Service Order for Publishers

This Service Order for Publishers (“Service Order”) is entered by and between Digital Turbine (IL) Ltd. (formerly Fyber Monetization Ltd.), with offices at 4 Hapsagot Street, Petach-Tikva 4951447, Israel (“DT” or “Fyber”) and the publisher accepting this Service Order during the registration process via the DT dashboard (the “Supply Partner”), effective on the date of acceptance of this Service Order by Supply Partner (the “Service Order Effective Date”). This Service Order is made pursuant to and incorporates the terms and conditions of the Master Services Agreement for Supply Partners available at https://www.digitalturbine.com/msa-supply-fyber/ (the “MSA”). Capitalized terms not defined in this Service Order shall have the same meaning ascribe to them in the MSA. In case of any discrepancy or conflict between the terms of this Service Order and the MSA, the terms of this Service Order shall prevail. In case of any discrepancy or conflict between the terms of an offline Service Order and the default online Service Order, the terms of the offline Service Order shall prevail.

 

If you have accepted this Service Order during the registration process via the DT dashboard, then the following terms shall apply:

 

IF YOU DO NOT ACCEPT THIS SERVICE ORDER IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE ANY SERVICE. IF YOU ARE AN INDIVIDUAL WHO CONSENTS THIS SERVICE ORDER ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THE AGREEMENT, AND THAT YOUR CONSENT TO THIS SERVICE ORDER WILL BE TREATED AS THE CONSENT OF THE BUSINESS. IN THAT EVENT, THE TERMS “BUSINESS”, “YOU” OR “YOUR” WILL REFER AND APPLY TO YOU AND TO THAT BUSINESS. YOU ALSO CONSENT TO THE USE OF: (A) ELECTRONIC MEANS TO CONSENT TO AND COMPLETE THIS SERVICE ORDER, AND TO PROVIDE YOU WITH ANY NOTICES GIVEN PURSUANT TO THIS SERVICE ORDER; AND (B) ELECTRONIC RECORDS TO STORE INFORMATION RELATED TO THIS SERVICE ORDER AND YOUR USE OF ANY SERVICE.

 

    1. 1. DT FairBid. Subject to the terms of the Agreement, the DT FairBid Service enables Supply Partner to use DT’s mediation technology to integrate, manage and optimize multiple mediated Ad networks, with whom Supply Partner has entered into a written agreement regarding the placement of Ads on its Property (the “DT FairBid” or the “Service”).
    2. 2. DT Exchange. Subject to the terms of the Agreement, the DT Exchange Service enables Supply Partner to make its Property’s Ad Inventory available for purchase, via a programmatic auction, to DT’s DSPs and for such demand partners to deliver Ads to the Property programmatically. The Service may include account management services, optimization, fraud detection, campaign management and the compilation of relevant statistical data (collectively, the “DT Exchange” or the “Service”).
    3. 3. Business and Payment Terms.

      3.1 DT FairBid is provided to Supply Partner free of charge. As DT is not a party to advertising agreements between Supply Partner and its mediated Ad networks regarding the placement of Ads via the DT FairBid, Supply Partner will invoice and collect payments that are related to Ad delivery on its Property directly from such mediated Ad networks.

      3.2 DT Exchange. Subject to the terms of the Agreement, whenever DT is serving Ads on the Property via the DT Exchange, DT will: (a) be responsible for tracking, invoicing and the collection of all Revenue payable by Demand Partners for Ads delivered on the Property; and (b) pay Supply Partner a monthly revenue share of sixty-five percent (65%) of the Net Revenue (the “Supply Partner Revenue Share”) within sixty (60) calendar days after the end of each calendar month, in US$, subject to invoice. Additional currency may be available subject to Supply Partner bearing any currency conversion fee.

    1. 4. Reporting. DT will provide Supply Partner, at no additional charge, with a password-protected web page to DT’s user interface dashboard where Supply Partner will be able to access all records of its Ad Inventory that were sold to Demand Partners and mediated Ad networks delivering Ads on its Property, including Ad Impression reports and revenue reports (collectively, these reports are the “Supply Partner Reporting”). Supply Partner acknowledges that all numbers displayed in the Supply Partner Reporting are estimates and do not represent final numbers for billing purposes. Supply Partner will be able to view in its Account(s) certain Demand Partner Data and mediated Ad networks data with respect to the Ads served by the applicable Demand Partner on the Property. For the purpose herein “Demand Partner Data” means all data Demand Partner submit to DT in a Bid for a single Ad Impression, including the Ad content.
    2. 5. Supply Partner Obligations. Supply Partner shall use the Demand Partner Data in the Account only for its internal business purposes in connection with the Service.
    3. 6. Disclaimer. DT is not a party to advertising agreements and other legal relationships between Supply Partner and the mediated Ad networks regarding the placement of Ads on the Property via the DT FairBid or for any data processing activities performed by such Ad networks. DT does not assume any responsibility and is not subject to any liability regarding such agreements and legal relationships of Supply Partner.
    4. 7. Supply Partner Representations and Warranties. Supply Partner hereby represents and warrants that (i) Supply Partner has a valid agreement and account with the respective mediated Ad network (the “Mediation Account”); and (ii) Supply Partner will provide DT with the necessary access data to its Mediation Account, and hereby authorizes DT to access, retrieve, and make relevant data (e.g. reporting API) available in the Account.
    5. 8. Fraud. Neither Demand Partners nor DT are obligated to pay the Supply Partner Revenue Share, or any part thereof, for Ad Impressions (or other payable activities, as the case may be) generated by Fraud. Any Revenue determined by DT as being generated by Fraud will be deducted from the payable Supply Partner Revenue Share. DT may use third party service providers for Fraud detection and may disclose the identity of Supply Partner to such third parties as part of any Fraud investigation in connection with Supply Partner’s Account.
    6. 9. Term and Termination. This Service Order shall remain in force and effect until the earlier of (a) it has been terminated in accordance with this Section, or (b) it has been terminated in accordance with Section 10.3 of the MSA. Either party may terminate this Service Order for convenience upon 48 hours prior written notice to the other party.