END-USER LICENSE AGREEMENT
Last updated: 7/21
This Agreement creates a contract between you
("You") and Pontiac Intelligence LLC (" Pontiac", "we" or "us"). Please read the
Agreement carefully. To confirm your understanding and acceptance of the Agreement,
check the box indicating that you "Agree".
If you do not agree with the terms of
this Agreement, do not check the "I Agree" box, access or use the Pontiac Platform (as
defined below), or download any software or applications from us. If you do not agree to
the terms of this Agreement, You may not use our Services or the Pontiac Platform.
INTRODUCTION TO THE PONTIAC PLATFORM AND THE SERVICES
This Agreement governs Your use of our services ("Services"), through which you can
establish media buying campaigns that allow You to purchase space for advertisements
that you create or supply ("Ads") on websites and in other digital media. Our Services
include the Pontiac self-service digital media trading platform and the software, code,
applications and processes that constitute it or to which you are given access through
this Agreement, together with any modified versions, copies, upgrades, updates, and
additions (the "Pontiac Platform"). The Pontiac Platform is accessed through a browser,
and to use our Services and the Pontiac Platform you need compatible hardware, software
(latest version recommended and sometimes required) and Internet access (fees may
apply). Our Services’ performance may be affected by these factors.
Pontiac Platform is currently accessible through Google Chrome. It may be accessible
through additional browsers from time to time, as indicated in our Documentation.
may have one or more other written agreements with us or with our parent company,
Programmatic Mechanics LLC, that supplement or supersede portions of this
The Pontiac Platform is LICENSED to you, not sold. You will not own the
Pontiac Platform in any form, even after you access it or download it or elements of it.
Your license to use the Pontiac Platform is only granted pursuant to the terms of this
Agreement. Use of some third-party platforms accessed through the Services (such as
exchanges) may be subject to additional terms and conditions.
Your use of the
Pontiac Platform and our Services, including any media purchases made through the
Pontiac Platform, are additionally governed by our Terms and Conditions of Service, as
in effect from time to time. Please review the Terms and Conditions of Service
Subject to Your ongoing compliance with this Agreement and payment of the
applicable Fees (as defined below), Pontiac grants you a non-exclusive, revocable,
non-transferable and limited license to access and use the Pontiac Platform during the
License Term in a manner consistent with the terms of this Agreement, the Terms and
Conditions of Service and applicable Documentation. Upon the expiration or termination
of the License Term, you will no longer have the right to use or access the Pontiac
Platform. The rights that are licensed to you under this Agreement are limited to those
expressly granted in this Agreement, and Pontiac reserves all other rights.
condition of your License, you may not: copy, modify, translate, reverse engineer,
decompile, disassemble, otherwise attempt to derive the source code of, tamper with,
obtain or use a "dev key" for, or create derivative works based upon the Pontiac
Platform, including the content or third-party applications made available via the
Services, or any portion thereof; sell, rent, lease, sub-lease, sub-license, transfer,
distribute, broadcast, display or otherwise assign any rights to the Pontiac Platform or
the Services to any third party; remove any proprietary notices or labels on the Pontiac
Platform; work around any technical limitations or access control measures in the
Pontiac Platform; use any automated means (including scripts, bots, spiders, scrapers,
viruses, worms, crawlers or similar software) to access or use the Pontiac Platform; use
the Pontiac Platform for reasons other than the establishment of media trading campaigns
as described in your Documentation; copy, modify, erase, or damage any information
contained on computer servers used or controlled by Pontiac or any third party used in
connection with the Pontiac Platform or the Services; use the Pontiac Platform to
violate any law or legal right of any third party, including any publicity, privacy, or
intellectual property rights; take any action that is harassing, defamatory, abusive,
tortious, threatening, obscene, harmful or otherwise objectionable; use any data mining,
robots, or similar data gathering and or extraction tools in connection with the Pontiac
Platform; use the Pontiac Platform or the Services to obtain personally identifying
information about any person in violation of applicable laws, regulations, or privacy
policies; access the Pontiac Platform or the Services in order to create, contribute to,
or improve a competing service; interrupt, destroy or limit the functionality of the
Pontiac Platform or the Services; distribute ads that violate our Ad Standards; or
impersonate or misrepresent your affiliation with any person or entity in regard to your
Ads, the Pontiac Platform or the Services.
