or on behalf of Advertiser for the purposes of the Advertising or Services. Advertiser agrees that it will not provide information to Publisher for the purpose of Publisher’s use in fulfilling the Services or providing Advertising that is subject to a non-disclosure or similar confidentiality obligation that restricts Advertiser’s right to disclose such information without a separate agreement to that effect.
Publisher. By (sign) By (sign)
Publisher. Publisher hereby agrees to indemnify, defend and hold harmless Red Mile and its officers, directors, shareholders, employees, agents and affiliates, against any and all suits, losses, liabilities, damages, awards, claims, settlements, costs and expenses, including reasonable attorneys’ fees, arising out of or otherwise relating to a claim, lawsuit, or other proceeding by a third party, whether actual or alleged, based upon: (i) any material breach by Publisher of the Agreement; (ii) any material breach by Publisher of the warranties, representations and covenants contained in the Agreement; or (iii) any trademark, copyright, or patent infringement claim, action, or proceeding relating to Publisher’s Materials.
Publisher. Notwithstanding anything in the Publisher’s standard contract documents or terms and conditions to the contrary, any right or obligation of the Publisher to defend any Governmental Entity or its employees, officers, board members, agents, representatives, officials, or other like individuals shall be modified/amended solely to include an obligation to indemnify and hold harmless the Governmental Entity and its employees, officers, board members, agents, representatives, officials, or other like individuals. For the avoidance of doubt, the Publisher shall have no right to defend any Governmental Entity or its employees, officers, board members, agents, representatives, officials, or other like individuals or be deemed to have been granted settlement authority as it relates to any claims made against any Governmental Entity or its employees, officers, board members, agents, representatives, officials, or other like individuals.
Publisher. Publisher represents and warrants that to the best of Publisher’s knowledge, any software made available to CALICO does not infringe the Intellectual Property Rights of a third party; and Publisher will not permit any third party (other than its service providers and contractors) to access CALICO content for the purpose of publishing any other publication. Publisher represents and warrants that it has the right and authority to enter this Agreement.
Publisher. 8.1. Contract with the Publisher 8.1.1. Publishing and printing of the CMJ is regulated by a separate contract with the Publisher (the Publishing Contract).
8.2. Choice of the Publisher 8.2.
1. The Editorial Board proposes the Publisher to the Joint Management Board, according to the legal regulations.
Publisher. 8.1.1. During the term of Agreement and provided the Customer is not in breach of these Terms and Conditions, the Provider will pay Publisher Earnings resulting from the total sale over his Ad Inventory.
8.1.2. Publisher Earning from the Ströer SSP system shall be paid in the currency Euro (EUR) and the Publisher Earning from the iBILLBOARD SSP system shall be paid in the currency Czech crown (CZK).
8.1.3. The Publisher defines his own required Floor Price at which he is willing to provide his Ad Inventory for sale. The required Floor Price is defined by the Publisher in the SSP system. This price will be increased by the Provider´s margin.
8.1.4. The Publisher is entitled to remuneration only from valid impressions and/or clicks.
8.1.5. The Publisher Earning shall be paid in accordance with the invoice, issued by the Publisher, based on the exact data from the SSP system. The Invoice shall be paid by the Provider within sixty (60) days. The Publisher shall issue invoice for any not yet invoiced remuneration for a given calendar month to the last day of such calendar month and, if not agreed otherwise, send it to xxxxxxxx@xx.xxxxxxx-xxxx.xxx
Publisher. 8.1.1. During the term of these terms and conditions and provided the Customer is not in breach of these terms and conditions, the Provider will pay the Publisher a remuneration resulting from the total sale over his Ad Inventory.
8.1.2. The Publisher defines his own Required eCPM price at which he is willing to provide his Ad Inventory for sale. The Required eCPM price is defined by the Publisher in the iBB system. This price will be increased by the Provider´s margin.
8.1.3. The Publisher has the option to set the discounts for Advertisers. The cost associated with these discounts will be borne by the Publisher.
8.1.4. The Publisher is entitled to remuneration only from valid impressions and/or clicks.
8.1.5. The Publisher´s remuneration shall be paid in accordance with the invoice, issued by the Publisher, based on the exact data from the iBB system. The Invoice shall be paid by the Provider within sixty (60) days. The Publisher shall issue invoice for any not yet invoiced remuneration for a given calendar month to the last day of such calendar month and, if not agreed otherwise, send it to xxxxxxxx@xxxxxxxxxx.xxx
8.1.6. The Publisher shall be obliged to issue invoice for any not yet invoiced remuneration, at any amount, no later than tenth (10.) day of calendar month, following after the finished calendar month, from which claim to remuneration is originated.
8.1.7. For each case of Publisher´s failure to comply with the paragraph 8.1.6. of this GTC, the Provider is entitled to lower the Publisher´s remuneration by the amount of 35 EUR, or to the full amount of Publisher´s remuneration, if lower than 35 EUR.
8.1.8. If Advertiser objects to the status or results of his campaigns in the iBB system, and his objections are found legitimate, the Publisher´s remuneration can be lowered for the objected financial claims in the iBB system over the Publisher´s Ad Inventory. In case such objection was related to the already paid remunerations, Provider reserves right to lower the next monthly Provider´s remuneration, in the objected amount.
8.1.9. The Publisher qualifies for remuneration provided that the Provider had received a signed “Contract on Providing Services for Advertisement Management for Publisher”. The entitlement for remuneration arises on the first day of calendar month, in which the Contract was signed by the Provider.
8.1.10. Remuneration of the Publisher for a given calendar month, used in iBB system is the net amount. To this amount the VAT ta...
Publisher. 8.2.1.1 If the Consortium defaults in paying the Fee within the time period specified on the invoice;
8.2.1.2 If the Consortium commits a material and persistent breach of the Publisher’s copyright or other intellectual property rights or of the provisions or the USAGE RIGHTS clause in respect of usage rights or of the PROHIBITED USES clause in respect of prohibited uses;
8.2.1.3 If a Member commits a material and persistent breach of the Publisher’s copyright or other intellectual property rights or of the provisions of the USAGE RIGHTS clause in respect of usage rights or of the PROHIBITED USES clause in respect of prohibited uses Publisher shall have the right to terminate the License with respect to that Member.
