Amendment to the 4A’s/IAB Standard Terms and Conditions Version 3.0
This Amendment is effective on July 9, 2018. OwnerIQ reserves the right to update and/or change this Amendment, and such updates/changes will be listed here with the effective date. Advertiser/Agency’s continued use of OwnerIQ’s services hereunder will be in accordance with the version effective for any signed Insertion Order which links to this page.
1. In the event of an inconsistency between this Amendment and the Terms, the terms of this Amendment will prevail. Where Advertiser is purchasing directly from Media Company, all references to Agency (where applicable and where the context makes sense) refers to Advertiser.
2. Re: Section III [Payment and Payment Liability – Payment Date]: The following language is hereby added after the first sentence in Section III(b):
“Notwithstanding the foregoing, Media Company has the right to seek payment directly from Advertiser, without notice to Agency, if Media Company has not received payment within 90 days from the delivery of the invoice to Agency.”
3. Re: Section III [Payment and Payment Liability]: The following new Section II(d) is hereby added:
“d. Suspension by Media Company. Media Company may suspend any Insertion Order without prior notice if Agency or Advertiser fails to pay Fees invoiced by Media Company within forty-five (45) days following the payment due date.”
4. Re: Section V [Cancellation and Termination]: The following language is hereby added after the first sentence in Section V(a)(iv):
‘“Customer Material” includes custom creative services, CRM onboarding services, and reporting suite services.”
5. Re: Section V [Cancellation and Termination – Without Cause]: Section V(c) is deleted in its entirety and is replaced with the following new language:
“c. Termination by Media Company. If these Terms and/or an IO is terminated by Media Company due to Agency or Advertiser’s breach, Advertiser is required to pay Media Company all fees due under these Terms and/or the IO within ten (10) days of the effective date of such termination.”
6. Re: Section XVI [Miscellaneous]: The term “Massachusetts” is added to the fill-in blanks in Section XIV(d).