GENERAL CONDITIONS FOR BROADCASTING OF ADVERTISING AND INFORMATION FORMS ON WEBSITES
GENERAL TERMS AND CONDITIONS
for Broadcasting of Advertising and Information Forms
on the Websites of “NET INFO” AD
І. SUBJECT
Art. 1. (1) These General Terms and Conditions regulate the relations between Net Info, on the one hand, and the Advertisers and/or the Advertising Agencies, on the other hand, in connection with broadcasting of Advertising Forms on the Websites of Net Info in consideration of a fee.
(2) Insofar as the General Terms and Conditions are not in conflict with the applicable law, they also regulate the relations between Net Info, on the one hand, and the bodies of the state and local authority, political parties in the sense of the Political Parties Act (effective since 1 April 2005), non-profit legal entities in the sense of the Non-Profit Legal Entities Act (effective since 1 January 2001) and third parties due to broadcasting of Information Forms on the Websites of Net Info in consideration of a fee.
(3) By signing of a Business Agreement, the Advertiser and/or the Advertising Agencies shall accept the General Terms and Conditions as applicable to their relations with Net Info due to broadcasting of Advertising Forms. The General Terms and Conditions shall be also applicable to any other written agreement of the parties, explicitly stipulating that.
(4) By signing of an Agreement for Broadcasting of Information Forms, Organizations shall accept the General Terms and Conditions as applicable to their relations with Net Info due to broadcasting of Information Forms. The General Terms and Conditions shall be also applicable to any other written agreement of the parties, explicitly stipulating that.
(5) Net Info, on the one hand, and the Advertisers and/or the Advertising Agencies, on the other hand, may conclude an Affiliate Agreement, whereas Net Info shall unilaterally choose and broadcast Advertising Forms for the purpose of efficient advertising of specific goods of an Advertiser.
(6) Net Info shall be entitled to amend the General Terms and Conditions unilaterally, notifying the Advertisers, Agencies and/or the Organizations thereof, with whom it has effective Business Agreements/Agreements via their stated e-mail or by posting a message on its administered websites. In case that within 15 (fifteen) days after sending a notice of amendment, publishing of the message, correspondingly, no written objection has been received from an Advertiser, Agency and/or an Organization, with whom Net Info has effective contractual relations, the amended General Terms and Conditions shall become binding upon the relations between the parties. Net Info shall consider all received objections separately.
ІІ. DEFINITIONS
Art. 2. The definitions below have the following meaning everywhere in the General Conditions, unless otherwise stated:
1. „Net Info” is the company NET INFO AD, UIC 202632567, having its registered address at 6th floor, 41, Christopher Columbus Blvd., Sofia 1592, Bulgaria, registration under Value Added Tax Act BG202632567.
2. „General Conditions” are these General Terms and Conditions adopted by the Board of Directors of Net Info and signed by the representative of Net Info.
3. „Advertiser” is a company who uses Advertising Forms to promote goods and services on the Websites of Net Info. The specific rights, obligations and liabilities of the Advertiser are stipulated in the General Terms and Conditions hereinafter.
4. „Advertising Agency” or „Agency” is a company who requests on behalf of the Advertiser or Organization broadcasting of Advertising and/or Information Forms. The specific rights, obligations and liabilities of the Agency are stipulated in the General Terms and Conditions hereinafter.
5. „Organization/Organizations” are bodies of the state and local authority, political parties in the sense of the Political Parties Act (effective since 1 April 2005), non-profit legal entities in the sense of the Non-Profit Legal Entities Act (effective since 1 January 2001) and third parties, as mentioned in Art. 1(2) above, who use Information Forms of Information Inventory to broadcast their information materials, appeals and agitation on the Websites of Net Info in consideration of a fee. The specific rights, obligations and liabilities of the Organizations are stipulated in the General Terms and Conditions hereinafter.
6. „Websites of Net Info” are all websites included in the portfolio of Net Info on the official website www.netinfocompany.bg and administered by Net Info, where Net Info broadcasts Advertising and Information Inventory by the way of Advertising and/or Information Forms ordered by the Agency, Advertiser or the Organization, correspondingly.
7. „Advertising Form” is a method and form of presentation and distribution of given advertising contents or a message of Advertisers;
8. „Information Form” is a method and form of presentation and popularization of messages, appeals and/or agitation of Organizations.
