Publisher Obligations. (a) Publisher acknowledges that the breadth of eBook offerings on the Online Store is of the essence of the Agreement and the successful appointment. Publisher shall endeavor to make all Publisher Content (including revisions, re-printings, updates etc.) available to Apple under its appointment, and, subject to the terms of this appointment, in no event less than the Publisher Content it provides to any other electronic distributor, agent, commissionaire, or other representative of Publisher’s content in digital form.
(b) Publisher shall not discriminate against Apple with respect to the permitted usage rules, functionality, and quality of any Publisher Content, as compared to the terms under which such Publisher Content is supplied to any other electronic distributor, agent, commissionaire, or other representative of Publisher’s content in digital form.
(c) Except for a limited-time, one-off promotion for a particular item of Publisher Content, or in the event of a specific objection by an author as to a specific New Release, Publisher shall provide and make available New Releases to Apple under its appointment on the same day and date as Publisher makes any New Release otherwise available to end-users in any format, including physical copies.
(d) Publisher shall deliver Content Files to Apple, at Publisher's expense, in the delivery format and using the delivery method reasonably specified by Apple on iTunes Connect, e.g., ePub format. Publisher Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California State Board of Equalization Regulation 1502.
(e) Publisher shall not include any digital watermark or similar technologies in the Content File without Apple’s approval, which approval shall not be unreasonably withheld.
(f) Publisher shall deliver an Enhanced eBook only if it delivers the standard version, if any, of such Enhanced eBook prior to or at the same time as the delivery of such Enhanced eBook provided that Publisher has digital distribution rights for the standard edition.
(g) Publisher shall promptly notify Apple in writing of any potential copyright infringements with respect to Publisher’s eBooks of which Publisher becomes aware, including any Clearance Issues as defined under Section 6 below.
Publisher Obligations. 5.1 Each Publisher Authorized User and Publisher Administrator shall be subject to the terms of the Acceptable Use Policy. The Publisher shall take all necessary steps to ensure that each Publisher Authorized User and Publisher Administrator complies with the terms of the Acceptable Use Policy.
5.2 The Publisher shall, in accordance with the terms of this Agreement, supply the Publisher Data to ESF once in every Calendar Year, and at the latest on 31 October of that Calendar Year, unless ESF has notified the Publisher of a change in period.
5.3 If the Publisher acquires any new journals within any Calendar Year, the Publisher Data in respect of those new journals shall be notified to ESF in accordance with clause 5.4.2 below.
5.4 The Publisher shall:
5.4.1 take all reasonable steps to ensure that:
a) the Publisher Data is materially accurate and complete as at the date of the supply of the Publisher Data to ESF;
b) any changes which will materially affect the accuracy of the Publisher Data and which become known to the Publisher or its Personnel are communicated to ESF within two weeks of the Publisher becoming aware of the same;
5.4.2 provide the Publisher Data relating to any journals it has acquired and the date on which it acquired that journal, when reasonably practicable. For example, this might be when the acquisition is public and the journal is officially included in the publishing program; and
5.4.3 not attempt to access (directly or indirectly through any intermediaries) any part of the Journal Comparison Service made for use by End Users only (the “Restricted Areas”). In the event that the Publisher or its Publisher Authorised User becomes aware that it is able to access the Restricted Areas, the Publisher shall promptly notify ESF of the same.
5.4.4 represent and warrant that the Publisher Data does not violate any applicable laws, regulations or third party rights.
Publisher Obligations. Publisher shall arrange for and handle the publication and distribution of the Game as set forth in the Agreement and including:
a. Establishing, operating and maintaining the support system, including game servers, necessary for users to play the Game;
b. Monitoring and maintaining Game operation;
c. Providing customer support and service;
d. Performing Game localization, including translation of the Game;
e. Obtaining consent for user agreements including the Game privacy policy;
f. Obtaining and maintaining any and all administrative reviews, authorizations, and permits;
g. Promoting, marketing, advertising, and conducting Game promotional events;
h. Developing and operating anti-hack and anti-cheat tools to maintain user playability of the Game, including servicing of any such anti-hack or anti-cheat tools;
i. Providing live and online technical support related to Game operation, in cooperation with Developer;
j. Assisting Developer in Bug detection; and
k. Information sharing regarding player base and spend, as available on each Game.
