Standard Terms and Conditions
1. Term. The term of this Agreement shall commence on the date of the signing of this
Agreement and shall renew for one (1) year periods automatically thereafter. Either party
may terminate this Agreement upon a thirty (30) day written notice. If Publisher provides
notice of termination and has not ceased use of MM’s Services, technology, or parts thereof
after the effective date of termination, MM may, in its sole discretion, continue billing
Publisher and third party advertising sources as applicable under the terms of this
Agreement.
2. Multivariate Testing of Advertising Technologies. In the event that Publisher tests MM’s
Services against a competitive advertising technology, valid statistical methods and
procedures shall be used. After such a test, MM may, in its sole discretion, produce a written
case study from such multivariate testing to share with prospective clients which may
contain, but is not limited to a description of techniques used, as well as advertising revenue
lift and performance comparisons. Prior to any sort of public release of such case study, MM
will provide Publisher with a draft for consideration and comment. MM may, in its sole
discretion, take such comments into account in finalizing the case study.
3. Payment Handling & Payment Terms. Publisher hereby expressly authorizes MM to
invoice, bill, and collect from third party advertising sources for inventory sold pursuant to this
Agreement. In some cases, third party advertising sources require that payment is issued
directly to Publisher. Accounting departments of each Party will coordinate to designate
which Party handles the billing of each third party advertising source. Where either Party is
handling and managing billing of third party advertising sources, the receiving Party shall
issue payment (or credit if there is an outstanding balance) from the other Party within the
Payment Term. Each Party acknowledges that certain third party advertising partners have
payment terms that exceed net the Payment Term, and each Party will notify the other of
such increased payment terms where applicable. In such cases involving third party
payment terms exceeding the Payment Term, the receiving Party shall have an additional 5
business days beyond the third party payment term to issue the payment or credit to the
other Party. For amounts duly received from third parties, each Party may credit or otherwise
offset balances owed to and by the other Party to minimize accounting transactions and
amounts transferred between the parties. At no time shall either Party be liable to the other
in any way for any revenue or revenue shares for payments not received from third parties.
The obligation to pay out, credit, and settle outstanding amounts collected on behalf of, or by
and between the Parties, as described herein, shall survive the termination of this
Agreement.
4. Third Party Advertising Agreements. Publisher acknowledges that it may be required to
engage in third party agreements with third party advertising sources for the Services to be
effectuated (“Third Party Advertising Agreements”). These Third Party Advertising
Agreements may pertain to but are not limited to header bidding and other programmatic
advertising demand, privacy policies, or compliance agreements related to laws such as
GDPR or COPPA. No entity is intended to be considered to be a third party
advertising demand, privacy policies, or compliance agreements related to laws such as
GDPR or COPPA. No entity is intended to be considered a third party beneficiary under this
Agreement. MM is not an insurer, and expressly disclaims all liabilities related to such third
party advertising sources, and Publisher expressly assumes all such liability in using or
interfacing with such third party technologies or advertising. Publisher expressly authorizes
MM to pause or otherwise suspend Services relating to third party advertising sources
whenever MM believes, in its sole discretion, that Publisher or MM’s actions or operations are
likely to be in breach of su
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