Third Party Ad Server Malfunction Sample Clauses

Third Party Ad Server Malfunction. If Agency is using a Third Party Ad Server and that Third Party Ad Server cannot serve the Ad, Agency will have a one-time right to temporarily suspend Campaign delivery for up to 72 hours. Upon written notification by Agency of a non-functioning Third Party Ad Server, Media Company will have 24 hours to suspend delivery. Following that period, neither Agency nor Advertiser will be liable for payment of Ads that runs within the immediately following 72-hour period until Media Company is notified that the Third Party Ad Server is able to serve Ads. After the 72-hour period, if Agency has not provided written notification that Media Company can resume delivery under the IO, Advertiser will pay for the Ads that would have run, or are run, and can elect that Media Company serves Ads, which Media Company agrees to do until such time as the Third Party Ad Server is able to serve Ads. If Agency / Advertiser does not require Media Company to serve the Ads, Media Company may use the inventory that would otherwise have been used, for its own advertisements or Third Party advertisements.
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