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Advertising Terms and Conditions

The placing of an order for the display of advertisements on (the ‘eBay Site’) by the Advertiser (or by an agent on behalf of the Advertiser (‘Agency’)) detailed in the Order Form (as defined below) signed by the Advertiser or Agency as relevant shall constitute an offer to purchase advertising space. Once receipt has been acknowledged by eBay (UK) Limited (‘eBay’), the Order Form and these Terms and Conditions shall constitute the agreement between eBay and the Advertiser or Agency, as relevant (together being this ‘Agreement’). For the purposes of this Agreement, (i) Advertisement shall mean any advertising content, code, or material provided by or on behalf of the Advertiser or Agency to eBay in an Order Form for placement on the eBay Site, including the eBay mobile site or applications on any mobile device (‘Advertisement’) and (ii) Impression shall mean the count of one impression which is downloaded in an individual user’s device and has begun to load (‘Impression’). No terms or conditions endorsed by, delivered or included in the Order Form by the Advertiser or Agency shall form part of the Agreement.

  1. Provided that Advertiser or Agency is in compliance with the provisions of this Agreement, eBay shall use commercially reasonable efforts to deliver the Advertisements set out on the Advertising Insertion Order (“Order Form”) but cannot warrant or guarantee the number of visitors to the Advertiser’s site as a result, or (ii) the time at which the Advertisements will be delivered. In the event that levels of Impressions expressly set out in the Order Form are not delivered by eBay in any given month, the parties shall use commercially reasonable efforts to come to an agreement (such as for example, delivery of Impressions in subsequent months), email being sufficient.
  2. The Advertiser or Agency shall deliver to eBay such technical and other materials, including the Advertiser Materials (as defined below), as specified in the Order Form no later than five (5) working days before the agreed release date of an Advertisement and as eBay may reasonably require from the Advertiser or Agency from time to time. Such materials shall comply with the specifications agreed under the Order Form. In the event that Advertiser Materials are not provided by the Start Date set out in the Order Form, eBay reserves the right to charge the Advertiser or Agency on a pro rata basis based on the full charges agreed under the Order Form, for each full day the Advertiser Materials are not received.
  3. The Advertiser or Agency may cancel an Order Form after that Order Form has been accepted by eBay (email being sufficient) provided that: (a) If the Advertiser or Agency cancels the order between four (4) and two (2) weeks prior to the Start Date, eBay reserves the right to charge the Advertiser or Agency fifty percent (50%) of the charges, and (b) the Advertiser or Agency cancels the order within two (2) weeks of the Start Date, eBay reserves the right to charge the Advertiser or Agency in full.
  4. Notwithstanding eBay’s acceptance of the Order Form or display of any Impressions, eBay may remove or refuse to publish or link to any material which in its sole discretion is considered defamatory, misleading, abusive, unlawful, inappropriate or otherwise in breach of this Agreement, promotes competitive services to those provided by eBay or its affiliated companies or does not comply with eBay’s technical requirements as notified to Advertiser or Agency.
  5. Where applicable, eBay may restrict or discontinue the delivery of any emails, Advertisements or other communications to any or all users containing Advertisements or promotions featuring Advertiser: (a) if eBay is satisfied in its reasonable judgement that to send such material to users may expose eBay or Advertiser to the risk of sanctions under applicable laws; or (b) if any individual user has opted out or otherwise indicated to eBay that he or she does not want to receive any Advertisements or promotions for services provided by any company other than eBay or its affiliated companies.
  6. Advertiser or Agency grants to eBay a non-exclusive, perpetual, royalty-free, world-wide licence assignable to the eBay affiliated companies to use, reproduce and display on the eBay Site and in any eBay marketing materials the Advertiser logo, content, code and material provided by or on behalf of the Advertiser (“Advertiser Materials”) and any intellectual property rights in such Advertiser Materials (eBay shall have the right to resize such Advertiser Materials as necessary for display on the eBay Site, reformat the eBay marketing materials or make any other agreed changes).
  7. Except as otherwise provided in this Agreement, as between eBay and Advertiser or Agency: (i) eBay retains all right, title and interest in and to all intellectual property rights in or associated with the eBay Site, and all eBay services (including in the layout, compilation, design, copy or organisation of the medium on which the Advertisements are to be placed) and (ii) Advertiser retains all rights, title and interest in and to all intellectual property rights in or associated with the Advertiser Materials.
