.Terms-Conditions-Advertising Materials

Terms and Conditions

ADVERTISING MATERIALS

Welcome to Indiapropertymarkets.com

Please read these terms and conditions before placing ad or ads materials @I-Platform.

These Indiapropertymarkets.com Advertising Terms and Conditions, together with any “Advertiser Agreement” (collectively this “Agreement”) executed by the parties, shall govern Advertiser’s purchase of Ad or Ads from Indiapropertymarkets.com, its subsidiaries and affiliates (collectively, “IPM OR I-PLATFORM OR www.indiapropertymarkets.com”). Any reservation, booking or scheduled campaign will only become binding when the Advertiser Agreement is accepted and signed (or electronically authorized) by the Advertiser and Indiapropertymarkets.com. Indiapropertymarkets.com and Advertiser are sometimes referred to individually as a “Party” and collectively as the “Parties”.

1. INSERTION ORDERS (AD-INVENTORY) AND ACCEPTANCE

a. Insertion Order Details From time to time, IPM and Advertiser may execute Insertion Orders/Ad-Inventory i.e. subscribed plans, Impressions, Clicks, or other desired actions, pursuant to which IPM will deliver Ads on the IPM Platform. Each Insertion Orders will specify:

(i) the type(s) and amount(s) of Deliverables (as defined below),

(ii) the price(s) for such Deliverables,

(iii) the maximum or minimum amount of money to be spent pursuant to subscribed Insertion Orders,

(iv) the start and end dates of the campaign on the platform, and

(v) the identity of and contact information for any Third Party Ad Server, if applicable. Third Party Ad Servers may only be used if agreed upon by both parties and specified on the Insertion Orders.

(vi) in respect of Performance Campaigns, all success metrics;

(vii) Other items that may be included are, but not limited to reporting requirements, any special Ad delivery scheduling and/or Ad placement requirements and specifications concerning ownership of data collected.

b. Acceptance Acceptance of the Insertion Orders and these Terms will be deemed the earlier of;

(i) Execution of the Insertion Orders by IPM and Advertiser or;

(ii) the display of the first Ad impression by IPM, unless otherwise agreed on the Insertion Orders.

Any revisions or modifications to an executed Insertion Orders will not be binding unless made in writing and signed by both parties. In the event of any conflict or inconsistency between any Insertion Orders and these Terms, the Insertion Order terms will control these terms.

2. ADVERTISING MATERIALS AND DELIVERABLES

a. Compliance with Insertion Order – IPM will deliver the Ad or Ads in accordance with these Terms and the specifications set forth in the Insertion Orders, including but not limited to, size and placement (“Ad Specifications”). IPM will use commercially reasonable efforts to create a balanced delivery schedule. Any exceptions will be approved by Advertiser in writing. Notwithstanding the foregoing, IPM, at its sole discretion, will determine any Ad Specifications not specified on the Insertion Orders.

b. Changes to the IPM Network – IPM will use commercially reasonable efforts to provide Advertiser at least 10 business days prior notification of any material or Technical changes to the IPM Network that would materially change the target audience or materially affect the size or placement of the Ad specified on the applicable Insertion Orders.

c. Ad Material due date and Technical Specifications The Advertiser is responsible for ensuring that all appropriate Ad material and relevant information is provided to IPM;

    1. Non-rich media – three (7) working days prior to the start date of the campaign.
    2. Rich media – seven (10) working days prior to the start date of the campaign
    3. IPM will provide Advertiser with final technical specifications and approvals as specified and acceptance of an Insertion Orders. Changes by IPM to the specifications of already-purchased Ads after that 7 & 10 working day period will allow Advertiser to suspend delivery of the subscribed or booked Ad or Ads for a reasonable time in order to;

(a) send revised Advertising Materials or;

(b) accept a comparable Ad or Ads replacement.

In such event, the end date for any campaign involving suspended Ad or Ads will be extended by a period equal to the period of the suspension.

d. Content Standards IPM will use commercially reasonable efforts to not place Ad or Ads in it’s Network Platform the category of Ad or Ads that promotes illegal activity, pornography, violence, hate speech, or the use of firearms, or contains obscene language (“Content Standards”), although IPM and its partners will at all times retain editorial control over the IPM Network Platform. Should Ad or Ads appear on the IPM Network in violation of the Content Standards set-forth by IPM, Advertiser’s sole and exclusive remedy is to remove the Ad or Ads with Immediate Effect, failure to do so can result in Black-listing such Advertiser and removing current and future Ad or Ads placement on the IPM Platform without any further notice.