9. „Advertising Inventory” are all kinds of Advertising Forms of Agencies and Advertisers, which Net Info broadcasts on the Websites of Net Info against payment. The Advertising Inventory of Net Info is enlisted on the website www.netinfocompany.bg;
10. „Information Inventory” are all kinds of Information Forms of Agencies and Organizations, which Net Info broadcasts on the Websites of Net Info against payment. The Information Inventory of Net Info is enlisted on the website www.netinfocompany.bg;
11. „The Business Agreement” is a written model agreement in the sample form provided by Net Info, whereby Net Info, on the one hand, and the Advertiser and/or Agency, on the other hand, shall agree upon specific terms and commercial conditions relating to the broadcasting of Advertising Forms.
12. „Agreement for Broadcasting of Information Forms” or „the Agreement” is a written model agreement in the sample form provided by Net Info, whereby Net Info, on the one hand, and the Agency and/or Organization, on the other hand, shall agree upon specific terms and commercial conditions relating to the broadcasting of Information Forms.
13. „Affiliate Agreement” is a written agreement, whereby Net Info shall, by its own initiative, provide the Advertiser with advertising space on the Websites of Net Info to broadcast Advertising Forms for the promotion of specific goods, as the remuneration of Net Info shall be formed as a given percentage of the sale or order of the Advertiser’s promoted goods.
14. „Media Plan” is a form approved by the parties, in which the specific broadcasts and positions of Advertising and/or Information Forms on the Websites of Net Info are agreed.
III. DURATION. ANNUAL BUEINESS AGREEMENTS.
Art. 3. (1) The Business Agreement/the Agreement shall become effective between the parties on the date and for the duration specified therein, until fulfillment of the obligations of the parties hereunder, correspondingly, unless terminated earlier.
(2) The annual Business Agreements shall enter into force on the 1st of January of the calendar year stated therein and shall remain effective until the 31st of December of the same calendar year, until fulfillment of the obligations of the parties thereunder, correspondingly, unless terminated earlier.
IV. AFFILIATE AGREEMENT
Art. 4. (1) By signing of an Affiliate Agreement, the Advertiser agrees that Net Info shall be entitled:
1. to determine unilaterally a Media Plan for broadcasting of the Advertising Forms and to change their position of broadcasting;
2. to request that the Advertiser shall change the creative of specific Advertising Forms;
3. to terminate an Affiliate Agreement unilaterally upon a seven-day prior notice in writing. In this case, Net Info shall not owe any compensation to the Advertiser.
(2) By signing of an Affiliate Agreement, the Advertiser shall:
1. pay Net Info a fee that is to be formed as a given percentage of the sale and/or order of the Advertiser’s promoted goods, realized by marked users via HTTP cookies for the period of their activity. The specific value of the fee and the terms of payment shall be agreed by concluding an Affiliate Agreement;
2. provide Advertising Forms ready for use following a creative preliminary approved by Net Info;
3. give Net Info access to specialized software to monitor the advertising activity of users;
4. maintain at its expense HTTP cookies, through which it shall mark the user’s activity on the Websites of Net Info. The Advertiser shall owe Net Info a fee for realized sale and/or order of a marked user via HTTP cookies for the period for which they are enabled. The specific period of enabled HTTP cookies shall be agreed by signing of an Affiliate Agreement; submit a monthly report by the 5th day of the following month to Net Info on the sales/orders of the Advertiser’s promoted goods realized by the users.
(3) Net Info shall not be liable for the delivery and quality of the goods promoted by the Advertiser.
V. REQUIREMENTS AND RESTRICTIONS TO THE ADVERTISING AND INFORMATION FORMS. TECHNICAL REQUIREMENTS
Art. 5. (1) Net Info shall not broadcast Advertising and/or Information Forms for goods, services, trademarks or persons subjected to a special permission or license regulation pursuant to the applicable law without availability and presentation of all necessary documents certifying the right to carry out the respective activity.
(2) Net Info shall not broadcast Advertising and/or Information Forms that could be taken as frustrating, pornographic, contradictory to the law and good morals, as well as materials violating the third party’s intellectual property right.
(3) Net Info shall be entitled to deny broadcasting of Advertising and/or Information Forms that are in conflict with the commercial policy of Net Info, General Terms and Conditions or affective contracts of Net Info with third parties.
(4) The right of Net Info under s. 3 includes, but without limitation to: realization of Advertising and/or Information Forms concerning services and/or sites that are competitive with respect to the activity of Net Info or persons related to Net Info, advertisement on websites collecting personal information or data of users, advertisement on websites generating traffic (visits) to websites broadcasting commercials, etc.