  8. The Advertiser or Agency shall indemnify (and keep fully indemnified) and hold eBay and its affiliated companies harmless against any claim, action, loss, damage or proceedings brought against eBay or its affiliated companies relating to (i) the Advertiser Materials, (ii) any content, claim or promise on the Advertiser’s site, (iii) any complaints arising from Advertiser’s customers regarding the goods and/or services supplied by Advertiser and (iv) any breach of a representation, warranty or material obligation of Advertiser or Agency in this Agreement (including but not limited to clause 9).
  9. Advertiser or Agency warrants, represents and shall ensure that it is the owner of the Advertiser Materials or that it has permission from the owner of the Advertiser Materials to provide them to eBay for display in the Advertisements and that (a) the Advertiser Materials (b) any content or website linked to from the Advertiser Materials or the Advertisements or other communications to users such as but not limited to emails or promotions and (c) all goods or services supplied by Advertiser: (i) will not infringe the rights of any third party, including but not limited to any intellectual property rights or rights of privacy; (ii) will not link to products or services that infringe the rights of any third party, including any intellectual property rights of any third party (including but not limited to unlawful and counterfeit items); (iii) will be up-to-date and accurate; (iv) will not be misleading, deceptive, involve any misrepresentation, or imply or represent that any party has approval or sponsorship of another party that it does not have; (v) will not be defamatory; (vi) will not contain any virus, trojan horse, malicious code or any other damaging component(s) or programming routines which are intended to damage, interfere or intercept any computer system or extract any data or personal data (for the latter, except as expressly authorised under this Agreement); (vii) will not contain any information or content that is illegal, contrary to any industry code, indecent, obscene, threatening, harassing, discriminatory or in breach of confidentiality; and (viii) will not breach any applicable laws (for example relating to gambling, financial services, data protection and advertising), including those laws of the country(ies) of the eBay Site or codes of practice (including the codes published by the Advertising Standards Agency); (ix) it has obtained all necessary rights, consents, licences or clearances in relation to the publication of the Advertiser Materials and has complied with all guidance of relevant regulatory bodies and (x) nothing in the coding or other configuration of any linked websites will act so as to disable the “back” button on a user internet browser. Advertiser or Agency shall maintain the URLs it has provided for linking to an Advertisement for the duration of the Advertisement and ensure that the websites and documents linked to are available for the duration of the Advertisement. If a party finds that there are any disruptions in the linking of online Advertisements, it will inform the other party immediately. eBay may suspend the placement of the online Advertisements for the duration of the disruption of a link.
  10. Except as expressly provided in this Agreement and to the extent permitted by law, no warranty, condition, undertaking or term expressed or implied is given or assumed by either party and all such warranties, conditions, undertakings, and terms are hereby excluded. In particular, Advertiser acknowledges that eBay does not review content or information provided by users of the eBay Site and that eBay gives no warranty or undertaking in relation to the display of any such content or information, including in relation to any search results displayed on the eBay Site.
  11. Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their agents or employees. eBay shall not be liable to the Advertiser or Agency for any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement, for loss of profit or for any indirect, special or consequential loss or damage, cost, expense or other claim of compensation whatsoever (whether caused by the negligence of eBay, its employees, agents or otherwise) arising from the services provided by eBay under this Agreement. eBay’s maximum aggregate liability arising out of or in connection with  an Order Form shall be limited to the total amount payable for the services provided by eBay under such Order Form.
  12. If an Agency represents the Advertiser by signing the Order Form on behalf of Advertiser, (i) Agency represents and warrants to eBay that it is authorised to enter into this Agreement for and on behalf of the Advertiser; and (ii) Agency shall inform eBay of Advertiser’s name. Agency shall be solely responsible for making the Advertiser aware of this Agreement.