3. AD MATERIALS SPECIFICATION & SUBMISSION

i. Material Creative Specifications– The Advertiser is to ensure that all Ad material complies with the specifications shown READ HERE–Media Kit Ads. Any Material is subject to the final approval of IPM.

ii. Submission – Advertiser will submit Advertising Materials in accordance with this Agreement and IPM’s then-existing Standard & Policies.

iii. Changes to the IPM Network – IPM will use commercially reasonable efforts to provide Advertiser at least 10 business days prior notification of any material changes to the IPM Network that would materially change the target audience or materially affect the size or placement of the Ad specified on the applicable Insertion Order.

iv. Late Creative Submission – If Advertising Materials are not received by the Insertion Order start date, damaged, not to IMP’s specifications, or otherwise unacceptable, IPM will begin to charge the Advertiser on the Insertion Order start date on a pro-rata or 1st come 1st serve basis based on the full Insertion Order, excluding portions consisting of performance-based, non-guaranteed inventory, for each full day the Advertising Materials are not received. In this event, IPM is not required to guarantee full delivery of the Insertion Order.

v. Compliance – IPM reserves the right within its discretion to reject or remove from the IPM Network Platform any Ad or Ads for which the Advertising Materials, software code associated with the Advertising Materials (e.g. pixels, tags, JavaScript), or the website to which the Ad or Ads is linked do not comply with its Policies, or that in IPM’s sole reasonable judgment, do not comply with any applicable law, regulation, industry standards or judicial or administrative order. In addition, IPM reserves the right within its discretion to reject or remove from the IPM Network any Ad or Ads for which the Advertising Materials or the website to which the Ad or Ads is linked are, or may tend to bring, disparagement, ridicule, or scorn upon IPM.

vi. No Modification – IPM will use all Ad or Ads in strict compliance with the Agreement.

vii. Ad Tags When applicable, Third Party Ad Server tags will be implemented so that they are effectively functional in all aspects.

4. INCOMPLETION, CANCELLATION, TERMINATION

a. Termination without Cause – Unless designated on the Insertion Order as non-cancelable, Advertiser may cancel the entire Insertion Order, or any portion thereof, as follows:

i. With 21 days’ prior written notice to IPM, without penalty, for any guaranteed or non-guaranteed Deliverables. For clarity and by way of example, if Advertiser cancels the guaranteed portions of the Insertion Order Ten (10) days prior to serving of the first impression, Advertiser will only be responsible for the first eight (5) days of those Deliverables.

ii. With 30 days’ prior written notice to IPM, without penalty, for any flat fee -based or fixed-placement Deliverable, including, but not limited to, roadblocks, time- based or share-of-voice buys, and some types of cancelable sponsorships.

iii. Advertiser will remain liable to IPM for amounts due for any custom content or Registration charges or development (“Custom Material”) provided to Advertiser or completed by IPM or its third-party vendor prior to the effective date of termination. For Insertion Orders that contemplate the provision or creation of Custom Material, IPM will specify the amounts due for such Custom Material as a separate line item.

iv. Termination for Cause –Either IPM or Advertiser may terminate an Insertion Order at any time if the other party is in material breach of its obligations hereunder, which breach is not cured within 10 business days after receipt of written notice thereof from the non-breaching party, except as otherwise stated in the Agreement with regard to specific breaches. Additionally, IPM may suspend delivery of Ad or Ads under any and all Insertion Orders immediately upon written notice to Advertiser in the event of any failure by Advertiser to make any payment hereunder when due (and, if IPM elects to suspend delivery of any Ad or Ads, the end date specified in the applicable Insertion Order will be extended by a number of days equal to the period of suspension).

v. Termination of Agreement– The Advertiser may terminate the Agreement in the event of IPM’s material breach of the Advertiser Agreement, upon forty-eight (48) hours’ notice to IPM if such breach remains uncured after the expiration of such forty-eight (48) hours;

vi. If the Advertiser does not complete or stops the Agreement at any time after the Start date and before the Campaign end date, IPM reserves the right to charge for 100% of the balance of the value of the Campaign and any and all costs incurred by it in connection with the Campaign.

vii. The Advertiser agrees that it has no right to cancel a Campaign solely on performance grounds if IPM has not received the third party reports requested for the respective Campaign.

viii. Effects of Termination – Sections 10(c), 12, 13, 14 and 15 will survive the termination or expiration of this Agreement.