Violation of any of the restrictions or obligations in this Agreement may result in the
termination of your license to use the Pontiac Platform. Pontiac reserves any and all
rights or remedies that may be available in the event of your breach of this
UPDATES AND ACCESS
Pontiac may issue updates to the Pontiac
Platform from time to time. You agree that the Pontiac Platform may automatically
download, incorporate and install such updates, and you agree that this Agreement, as
amended from time to time, will apply to all such updated versions of the Pontiac
Platform, unless such updated versions are released with a separate license agreement.
It is your responsibility to ensure you have or are using the latest version of the
Pontiac Platform. New or modified versions of the Pontiac Platform may contain altered,
reduced, or different interfaces or functionality.
The Pontiac Platform will operate
only on those hardware and software platforms, and will only be accessible through those
browsers, specified in the Pontiac Platform Documentation from time to time. It is your
responsibility to provide compatible platforms for the Pontiac Platform and to maintain
a compatible browser. Pontiac may add or remove support for specific platforms or
browsers at any time with or without notice, and with or without a new update.
may, in its sole discretion, change, suspend, remove, or disable access to the Pontiac
Platform or the Services at any time with or without notice. Pontiac (and not any app
store, device manufacturer, or operating system provider) will be solely responsible for
support of, claims related to, and updates to the Pontiac Platform.
TITLE TO INTELLECTUAL PROPERTY
The Pontiac Platform (including all past and future iterations of it) is protected by
intellectual property laws, including, without limitation, copyright, patent, trademark,
trade secret, and industrial design law. Pontiac retains all title and ownership rights
in the Pontiac Platform. Except as expressly stated in this Agreement, Pontiac does not
grant any express or implied right or license to you under any patent, copyright,
trademark, trade secret, or industrial design rights of Pontiac.
Platform includes all data generated by end-users’ use of the Pontiac Platform and
all algorithms, analyses, compilations and reports related to same, and all of the
foregoing shall remain the sole property of Pontiac.
The third party platforms, ad
servers, applications, websites and digital media spaces accessed through the Pontiac
Platform and the Services ("Third Party Content") are the property of Pontiac, its
licensors, its partners, or publishers. Title, ownership rights and intellectual
property rights in and to such Third Party Content belong to Pontiac or these third
parties. This Agreement gives you no ownership interest in the Third Party Content, and
you may not infringe the intellectual property rights of others. You are solely
responsible for the investigation, defense, settlement and discharge of any claim
against you based on your use of the Pontiac Platform or Third Party Content.
shall remain the sole owner of any intellectual property in the Ads or other Creative
Materials that you upload or otherwise provide for use in connection with the Pontiac
Platform or the Services. Pontiac shall have a limited license to reproduce, store and
distribute your Ads solely as necessary to provide the Services.
The Pontiac Platform may make third-party web sites, web pages, products,
services, and applications available to you via links ("Linked Services"), and these
Linked Services may have their own applicable agreements or terms. Pontiac is not
responsible or liable for the features or content of any Linked Services, and the links
to them in the Pontiac Platform do not imply Pontiac’s endorsement of them. Your
access to any of the Linked Services is entirely at your own risk, and you are solely
responsible for any consequences of accessing any Linked Services, as well as for
viewing and abiding by any applicable agreements or terms.
USE OF THE PONTIAC PLATFORM REQUIRES REGISTRATION. THERE IS A ONE-TIME ENTRY FEE (PLUS
SALES TAX, IF APPLICABLE) THAT MUST BE PAID AT THE TIME OF REGISTRATION. PLEASE SEE OUR
CURRENT FEE SCHEDULE HERE: https://wiki.pontiac.media/?docs=getting-started-with-pontiac/pricing
THE ENTRY FEE IS NON-REFUNDABLE.
YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION ABOUT YOURSELF AND
YOUR INTENDED USE OF THE PONTIAC PLATFORM AS PROMPTED BY THE REGISTRATION PROCESS
(TOGETHER WITH ANY INFORMATION OR MATERIALS PROVIDED TO YOU AS PART OF THE REGISTRATION
PROCESS, SUCH INFORMATION BEING THE "DOCUMENTATION"). YOU AGREE TO UPDATE YOUR
DOCUMENTATION IN ORDER TO KEEP SUCH INFORMATION CURRENT. YOU ARE SOLELY AND ENTIRELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND USER NAME.
