Supplemental Terms Applicable To Advertisers
These Supplemental Terms Applicable To Advertisers and Payment Platform Terms Applicable to Advertisers below are incorporated into Terms of Service including Privacy Policy and Cookie Use. Advertising Policies Applicable to Ads and Advertisers are available with registration as Advertiser.
Last updated December 13, 2024
These Supplemental Terms Applicable To Advertisers’ (‘Advertising Terms’ or ‘Self-Serve Advertising Terms’ or ‘Self-Serve Ad Terms’) are agreed between you (“you”), whether personally or on behalf of an entity (e.g. a business marketing legal products and services; an advertising exchange, a third party “supply-side” ad aggregator service, a third party that buys ad spaces for others such as a “demand-side” ad aggregator service or an affiliate) on the Web Site or Apps and Service and Broadcurrent S.P., its proprietor (“Broadcurrent”, “we,” “us” or “our”), concerning any order you place with Broadcurrent for any advertising or other commercial or sponsored activity or content on the Web Site or Apps and Service; and your access to and use of Broadcurrent’s Services for advertising (including the self-service advertising interfaces, if any, and APIs, if any) for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, “Self-Serve Ad Interfaces”) and any order you place through the Self-Serve Ad Interfaces;
each an (“Order”) by you as an ‘Advertiser’.
We only accept Orders for ad spaces from you as Advertiser with an active account for advertising (an “Advertiser Account”) approved by and in good standing with Broadcurrent. You agree to provide all information necessary to establish your Advertiser Account and you agree to complete all information in your Advertiser Account.
We establish prices for advertising that may change from time to time in our sole discretion (“Regular Ad Rates”)
When you place an Order, you will tell us the type of advertising you want to buy and the relevant Regular Ad Rate shall apply to the type of advertising you want to buy. You may tell us the amount you want to spend for your Order or a range of spending that you want to spend for Orders.
Our Regular Ad Rate price information is not publicly available and is our trade secret. You understand and acknowledge and agree to keep confidential our Regular Ad Rate price information shared with you for your Order.
If we provide a Self-Serve Ad Interface and you place an Order using any Self-Serve Ad Interfaces, when you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid for the type of advertising you want to buy.
We may provide functionalities so that you can target your desired audience, if any, by buying ads to be delivered on sportsclues Web Site, our publisher network, or any place we serve ads.
If we accept your Order, we will deliver your ads as ad spaces inventory becomes available.
You understand and acknowledge and agree that our Web Site, Apps and Service are new and therefore the number of Members using the Service is limited; and we make no representation of any kind (and we have made no representation to you) as to the size of any audience or the number of Members using the Web Site and Apps and Service.
Subject to the above and also: the availability of ad spaces inventory, and the technical operations of our Web Site, Apps and Service that may effect the availability ad spaces, and the services of third parties on which we rely in particular the third party host that provides the computer servers on which reside the software for the Web Site, Apps, Service that also provides the connectivity services to the Internet for the Web Site, Apps, and Service, and the availability of the Internet (the ‘World Wide Web” in general) and other events (including natural disaster or other emergency); we will use best efforts to deliver the ads to the audience, if any, that you specify or to achieve the outcome you select, though we cannot guarantee in any instance that your ad will reach its intended target (or reach any audience of any particular size) or achieve the outcome that you request or that you select.
Your ads must comply with all applicable laws, regulations, and guidelines, as well as our Advertising Policies. Failure to comply may result in a variety of consequences, including the cancellation of ads you have placed and termination of your Advertiser Account.
We may reject or remove any ad for any reason.
We will determine the size, placement, and positioning of your ads.
Scheduling of delivery is subject to availability and may not be continuous.
We do not guarantee the reach or performance that your ads will receive, such as the number of people who will see your ads or the number of clicks your ads will get.