Publisher Obligations. 5.1 The Publisher agrees to provide the Publisher Services, as specified within the Term Sheet, in consideration of the payment of the Fee and Client’s compliance with the terms of the Agreement.
5.2 The Publisher shall use its reasonable endeavours to provide the Publisher Services within reasonable timeframes.
5.3 Delivery of the Publisher Services shall be completed on Publisher’s publication of the Journal or Supplement, as applicable, within which the Sponsored Project is published.
5.4 The Publisher shall retain editorial control over any and all materials or deliverables produced by the Publisher through the course of performing, or arising out of, the Publisher Services.
5.5 Publication of the Sponsored Project is at the sole and absolute discretion of the Publisher, and any failure by the Publisher to publish, or non-publication of, the Sponsored Project, for any reason whatsoever, shall not be a breach by it of this Agreement. If applicable, the Publisher shall notify the Client in writing as soon as reasonably practicable after it has taken a firm decision not to publish the Sponsored Project. The Agreement shall immediately terminate on the date of the notice of non- publication or cancellation of the Sponsored Project by the Publisher.
Publisher Obligations. If a Licensed Product allows Users to engage in Online Activity, then, as between Publisher and SIE, Publisher must, at its sole expense for the term during which Publisher provides the User with rights to access the Online Activity in connection with use of the Licensed Product, do the following in compliance with the Guidelines and this GDPA:
12.1.1 host and provide Users with access to Online Activity;
12.1.2 provide Users with customer support in a commercially reasonable manner and in accordance with its Publisher XXXX;
12.1.3 If a User makes Publisher aware of any breach or suspected breach by another User of the ToSUA, Publisher will promptly notify the User reporting such breach to instead contact SIE’s applicable customer support to make SIE aware of the breach or suspected breach; Sony Computer Entertainment PLAYSTATION GDPA version 1.00 19 CONFIDENTIAL
12.1.4 appoint a dedicated contact person for Online Activity who will act as a liaison between SIE and Publisher for all matters relating to the same. Publisher shall give SIE [***] days written notice prior to any change of a designated contact person;
12.1.5 present (including via a link) Additional Terms relating to Online Activity prior to (i) launch by a User of the Licensed Product for the first time, or (ii) allowing any User to engage in Online Activity for the first time;
12.1.6 operate all Online Activity with particular regard to the protection of children and privacy, and in compliance with legal requirements or as stipulated under any voluntary system relating to the labeling and conduct of gameplay websites designated by SIE in writing and applicable to all Licensed Publishers in writing, and comply with any SIE policy set forth in the Guidelines relating to the protection of children during Online Activity and, where Publisher employs PSN authentication on websites in accordance with the Guidelines, implement appropriate age filters; and
12.1.7 provide notice to consumers in a clear and conspicuous manner of any permanent shutdown to all servers hosting or supporting Online Activity on PSN for a specific Licensed Product, in accordance with Publisher’s XXXX applicable to Online Activity and such Licensed Product. If Publisher provides less than [***] days prior notice of any permanent shut down of servers hosting or supporting Online Activity for any Licensed Product, then the [***] will not apply to any [***] within [***] days prior to the announcement that the servers hosting Onl...
Publisher Obligations. 2.1 In consideration for payment of the Publisher Commission by Onvoir, the Publisher agrees, for the duration of the Agreement:
2.1.1 to display Onvoir Media listings on the Publisher's website in the format received from Onvoir or in a way that has been approved in writing by Onvoir;
2.1.2 to use its reasonable endeavours to introduce Bona Fide Internet Users to websites linked to the Media Listings and to take all reasonable measures to ensure that internet users who are not Bona Fide Internet Users are not introduced to these websites. Onvoir's determination as to whether an internet user is a Bona Fide Internet User shall be final;
2.1.3 to give Onvoir all reasonable assistance to enable Onvoir to facilitate the display of the Media Listings on the search results pages of the Publisher’s website;
2.1.4 to comply with Onvoir’s reasonable requests to limit the number of requests sent to Onvoir in any given period;
2.1.5 to provide Onvoir with the IP address of the Bona Fide Internet User in respect of each request sent to Onvoir;
2.1.6 to provide Onvoir with an anonymised but uniform sub-Publisher id with each request to facilitate poor traffic source detection in the instance where a Publisher is providing traffic to Onvoir from their own Publisher network and to stop any requests from any sub-Publisher which Onvoir may request from time to time;
2.1.7 to comply with any request from Onvoir to not allow Media Listings to be displayed on any websites specified by Onvoir; and
2.1.8 to ensure that any user name and password which is assigned to the Publisher shall be kept secure and confidential and not disclosed to any third party.