FURTHERMORE, YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT
OCCUR UNDER YOUR ACCOUNT.
THE DOCUMENTATION MAY LIMIT YOUR USE OF THE PONTIAC PLATFORM AND THE SERVICES TO A
PARTICULAR GEOGRAPHIC TERRITORY (THE " TERRITORY"), CERTAIN LINES OF SERVICES, CERTAIN
USES, OR CERTAIN FINANCIAL LIMITS. YOU SHALL ONLY HAVE THE RIGHT TO USE THE PONTIAC
PLATFORM AND THE SERVICES WITHIN SUCH TERRITORY OR OTHER SUCH LIMITS.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE PONTIAC PLATFORM IS
PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND PONTIAC, ITS CORPORATE PARENTS,
SUBSIDIARIES, AFFILIATES, AND ITS PARTNERS, AS APPLICABLE (COLLECTIVELY, THE "PONTIAC
ENTITIES") EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND FOR THE PONTIAC PLATFORM OR THE
SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, ACCURACY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. USE OF THE PONTIAC PLATFORM
AND THE SERVICES IS AT YOUR OWN RISK. THE PONTIAC ENTITIES MAKE NO WARRANTY THAT THE PONTIAC
PLATFORM AND THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE PONTIAC PLATFORM AND THE
SERVICES WILL BE COMPLETE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, RELIABLE, ACCURATE,
VIRUS-FREE, ERROR-FREE, OR THAT DEFECTS OF ANY KIND WILL BE CORRECTED. THE PONTIAC ENTITIES
MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PONTIAC
PLATFORM, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PONTIAC PLATFORM OR IN CONNECTION
WITH THE SERVICES, AND NO ORAL OR WRITTEN ADVICE, RELEASE OR INFORMATION PROVIDED BY THE
PONTIAC ENTITIES TO YOU SHALL CREATE A WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE PONTIAC PLATFORM OR THE
SERVICES IS TO STOP USING IT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT
ALLOWED BY APPLICABLE LAW, THE PONTIAC ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR AFFILIATES SHALL NOT BE LIABLE FOR PERSONAL
INJURY, OR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE,
PECUNIARY LOSS, LOSS OF INFORMATION OR DATA, BUSINESS OR PERSONAL USE INTERRUPTION, OR ANY
OTHER COMMERCIAL OR PERSONAL DAMAGE OR LOSS), ARISING OUT OF OR RELATING TO THIS AGREEMENT
OR THE USE OF OR INABILITY TO USE THE PONTIAC PLATFORM AND THE SERVICES, HOWEVER CAUSED,
WHTHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF PONTIAC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PONTIAC ENTITIES BE LIABLE FOR ANY
CLAIMS OR DAMAGES IN EXCESS OF THE AMOUNT YOU PAID TO PONTIAC DURING THE PREVIOUS 12 MONTHS
(YOU WILL BE RESPONSIBLE FOR ANY EXPENSES YOU MAY INCUR IN RELATION TO RECEIVING THIS
AMOUNT). THE FOREGOING LIMITATIONS SHALL APPLY AT ALL TIMES, REGARDLESS OF WHETHER THE
SPECIFIED REMEDY FAILS OR IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.
You will indemnify, hold harmless, and defend Pontiac and its parents, shareholders,
subsidiaries, affiliates, officers, directors, employees, service providers,
distributors, licensors, agents, successors, assigns and other representatives, from all
third-party claims, judgments, liabilities, expenses, costs or related penalties,
including, without limitation, reasonable attorneys’ fees, arising out of,
resulting from or in any way connected to your breach of this Agreement, your violation
of any third-party’s rights (including intellectual property rights), or your
illegal acts or omissions.
