Marketing Remarketing Application

Marketing Remarketing Application

Applicant and Service Provider

Recitals

WHEREAS, Advertiser desires to engage Service Provider to perform digital remarketing and audience re-engagement services designed to target users who have previously interacted with Advertiser's digital properties; and

WHEREAS, Service Provider represents that it possesses expertise, technical capability and lawful authority to execute remarketing campaigns, implement tracking technologies, and manage paid media on behalf of Advertiser in accordance with the terms set forth in this application and any subsequent agreement;

WHEREAS, the parties wish to document the initial campaign parameters, responsibilities, payment arrangements and legal assurances necessary to commence services.

Campaign Identification

Effective Date: . Campaign Objective:

Scope of Work

Service Provider will perform the services described below in accordance with industry standards. The parties acknowledge that specific placements, audiences and creative executions will be agreed in writing or by email prior to launch.

Technical and Data Requirements

Advertiser authorizes Service Provider to implement remarketing tags, pixels, SDKs or other tracking mechanisms and to process customer lists and event data to create audience segments for campaign delivery subject to applicable law and the Confidentiality provisions below.

Payment Terms

Advertiser agrees to pay Service Provider the fees set forth below in consideration of the services provided. All fees are due in accordance with the invoicing schedule and are non-refundable except as expressly provided in writing.

Invoices not contested in writing within seven (7) days of receipt are deemed accepted. Service Provider may suspend services for overdue accounts after providing ten (10) days' written notice.

Term and Termination

The term of this application will commence on Start Date: and will terminate on End Date: unless earlier terminated as provided below.

Either party may terminate for material breach that remains uncured thirty (30) days after receipt of written notice identifying the breach. Termination will not relieve Advertiser of payment obligations for services performed and non-cancellable commitments incurred prior to termination.

Confidentiality

Each party agrees that Confidential Information disclosed by the other party will be held in confidence and used only for the purposes of performing obligations under this application. "Confidential Information" includes pricing, campaign strategies, customer lists and technical integrations. Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party or was lawfully received from a third party without restriction.

The receiving party will implement reasonable administrative, technical and physical safeguards to protect Confidential Information and will limit access to those employees, contractors or agents who have a need to know and who are bound by confidentiality obligations no less restrictive than those herein.

Representations, Warranties and Compliance

Each party represents that it has the full corporate power and authority to enter into this application and that performance will comply with applicable laws and platform policies. Advertiser represents it has the right to provide any customer data and that such provision and processing will not violate applicable privacy laws or third-party contractual obligations.

Indemnification

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims arising out of the indemnifying party's breach of its representations, willful misconduct or negligence in performing its obligations under this application.

Governing Law

This application and any dispute arising out of or related to it will be governed by and construed in accordance with the laws of the state identified by Advertiser's principal place of business unless otherwise agreed in writing.

Entire Agreement

This application, together with any attachments, exhibits or executed statements of work, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings, whether written or oral. Any modification must be in writing and signed by authorized representatives of both parties.

Acknowledgment and Certifications

By signing below, each party certifies that the information provided in this application is accurate, that they are authorized to bind the respective party, and that they accept the terms set forth in this document. Where Advertiser provides personal data for targeting purposes it affirms that required notices and consents have been provided to data subjects or that processing is otherwise lawful.

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