5. REPRESENTATIONS

a. IPM – IPM hereby represents and warrants to Advertiser that IPM has;

 

(i) all necessary power and authority to enter into this Agreement and that;

(ii) IPM’s execution of this Agreement and performance of its obligations hereunder do not and will not violate any agreement to which it is a party or by which it is bound.

b. Advertiser – Advertiser hereby represents and warrants to IPM that;

(i) Advertiser’s execution of this Agreement and performance of its obligations hereunder do not and will not violate any agreement to which it is a party or by which it is bound; and that;

(ii) Advertiser has all necessary licenses and clearances to use the content contained in the Ad or Ads and Advertising Materials as specified on the Insertion Order and subject to these Terms and Conditions, including any applicable Policies.

6. PAYMENT AND PAYMENT LIABILITY

a. Invoices – IPM’s Platform policy is pay as you go i.e. Pay & Use the platform, IPM will collect all payment in advance and submit the receipt for the same with each receipt with a report setting forth IPM’s summary of the Deliverables during the period covered by each invoice.

b. Payment Date – Advertiser will make 100% advance payment before the launch of the Ad-campaign schedule.

7. ADVERTISING CAMPAIGN REPORTING

a. Confirmation of Campaign Initiation – IPM will provide confirmation to Advertiser within two (2) working days of the start date on the Insertion Order, either electronically or in writing, stating whether the Ad or Ads detailed on the Insertion Order have begun delivery.

b. IPM Reporting – If IPM is serving the campaign and if requested by Advertiser, IPM will make reporting available to Advertiser on weekly or monthly basis, either electronically or in writing, unless otherwise specified on the Insertion Order. Reports will be broken out by day and summarized by creative execution, Ad or Ads placement, impressions, clicks, spend/cost, and other variables as may be defined on the Insertion Order. Once IPM has provided the online or electronic report, it agrees that Advertiser is entitled to reasonably rely on it, subject to provision of IPM’s invoice for such period. If Advertiser informs IPM that IPM has delivered an incomplete or inaccurate report, or no report at all, IPM will cure such failure within five (5) working days of receipt of such notice.

c. Usage Statistics – The data used by IPM for the purpose of invoicing the Advertiser shall be based solely upon the advertising and reporting systems used by IPM. The Advertiser acknowledges that delivery statistics provided by IPM are the official, definitive measurements of performance on any delivery obligations provided in the Advertising Agreement. In the event of discrepancy between the purchased inventory and the actual number of Advertisements delivered by IPM, the Advertiser is liable to pay for the Advertised inventory booked provided the under-delivery is not more than 5% of the purchased inventory. Notwithstanding any provisions of the Advertising Agreement, the Advertiser acknowledges that IPM does not make any guarantees with respect to usage statistics or levels of impressions for any Advertisement, and only provides the Advertiser with estimated usage statistics as a courtesy to the Advertiser and will not be held liable for any claims relating to any usage statistics however supplied.

d. Calculations– IPM will be the sole arbiter in determining the number of impressions, clicks, actions or other applicable metric, delivered, shown, produced, clicked on, or viewed. IPM will be solely responsible for determining charges to Advertiser. Charges will be determined on impressions, clicks, actions etc. delivered, published or placement on platform, which may be less than, or equal to, the amounts in the Advertiser Agreement.

e. Suspension of Services– IPM may suspend this Agreement and the Advertiser’s access to the Network Platform without notice;

(a) if Advertiser fails to pay Fees invoiced in advance as per Payment plan subscribed following the invoice date (if applicable or not paid in advance) or;

(b) upon IPM’s reasonable belief that Advertiser has breached any of its representations or warranties.

8. INDEMNIFICATION

a. IPM – IPM will defend, indemnify and hold harmless Advertiser and each of its Affiliates and Representatives (“Advertiser Indemnified Parties”) from damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) resulting from any claim, judgment, or proceeding (collectively, “Claims”) brought by a third party and resulting from IPM’s breach of the IPM’s representations, warranties, covenants and/or obligations as set forth in this Agreement. Notwithstanding the foregoing, IPM will not be liable for any Losses resulting from Claims to the extent that such Claims result from IPM’s customization of Ad or Ads or Advertising Materials based upon detailed specifications, materials, or information provided by the Advertiser Indemnified Parties.

b. Advertiser – Advertiser will defend, indemnify, and hold harmless IPM and each of its Affiliates and Representatives from Losses resulting from any Claims brought by a third party resulting from;