Maintenance AND SUPPORT
Should you have any
questions, complaints, or claims relating to the Pontiac Platform or our Services,
please contact us at email@example.com
FEES AND PAYMENTS FOR MEDIA
FEES AND PAYMENTS FOR MEDIA
IF YOU HAVE EXECUTED A PONTIAC INTELLIGENCE INSERTION ORDER (“PIIO”) WITH OUR
SERVICES TEAM OUTSIDE OF THIS EULA, THAT PIIO AGREEMENT REPLACES THE FEES AND PAYMENTS
FOR MEDIA DETAILS BELOW. THAT INSERTION ORDER IS SUBJECT TO IAB STANDARD MEDIA 3.0 TERMS
AND CONDITIONS. IN ANY DISPUTES BETWEEN THE IAB STANDARD MEDIA 3.0 TERMS AND CONDITIONS
AND THIS EULA, THIS EULA IS THE DEFINITIVE DOCUMENT AND SUPERSEDES THE IAB STANDARD
MEDIA 3.0 TERMS AND CONDITIONS.
IN ADDITION TO THE ENTRY FEE OF $100, WE CHARGE A MINIMUM USER FEE, PAYABLE ON THE FIRST
DAY OF EACH MONTH, TO MAINTAIN ACCESS TO THE PONTIAC PLATFORM AND THE SERVICES,
INCLUDING YOUR DELIVERY DATA AND THE PROPRIETARY PROGRAMMATIC TRADING WIKI. THE MINIMUM
USER FEE WILL BE AUTOMATICALLY BILLED AT THE BEGINNING OF EACH MONTH TO THE CREDIT CARD
YOU PROVIDE AT REGISTRATION. THE MONTHLY MINIMUM USER FEE IS NON-REFUNDABLE.
THE MINIMUM USER FEE IS SET FORTH IN OUR FEE SCHEDULE HERE: https://wiki.pontiac.media/?docs=getting-started-with-pontiac/pricing
WE MAY CHANGE THE MONTHLY MINIMUM USER FEE UPON SIXTY (60) DAYS WRITTEN NOTICE. THE
MINIMUM USER FEE WILL BE WAIVED FOR ANY MONTH IN WHICH YOU PAY A SOFTWARE USER LICENSING
FEE IN EXCESS OF THE THEN-CURRENT MINIMUM USER FEE. THE WAIVED FEE WILL APPEAR AS A
CREDIT TO YOUR ACCOUNT IN THE FOLLOWING CALENDAR MONTH.
IN ORDER TO PURCHASE AD SPACE THROUGH THE PONTIAC PLATFORM, YOU MUST FUND YOUR ACCOUNT IN
ADVANCE BY MEANS OF A CREDIT CARD PAYMENT. THE PONTIAC PLATFORM WILL LET YOU CHOOSE THE
CREDIT CARD TO BE CHARGED AND THE AMOUNT YOU WOULD LIKE CHARGED TO THAT CREDIT CARD. YOU
CAN CHECK YOUR ACCOUNT BALANCE AT ANY TIME THROUGH THE PONTIAC PLATFORM. PURCHASES OF AD
SPACE FOR CAMPAIGNS THAT YOU INITIATE WILL BE AUTOMATICALLY DRAWN DOWN FROM YOUR ACCOUNT
BALANCE. UNUSED BALANCES OF $500 OR LESS ARE NON-REFUNDABLE. ACCOUNT BALANCES DO NOT
PONTIAC CHARGES A SOFTWARE USER LICENSING FEE EQUAL TO A MARGIN OF 20% OF THE MEDIA SPEND
THAT YOU INITIATE AND RUN THROUGH THE PONTIAC PLATFORM. FOR PURPOSES OF CLARITY, IF YOU
WANT TO INITIATE A $100 CAMPAIGN THROUGH THE PONTIAC PLATFORM, YOU WILL NEED TO DEPOSIT
$200, $100 OF THAT WILL CONSTITUTE OUR ENTRY FEE NOTED ABOVE. THIS IS A FEE FOR ACCESS
TO THE BUYING, OPTIMIZATION, AND OTHER FUNCTIONALITY OF THE PONTIAC PLATFORM INCLUDING
THE CLIENT WIKI. THE REMAINING FUNDS SPENT ON A CAMPAIGN WILL BE USED TO PROCURE THE AD
SPACE INVENTORY WHERE YOUR ADS ARE SERVED, AND TO PAY OUT-OF-POCKET THIRD-PARTY
EXCHANGE, DATA, AND RELATED FEES AND COSTS.
YOUR PONTIAC PLATFORM ACCOUNT WILL SHOW THE TOTAL AMOUNT SPENT ON ANY CAMPAIGN YOU
INITIATE, BUT WILL NOT BREAK OUT OUR SOFTWARE USER LICENSING FEE OR THE OTHER
THIRD-PARTY FEES AND CHARGES.
