Tarsan MVAS Private Limited cannot guarantee the total number of clicks / conversions mentioned on the IO will be generated. Advertiser only pays for the clicks / conversions generated. All applicable taxes in India jurisdiction, including but not limited to Service Tax, shall be charged in addition to the Invoice Amount (Only applicable for an Indian Entity). Billing currency will be in INR for all Indian Advertisers. Credit Period, if applicable shall be calculated from the date of Invoice. Tarsan MVAS will track the number of clicks / conversions generated and that will be basis for Invoicing for future. Any discrepancy should be notified within 7 days from the date of receipt of the invoice after which it will presumed to be correct. Validation and Reconciliation: Recorded deliveries given by Tarsan to the advertiser will then be validated and reconciled by Advertiser on a pre-agreed basis not later than 7 days. The deletions will only be on account of Fraud transactions only unless it is specifically agreed otherwise supported by proper proof and documentation.
Relevant section of agreement shall survive termination or expiration of this IO. In event of cancellation, all deliveries up to 72 hrs of such notice date and time would be paid on prorate basis. Also in case of deliveries from existing cookies, the same shall be payable by the advertiser.
Neither party shall release any non-public information regarding IO or one party's relationship with other party or the participating websites including without limitation in press release, promotional or merchandising materials without prior written consent of other parties. The Advertiser shall not use the Services for the purpose of building up a database of Publishers or other publishers of advertising that the Advertiser (or any third party) might exploit commercially.
Advertiser will provide multiple creative ad for campaign. Tarsan MVAS through the affiliates /publishers / networks will control creative use and weighting.
Advertiser acknowledges that Tarsan MVAS has no responsibility, but shall have the right, to review the Advertiser advertisement. Advertiser represents and warrants that a) it has all the necessary right it the creative, which for the purposes of this section includes material accessed by clicking on the creative; b) the creative is free of any "warn", "virus" or other disabling devices (as such forms are understand in the computer industry). c) The creative does not violate any applicable law or regulation, and d) the creative does not violate or infringe upon any third party right. Advertisement acknowledge that Tarsan MVAS is relying on the foregoing representations and warranties and that such reliance is based on Tarsan MVAS understanding that Advertiser is familiar with all existing and later arising laws, regulations, rights and against remedies pertaining to advertising on the internet. Advertiser agrees to indemnify, defend and hold Tarsan MVAS and the participating web sites harmless from and against any and all expenses and losses of any kind (including reasonable attorney's fees and cost) incurred in connection with any claim arising from or related to an active or alleged breach of the foregoing representations arid warranties.
Tarsan MVAS and its affiliates ad inventory, technology and services are provided "as is" and "as available" and Tarsan MVAS disclaims all warranties of any kind, whether express of implied. Tarsan MVAS shall not be liable for the acts or omissions of any advertiser or content provider or the content of any advertisement, web site or web page. Tarsan MVAS cannot guarantee the total inventory shown in the IO will be delivered. It is understood that if there is shortfall of delivery in inventory then payments to be made on pro rata basis. Tarsan MVAS, however, shall have no liability for a) any failure or delay resulting from conditions beyond Tarsan MVAS’s controls b) any failure to provide reference or access to all or any part of the advertising due to systems failures or other technological failure of Tarsan MVAS or of the Internet; c) delays in delivery and/or non-delivery of a campaign, including, without limitation, difficulties with a participating web site or sites, difficulties with a third-party ad server, or electronic malfunction; or d) errors in content or omissions in any creative or advertising materials provided by Advertiser. In no event shall Tarsan MVAS be liable for special, Indirect, Incidental or consequential damages. It is understood that Tarsan MVAS s acting as a middleman and is in no way responsible for any misdeeds done by any of its publishers. Consequently, Tarsan MVAS will not be liable in anyway on account of any unauthorised action by any publisher/affiliate/network.
Law and Jurisdiction: All disputes arising between the parties as to the interpretation, operation, or effect of any clause in this deed or any other difference arising between the parties, which cannot be mutually resolved, shall be referred to the sole arbitrator chosen by the parties in writing. The decision of such an arbitrator shall be binding on the parties. The place of Arbitration shall be New Delhi. The laws of India shall be applicable and Courts of New Delhi shall have exclusive jurisdiction.
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