Art. 6. (1) The Advertising Inventory of which the Advertiser and/or Agency shall choose the specific Advertising Form for promotion of goods and services is posted on the website of Net Info www.netinfocompany.bg. In general, the Advertising Inventory includes Standard Banners, Rich Media, CPC, Advertising Publications, Mobile Publications, Direct Mailing and Branding. The specific Advertising Forms of the Advertiser and/or Agency of the Advertising Inventory of Net Info supposed to be broadcast on the Websites of Net Info shall be explicitly specified in the Media Plan to the concluded Business Agreement.
(2) The technical requirements of Net Info regarding the Advertising Forms made by the Advertiser and/or the Agency are posted on the website of Net Info www.netinfocompany.bg and shall be binding upon the Advertiser and/or the Agency. Net Info shall be entitled to amend them unilaterally, if required for technical reasons.
Art. 7. (1) The Information Inventory, of which the Organization and/or the Agency shall choose the specific Information Form to promote messages, appeals and/or agitation is enlisted on the website of Net Info www.netinfocompany.bg In general, the Information Inventory includes Standard Banners, Rich Media, CPC, Advertising Publications, Direct Mailing and Branding. The specific Information Forms of the Organization and/or Agency of the Information Inventory of Net Info supposed to be broadcast on the Websites of Net Info shall be explicitly specified in the Media Plan to the concluded Agreement.
(2) The Information Forms supposed to be posted on the Websites of Net Info shall meet the specific requirements and restrictions of the applicable law with respect to the activity of the Organizations. Net Info shall be entitled to deny broadcasting of Information Forms that are in conflict with the applicable law and the General Conditions.
(3) The technical requirements of Net Info with respect to the Information Forms made by the Organization and/or the Agency are posted on the website of Net Info www.netinfocompany.bg and shall be binding upon the Organizations and/or the Agencies. Net Info shall be entitled to amend them unilaterally, if required for technical reasons.
Art. 8. (1) Net Info shall approve all Advertising and/or Information Forms before being posted on the Websites of Net Info.
(2) Net Info shall respect the interests of its users and shall be entitled, without considering it as infringement, to deny and cancel Advertising and/or Information Forms that are determined by the users as provocative and/or harmful, as well as Advertising and/or Information Forms concerning services and/or websites that are competitive in terms of the activity of Net Info and persons related to Net Info, advertisement on websites collecting personal information or data of users, advertisement on websites generating traffic (visits) to websites broadcasting commercials, etc.
(3) Net Info shall not transmit Banners of misleading contents, resembling Windows/ Mac/ Unix system messages, dialogue boxes, as well as parts of the contents on the Websites of Net Info.
(4) Banners transmitted on the Websites of Net Info may only collect personal data of users in compliance with the requirements of the applicable law, that shall explicitly state the purposes and after guaranteeing the protection of the collected personal data. When clicking on the Advertising or Information Forms, the user will go to the site of an Advertiser/Organization, the latter shall be liable for the lawful collection of personal data.
(5) Transmission of Advertising and/or Information Forms, leading to collection of personal data about the users shall be subject to preliminary agreement with Net Info. Net Info shall reserve its right to deny fulfillment of an approved request for transmission of Advertising and/or Information Forms, and to cancel their positioning at its option in case the same could be interpreted as untypical or unregulated collection of personal data and could lead to a negative effect for the end users of the Websites of Net Info.
Art. 9. (1) Advertiser and/or Agency and Organizations shall deliver Advertising and/or Information Forms for transmission on the Websites of Net Info, whose content, form and production is in compliance with the applicable law and the General Conditions.
(2) Advertising and Information Forms shall present goods and/or services and/or trademarks owned by the Advertiser or the Organization or other ones, for whom the Advertiser or the Organizations have been granted the right of use in compliance with the Law on Marks and Geographical Indications.
(3) Notwithstanding the approval under Art. 8(1) above, the Advertiser, Agency and the Organization shall be held liable for the contents of Advertising and/or Information Forms transmitted on the Websites of Net Info. They shall compensate Net Info for each claim of third parties, sanction, respectively, imposed by a government body for infringement of the provisions of the applicable law. Compensation shall be paid for all damages suffered by Net Info, which are a direct and immediate consequence of violation of the lawful rights and interests of third parties and/or sanction of a government body as a result of broadcast Advertising and/or Information Forms of the Advertiser, Agency and the Organization on the Website of Net Info. The Agency shall be jointly liable with the Advertiser/Organization.