(i)Advertiser’s breach of the Agreement,

(ii)Advertiser’s violation of Policies or

(iii) the content or subject matter of any Ad or Advertising Materials to the extent used by IPM in accordance with these Terms or an Insertion Orders.

c. Procedure – The indemnified party(s) will promptly notify the indemnifying party of all Claims of which it becomes aware (provided that a failure or delay in providing such notice will not relieve the indemnifying party’s obligations except to the extent such party is prejudiced by such failure or delay), and will: (i) provide reasonable cooperation to the indemnifying party at the indemnifying party’s expense in connection with the defense or settlement of all Claims; and (ii) be entitled to participate at its own expense in the defense of all Claims. The indemnified party(s) agrees that the indemnifying party will have sole and exclusive control over the defense and settlement of all Claims; provided, however, the indemnifying party will not acquiesce to any judgment or enter into any settlement, either of which imposes any obligation or liability on an indemnified party(s) without its prior written consent.

d. Notices – Any notice required to be delivered hereunder will be deemed delivered 5 (five) days after deposit, postage paid, in Indian mail delivery system/speed post, return receipt requested, one working day if sent by overnight courier service, and immediately if sent electronically or by fax. Notices will be sent to the addresses specified under each Party’s signature on the Insertion Order. Any Party may change its address for notice and the address to which copies must be sent by giving notice of the new addresses to the other Parties in accordance with this Section 6(d), except that any such change of address notice will not be effective unless and until received.

9. LIMITATION OF LIABILITY

IPM WILL NOT BE LIABLE TO ADVERTISER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IPM’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNT PAID BY ADVERTISER TO IPM DURING THE TWELVE MONTHS PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO ADVERTISER’S CLAIM.

Definitions

For the purposes of this Agreement, the following terms shall have the meanings given to them below:

  • “Ad or Advertising Materials” or “Advertisement” means general creative material comprised of text based Artwork, copy, graphical, interactive, rich media, video or other online advertisements, including, without limitation, banners, buttons, towers, listing list, skyscrapers, pop-ups, pop-unders, video advertisements or active URLs for Ad or ADS to be displayed on IPM Platform.
  • “Advertiser” means the person or entity wishing to advertise with IPM platform and listed on the applicable Insertion Order as “Advertiser” in the associated Advertiser Agreement(s).
  • “Agreement” means the Terms & Condition and any Insertion Orders.
  • “Insertion Order” means a mutually agreed Ad or Ads insertion placement that incorporates the Terms, under which IPM will deliver Ad or Ads for the benefit of Advertiser.
  • “Deliverable” or “Deliverables” means the Ad or Ads inventory delivered by IPM (e.g., impressions, clicks, banner ads, listing ads or other desired actions).
  • “Policies” means advertising criteria or specifications made conspicuously available, including content limitations, technical specifications, privacy policies, user experience policies, policies regarding consistency with IPM’s public image, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the IPM Network Platform on which the ad or Ads are to appear), other content or advertising policies.
  • “Third Party Ad Server” means a third party’s system that will serve and/or track Ads.
  • “IPM Network Platform” means the websites and mobile applications owned or operated by IPM (www.indiapropertymarkets.com) i.e. New Horizon Realty Tech Ventures, for which IPM has a contractual right to serve Ad or Ads or for which IPM provides a real estate & Allied product search experience.
  • “Campaign” is the basic unit of business between an Advertiser and IPM. Each campaign may be categorized as a Banner placement, CPM Campaign, CPC Campaign, Performance Campaign and Creative Service Campaign or other Campaign so agreed between the Advertiser and IPM.
  • “Confidential Information” may include, without limitation, product information, data, pricing, financial information, end-user information, software, specifications, research and development or other material that is clearly and conspicuously marked as “confidential” or with a similar designation.
  • “Fees” means those certain fees indicated in the associated Advertiser Agreement(s).
  • “Network Platform” means the websites owned or operated by IPM.
  • “Non-rich media” means non interactive ad material (e.g. not video) and is usually in flat leaderboard or MREC (medium rectangle) format ad placement.
  • “Rich media” means interactive and audio visual elements incorporated into the ad, to give richer content and experience for audience and clients.
  • “Term” means the term set out in the Advertiser Agreement by IPM.

For Querries & Support

For Any Querries, Clarification or Support, please reach our below mentioned concerned department via email or online chat system;

Mr.Yogesh Thakur (Support Officer)

Email – [email protected]

G-7, N-block, Saket,

New Delhi – 110017,

India.

www.indiapropertymarkets.com
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