  13. All charges due under this Agreement shall be payable within 30 days of the date of invoice. The first invoice shall be issued within 30 days of the end of the calendar month in which the first Advertisement is provided and then on a monthly basis. The invoice(s) shall relate to the advertising and services delivered up to the date indicated, the charges for which shall be calculated on a pro-rata basis. The Advertiser or Agency shall make all payments due under an invoice without any deduction, whether by way of set-off, counterclaim, discount or otherwise. In the event that the charges are calculated on the basis of a mutually agreed measurement as set out in the Order Form, eBay shall provide evidence of the relevant measurement at the Advertiser or Agency’s request. eBay’s reporting system on such measurements (including click-through rates and Impressions if agreed in the Order Form) shall be the basis for the calculation of the charges due under this Agreement. In the event that eBay’s ad server measurements are higher than those produced by Advertiser or Agency’s ad server by more than 10% over the invoice period (or in the event of mobile offers, by more than 30%), eBay and Agency or Advertiser will use commercially reasonable efforts, including providing evidence and log files to the other, to resolve such discrepancy. In the event that the discrepancy cannot be resolved within 10 business days following the end of the relevant month, each party will have the right to appoint an independent third party auditor to audit and inspect copies of all such measurements, provided that (a) the auditing party gives at least 10 days' prior written notice; (b) any such audit is conducted during normal business hours and (c) all non-public or internal information revealed by any audit is kept confidential. In the event that any audit reveals (i) an under payment of five percent or more of the agreed amounts to be paid, the Advertiser or Agency shall within 30 days following the audit pay the amount of such underpayment, (ii) an overpayment of five percent or more of the agreed amounts to be paid, eBay shall issue a credit note or refund the overpayment as agreed between the parties. All payment shall be made in the currency as specified and used in the invoice. eBay shall be entitled to charge the Advertiser or Agency interest on overdue amounts, from the due date up to the date of actual payment, at the rate of 2% per annum above the base rate of Barclays Bank plc. If full payment is not made within 30 days of invoice, eBay has the right to direct eBay Payments Entities to collect any outstanding owed amounts from the Advertiser in accordance with the Payments Terms of Use | (Section 9).
  14. All amounts in this Agreement are exclusive of VAT. Applicable VAT will be payable in addition.  Each party is responsible for its own taxes (including but not limited to penalties, fines, charges, or late payment interests).  Advertiser or Agency claiming a VAT reverse charge due to cross-border supply of services must provide a valid VAT identification number (ID). In providing a VAT ID number or other relevant proof the Advertiser or Agency warrants that it is a taxable person receiving the services, and that these services are used for business purposes in the country of establishment of the Advertiser or Agency. Advertiser or Agency shall indemnify eBay for any costs incurred, including but not limited to tax, penalties and interest, levied by any competent tax authority due to Advertiser or Agency’s provision of an incorrect VAT ID number or other relevant proof.
  15. This Agreement shall terminate automatically on the End Date specified in the Order Form or as otherwise specified in the Order Form. eBay shall be entitled to immediately terminate this Agreement by notice in writing and remove any Advertisements from its Site(s) without notice in the event it deems, in its sole discretion, that it is likely to incur liability as a result of the Advertisement or Advertiser Materials or any act or omission or breach of this Agreement by the Advertiser or Agency. Either party may terminate this Agreement in the event that (i) the other party becomes insolvent or is subject to liquidation, administration or any such similar procedure in any jurisdiction or (ii) the other party commits a material breach of any of its obligations and fails to remedy the breach within 14 days of receipt of written notice. If eBay terminates this Agreement pursuant to this clause any monies then already paid to eBay pursuant to this Agreement shall be non refundable. Any termination of this Agreement for any reason shall be without prejudice to the Advertiser’s obligations pursuant to clauses 7 and 8.
  16. eBay shall not be liable to the Advertiser or Agency nor deemed to be in breach of this Agreement due to any delay in performing, or failure to perform, any of eBay’s obligations under this Agreement if the delay or failure was due to any cause beyond eBay’s reasonable control including without limitation any act of God, explosion, flood, tempest, fire or accident; war or threat of war, terrorism, insurrection, sabotage, civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the party of any governmental or local authority or other competent authority; strikes, lock-outs or other industrial actions or trade disputes; or telecommunication, internet, IT equipment or software or power failure.