We cannot control how clicks, if any, are generated on your ads. We may have systems (or we may use services of third parties) that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
Our license to deliver your ad will end when we have completed your Order. You understand, however, that once displayed, ads are public information. Ads may be re-shared and accessed outside of the targeted audience (including from the sportsclues Web Site and pages on the Web Site or profile or the Broadcurrent Service running the ads or within the Service). If users have interacted with your ad, your ad may remain on our Service and platform.
If your ad is about Social Issues, Elections or Politics, Broadcurrent may (in our sole discretion) display (at no cost to you) and provide access to the ad content and creative, and information about the ad campaign (such as total spend and delivery data, and targeting information) for a period of seven years from the completion of your order.
You consent that Broadcurrent may disclose your advertising content, and all information associated with your advertising, to a governmental entity or body if Broadcurrent believes that disclosure would assist in a lawful investigation.
We may provide you with reports possibly for a fee about the kinds of people seeing your ads and how your ads are performing. Your use of these reports, if any, is subject to the Data Use Restrictions in our Advertising Policies. We may provide a business, and all those who advertise for the business, with information about the number of ads being run for the business across the Service and any applicable restrictions on those ads.
We may offer tools (or we may engage tools of third parties) to provide transparency to our users, Members about how Broadcurrent advertising works that may include tools about control over their ads experience, including information sufficient to show them why they are being shown specific ads. You agree that information associated with your advertising may be included in these tools, and that those tools may impact your ability to advertise to those users or to prevent them from seeing your ads.
You will not issue any press release or make public statements about your relationship with Broadcurrent or the Broadcurrent Service without our prior written permission.
If you are placing ads on someone else’s behalf, you must have permission to place those ads, and agree as follows:
You represent and warrant that you have the authority to and will bind the advertiser to these Supplemental Terms Applicable to Advertisers, Self-Serve Ad Terms and the Terms of Service, and the Platform Payment Terms Applicable to Advertisers, to which you also agree.
If the advertiser you represent violates these Supplemental Terms Applicable to Advertisers, Self-Serve Ad Terms and the Terms of Service, and the Platform Payment Terms Applicable to Advertisers, we may hold you responsible for that violation.
You agree that we may provide campaign reporting information to the end advertiser for whom you placed a campaign.
We may ask you to review and accept supplemental terms that apply to your use of a specific feature or functionality made available through the Services including Self-Serve Ad Interfaces, if any. To the extent those supplemental terms conflict with these Supplemental Terms Applicable to Advertisers, Self-Serve Ad Terms, the Platform Payment Terms Applicable to Advertisers, the supplemental terms will govern with respect to your use of the specific feature or functionality to the extent of the conflict. We may change or update these these Supplemental Terms Applicable to Advertisers, Self-Serve Ad Terms, Platform Payment Terms Applicable to Advertisers from time to time and your continued Orders or use of the Self-Serve Ad Interfaces constitutes acceptance of those changes.
Contracting party:
If you reside or have your principal place of business in the United States or Canada, Broadcurrent S.P. provides the ordering systems for ads and/or any Self-Serve Ad Interfaces, if any.
If you reside or have your principal place of business outside the United States or Canada, Vitale Productions Limited, a limited company registered in England, United Kingdom #14413062, provides the ordering systems for ads and/or Self-Serve Ad Interfaces, if any.
Notwithstanding the above, advertisers in some countries may be subject to special provisions regarding Orders they place, including, under certain circumstances, that they contract directly with Broadcurrent affiliate entities solely for purposes of placing Orders. If applicable to you, please contact us so that we can ascertain any special provisions applicable to your Orders at legal@broadcurrent.com before you place made any Order. We request that all requests be submitted in English.
For the avoidance of doubt, regardless which entity you contract with, Broadcurrent’s Advertising Policies (and its Platform Payment Terms Applicable to Advertisers each incorporated in the Terms of Service) are enforced under the Terms of Service.
Any claim, cause of action, or dispute that arises out of or relates to these Supplemental Terms Applicable to Advertisers, Self-Serve Ad Terms, Platform Payment Terms Applicable to Advertisers is subject to the disputes resolution clause in the Terms of Service.