Publisher Obligations. Publisher agrees to the following during the Term of this Agreement:
a. Hold and maintain proper right, title, and interest in and to all of the Titles submitted to Agent:;
b. Provide reasonable promotional materials, if available, in a timely manner upon Agent’s request;
c. Submit Titles as follows:
i. Provide Agent with Excel spreadsheet or ONIX feed that has the corresponding metadata for all Titles covered by this Agreement;
ii. Include ISBN in metadata for each title;
iii. New titles and any updates to metadata after initial submission should be provided via ONIX feed, Excel spreadsheet, or other agreed upon method on an ongoing basis, as updated;
iv. All book files and any related marketing pieces, catalog pages, and other relevant files shall be uploaded via a secure FTP server or other electronic means as agreed upon with Agent;
v. Provide a PDF of each title and corresponding JPG front cover image at least 700 pixels wide; and
vi. Name each file with the title’s ISBN (e.g. ISBN13.pdf, ISBN13.jpg, ISBN13marketing.pdf).
Publisher Obligations. 2.1. Please sign and return this agreement. The fact that we approve your application does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.7. Contains software downloads that potentially enable diversions of commission from other Publishers in our program.
2.1.8. Violates the rules, standards, or policies of one or more of our advertisers. All use of our service is subject to the approval of our retail advertisers.
2.2. As a member of PreciseTarget's Publisher Program, you will have access to selected PreciseTarget product data, HTML code (that provides for links to web pages within the PreciseTarget web site), and banner creatives, and tracking codes for our products, coupons, and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other Publisher link we provide you with.
2.3. PreciseTarget reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellec...
Publisher Obligations. 3.1 Unless otherwise specified by GS1 Australia, You are solely responsible:
(a) for supplying, maintaining and updating all Content on the National Product Catalogue and administering access to Content by Your trading partners and staff or other representatives;
(b) for reviewing and checking all Content on the National Product Catalogue (including, without limitation, any Content updated by GS1 at Your request and any determination or confirmation of the GST classification of food and beverage items by GS1) as correct and complete; and
(c) for obtaining at Your own cost all equipment and software necessary to enable You to access and use the National Product Catalogue.
3.2 You must not, and must ensure that any person accessing or using the National Product Catalogue, or on Your behalf, does not:
(a) use any data or information entered onto, or made available to You via, the National Product Catalogue by other members and users of the National Product Catalogue (“Trading Partner Information”) other than for the purposes of conducting transactions and exchanges of data in the manner reasonably contemplated by these terms and conditions; or
(b) repackage or transform, resell, on-supply, distribute or disclose Trading Partner Information (whether in the format supplied to You or altered in anyway by You or Your Third Party Service Providers) to third parties except by the publish and subscribe data exchange processes subscribed to, and provided within, the National Product Catalogue.
3.3 You agree that You are expressly prohibited from accessing or using the Content other than for Your own business purposes and warrant that the Content will not be used for the purposes of resale or redistribution in whole or in part by You, or any third party recipient of the Content from You, via a means of exchange other than provided for within the National Product Catalogue.
Publisher Obligations. As a Publisher, You agree not to:
1. engage in any form of fraudulent traffic generating methods including: robots, spiders, autoIspawning browsers, auto reloading, meta refreshes or any other form of fraudulent and artificial traffic;
2. receive traffic from websites that contain materials that are deemed offensive or illegal in nature. This includes but is not limited to, websites promoting gambling, mp3, warez, EMU, ROM or pornographic materials;
3. change or alter the Ad Codes provided by Alcance Media Group in any way;
4. place Ad Codes on pages of the following nature: blank pages with no content, pages that only contain advertisements. Furthermore, the Publisher agrees not to place Ad Codes on pages that are password protected;
5. place Ad Codes on any root domain not specifically approved for membership within the Network;
(f) place Ad Codes on any webpages that launch more than one pop up or pop under window. If Publisher Obligations as outlined above are not upheld, any such actions will lead to account termination and all funds generated from said actions will be forfeited.