  17. The parties shall comply with all applicable data protection laws, regulation and regulatory guidelines (including but not limited to the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (SI 2011/1208) and the General Data Protection Regulation (EU 2016/679), as amended and updated from time to time). Advertiser or Agency may use browser cookies to track Impressions, conversions or page views for the application of analytics only (‘Browser Cookies’). The use of all other cookies shall be subject to eBay’s prior written approval (e-mail approval being sufficient). In any event, Advertiser or Agency shall not use any other method of collecting and tracking both non-personal and personal data. For collection authorised under this clause 17, Advertiser or Agency may use a third party to collect the data by smart tags or cookie dropping on the eBay, mobile and related sites (subject however to eBay prior written consent for mobile offers). eBay shall own the data obtained by Advertiser or Agency on the eBay, mobile and related Sites through the use of Browser Cookies or cookies authorised under this clause 17. Advertiser or Agency shall not use such data for any purpose other than tracking Impressions, conversions or page views. Advertiser or Agency shall not disclose such data to third parties (in the case of Agency, excluding the Advertiser) without eBay’s prior written consent, unless they are users of the eBay Site or linked website(s) and have a right to request the data. Advertiser or Agency shall store and process all data collected under this clause 17 in compliance with all applicable laws.

    Advertiser or Agency warrant and represent that it shall inform, and be solely responsible for informing, its users and if required obtaining their consent under any applicable laws, including those laws mentioned in this clause 17, in particular, with respect to: (i) any personal data accessed, collected and/or otherwise processed by Advertiser or Agency and/or any personal data transferred to eBay by Advertiser or Agency; and (ii) any tracking that occurs via the conversion pixel or other pixel on Advertiser or Agency’s site for, but not limited to, the following processing activities: look-alike-audience, conversion tracking, and retargeting. Advertiser or Agency warrant and represent that it shall comply, and be solely responsible for compliance, with any applicable terms and/or policies, including those relating to data transfer and retention, of any third parties involved in the data collection or transfer such as, but not limited to, Google and AppNexus.

  18. eBay shall have the right to perform its obligations or to exercise its rights through its authorised agent or any affiliated company.
  19. If any provision of this Agreement is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected. No failure or delay by eBay in exercising any of its right shall be deemed a waiver of that right, and no waiver by eBay of any breach of the Agreement by the Advertiser or Agency shall be considered a waiver of any subsequent breach of the same or any other provision.
  20. This Agreement including the Order Form contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between the parties in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of this Agreement. Each party confirms that, in agreeing to enter into this Agreement, it has not relied on any representation save insofar as the same has expressly been made a representation in this Agreement and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of this Agreement save that this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of this Agreement. No amendment to these Terms and Conditions shall be binding on the parties unless made in writing and signed by a duly authorised representative of each of the parties. The Order Form (but not the Terms and Conditions) may be amended by written agreement between the parties (mutual agreement by email being sufficient). Any additional terms that an Advertiser or Agency may seek to impose shall be void and/or unenforceable. A person who is not a party to this Agreement has no rights to rely upon or enforce any term of this Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise). Nothing in this Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between the parties.
  21. In the event of any inconsistency between these Terms and Conditions and the Order Form, the Terms and Conditions shall apply to the extent of any conflict. Notwithstanding the foregoing, in the event that the parties have entered into a master services agreement, such agreement shall apply to the extent of any conflict with these Terms and Conditions and the Order Form.
  22. Each party undertakes that it will not at any time disclose to any person, except to its professional representatives or as may be required by law or any legal or regulatory authority, this Agreement and to keep confidential any information concerning the business or affairs of the other party (and in the case of eBay of its affiliated companies). The Advertiser or Agency shall keep confidential all statistical or other data provided to it by eBay in connection with the placement of any Advertisement on the eBay Site, acknowledges that such data is and will remain the property of eBay, and shall not disclose such data to any third party without eBay’s consent (however, Agency may disclose such data to Advertiser, subject to the Advertiser keeping such data confidential). Neither party shall make any announcement relating to this Agreement without the prior written approval of the other party.
  23. Neither party may assign this Agreement without the prior written consent of the other party, such consent not be unreasonably withheld or delayed, provided that eBay shall have the right to assign this Agreement to any affiliated company, including subsidiaries and holding companies, and any subsidiaries of any of its holding companies on written notice.
  24. This Agreement shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.

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