These Supplemental Terms Applicable to Advertisers, Self-Serve Ad Terms will terminate in the event of any termination of the Platform Payment Terms Applicable to Advertisers, but the provisions of Terms of Service will still apply.
The Platform Payment Terms Applicable to Advertisers below are incorporated into the Supplemental Terms Applicable to Advertisers above.
Payment Terms Applicable to Advertisers
You will pay for your Orders in accordance with the following: You will comply with our Platform Payment Terms Applicable to Advertisers to the extent applicable:
You will pay all amounts specified in each Order you place, along with any applicable taxes.
If you place your Order with Broadcurrent directly (by methods approved by us in advance of your Order for your Advertiser Account such as by phone or by text or by email or by letter or by other approved arrangement) for ad spaces, subject to availability, on the Web Site or Apps and Service, the amount you owe for each Order will be calculated based on the type of advertising in your Order at the relevant Regular Ad Rate applied to the type of advertising in your Order (including any applicable taxes).
If we provide a Self-Serve Ad Interface and you place an Order approved by us using any Self-Serve Ad Interface, the amount you owe for each such Order will be calculated based on our tracking mechanisms or the relevant Regular Ad Rate applied to the type of advertising in your Order.
Our Tracking mechanisms rely upon information that you provide to us establishing your Advertiser Account and completing all information in your Advertiser Account.
You remain solely and absolutely responsible for payment in full of the entire amount you owe for each Order including any applicable taxes even if we incorrectly calculate the amount you owe for each Order (including any applicable taxes) or if our tracking mechanism incorrectly calculates the amount you owe for each Order (including any applicable taxes) or if we determine later that information that you provided to us was not accurate.
By placing an Order, you authorize us to obtain your personal and/or business credit report from a credit bureau, either when you place an Order or at any time thereafter.
You are responsible for maintaining the security of your advertising Advertiser Account, and you understand that you will be charged for any Orders placed on or through your Advertiser Account.
If you are making direct debit payments, and you provide us with a range upon opening your Advertiser Account, you agree that we can charge you any amount that falls within the range you agreed to upon opening your Advertiser Account. We will notify you in advance if any charge will exceed the agreed-upon range.
You can cancel an Order at any time, but your ads may run for 24 hours after you notify us, and you are still responsible for paying for all ads that run.
The amounts we charge you may be subject to and include applicable taxes and levies, including without limitation withholding taxes. You are responsible for bearing and remitting any taxes that apply to your transactions. You will indemnify and hold us harmless from and against any claim arising out of your failure to do so.
If your payment method fails or your account is past due, we may take additional steps to collect past due amounts. You will pay all expenses associated with such collection, including reasonable attorneys’ fees. Past due amounts will accrue interest at 1% per month or the lawful maximum, whichever is less.
We may allow you to purchase ads with an “Advertiser Balance,” which is a pre-paid balance that can be used solely to purchase ads on the Web Site or Apps and Service. Advertiser Balances are only for business or commercial purposes.
Advertiser Balances are non-refundable except where required by law. Broadcurrent S.P. is not a bank and does not offer banking services; accordingly, Advertiser Balances do not earn interest, are not deposit obligations, and are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.
You will fall under one of two categories depending on your payment method: invoiced or non-invoiced client.
Invoiced clients are those for whom Broadcurrent sets a maximum spending limit and issues invoices on a periodic basis for payment in accordance with the applicable invoicing terms.
Non-invoiced clients are those who must make payments at the time of purchase itself. In its sole discretion, Broadcurrent may classify clients as invoiced clients based on factors such as ad spend and creditworthiness.
You understand that, from time to time, we run tests on our Self-Serve Ad Interfaces, if any, and related systems, which may impact your use and experience thereof, including campaign performance. You acknowledge and agree that we may test as notified in these Terms, including to assess formatting, relevance, pricing, reporting, targeting, and delivery.
