Common use of Tracking Clause in Contracts

Tracking. Fyber’s tracking and reporting regarding Ad Impressions and other payable activities under the Agreement (if applicable), shall calculate the Ad Impressions for the purpose of this Agreement, if not otherwise agreed between the Parties in the Service Order. Supply Partner shall duly examine the Account data and the amounts due to it when provided by Fyber, and shall notify Fyber, in writing (email suffices) and without undue delay (but in no event later than no later than fourteen (14) days upon receipt of the applicable report from Fyber), of any inaccuracy of the Account data or the amounts due to it that could be reasonably identified in such examination. If Supply Partner fails to notify Fyber of any such identifiable inaccuracy within such time period, the Account data and the amounts due to Supply Partner shall be deemed correct with regard to such identifiable inaccuracy. Supply Partner further agrees and acknowledges that the determinations of Fyber with respect its reporting and invoices are final where the difference between the evidence provided by Supply Partner and the Account data is less than ten percent (10%), which is considered a deviation in tracking customary in trade and therefore reasonably acceptable by both Parties. If the deviation is 10% or more, the Parties will negotiate in good faith to find an amiable solution.

Tracking. Fyber’s tracking and reporting regarding Ad Impressions and other payable activities under the Agreement events (if applicable)) under the Service Order , shall constitute the basis to calculate the Ad Impressions or other payable events (as applicable) for the purpose of this Agreement, if not otherwise agreed between the Parties in the Service Order. Supply Partner shall duly examine the Account data and the amounts due to it when provided by Fyber, and shall notify Fyber, in writing (email suffices) and without undue delay (but in no event later than no later than fourteen (14) days upon receipt of the applicable report from Fyber), of any inaccuracy of the Account data or the amounts due to it that could be reasonably identified in such examination. If Supply Partner fails to notify Fyber of any such identifiable inaccuracy within such time period, the Account data and the amounts due to Supply Partner shall be deemed correct with regard to such identifiable inaccuracy. Supply Partner further agrees and acknowledges that the determinations of Fyber with respect its reporting and invoices are final where the difference between the evidence provided by Supply Partner and the Account data is less than ten percent (10%), which is considered a deviation in tracking customary in trade and therefore reasonably acceptable by both Parties. If the deviation is 10% or more, the Parties will negotiate in good faith to find an amiable solution.