IF YOU UPLOAD ADS AS DESCRIBED IN PARAGRAPH 12, BELOW, WE WILL CHARGE A CREATIVE UPLOAD
FEE FOR EACH NEW AD THAT YOU UPLOAD, AS SET FORTH IN THE FEE SCHEDULE HERE: https://wiki.pontiac.media/?docs=getting-started-with-pontiac/pricing.
THE CREATIVE UPLOAD FEE MAY CHANGE FROM TIME TO TIME UPON WRITTEN NOTICE TO YOU.
BY ENTERING INTO THIS AGREEMENT, REGISTERING FOR THE SERVICES, AND PROVIDING YOUR CREDIT
CARD DETAILS, YOU EXPLICITLY AGREE (A) TO PAY THE FEES AS SET FORTH HEREIN AND AS
SPECIFIED IN THE FEE SCHEDULE HERE: https://wiki.pontiac.media/?docs=getting-started-with-pontiac/pricing,
(B) THAT YOU ARE AUTHORIZED TO PROVIDE THE CREDIT CARD INFORMATION PROVIDED AND TO
AUTHORIZE THE FEES AND CHARGES SET FORTH HEREIN, (C) THAT YOU WILL BE LIABLE FOR, AND
WILL NOT DISPUTE OR ATTEMPT TO REVOKE, ANY CHARGES YOU AUTHORIZE THROUGH THE PONTIAC
PLATFORM, (D) THAT YOU UNDERSTAND ANY CHARGES YOU AUTHORIZE ARE NON-REFUNDABLE EXCEPT IF
WE TERMINATE OUR LICENSE TO YOU UNILATERALLY, IN WHICH CASE WE WILL RETURN ANY UNSPENT
BALANCE AFTER THE COMPLETION OF ALL EXTANT CAMPAIGNS, OR WITH RESPECT TO UNSPENT ACCOUNT
BALANCES IN EXCESS OF $500 UPON WRITTEN REQUEST, AND (C) YOU WILL PAY ANY SALES TAX DO
IN CONNECTION WITH ANY PURCHASES MADE THROUGH THE PONTIAC PLATFORM.
ANY REFUND REQUEST MAY BE SUBJECT TO AN ADMINISTRATIVE CHARGE.
a. USER SUPPLIED MATERIALS
You will upload advertising creatives units
("Ads") that you source or create or Ad Server Code for Ads to the Pontiac Platform. All
Ads, Ad Server Code, information, advice, files, links, communications or other materials
uploaded or posted by you to or through the Pontiac Platform ("User-Supplied Materials")
shall be your responsibility. You agree not to post or transmit any User-Supplied Materials
that infringe a third party's rights, including without limitation any privacy, publicity or
intellectual property rights, or that are unlawful, untrue, harassing, libelous, defamatory,
abusive, tortious, threatening, harmful (including but not limited to viruses, worms or
similar software) or that violate any fair advertising standards or are otherwise
objectionable. You grant Pontiac, or warrant that the owner of such User-Supplied Materials
has expressly granted Pontiac, the royalty-free, perpetual, irrevocable, fully
sub-licensable, non-exclusive right and license to use, reproduce, display, modify,
transmit, distribute, perform, display and delete such User-Supplied Materials (in whole or
in part) in connection with the Services and the campaigns you initiate or run through the
b. USER-SUPPLIED MATERIALS AND MONITORING
The Pontiac Platform provides access to an
ad server. If You decide to upload Ads to our ad server, each such Ad will be audited
for compliance with the standards set forth herein and in the Terms and Conditions. A
Creative Upload charge will be charged to your account for each Ad that you upload.
maximum size of Ads that may be uploaded to our ad sever is 40 KB.
have the right, but not the responsibility, to monitor and/or remove User-Supplied
Materials deemed harmful or offensive in Pontiac's sole discretion, or that otherwise
violate this Agreement or any rules that Pontiac may institute from time to time.
Pontiac shall have no liability for the failure to receive, to remove or for the removal
of any User-Supplied Materials. Even if an Ad has been audited, the Ad’s
compliance with this Agreement and the Terms and Conditions remains Your sole
responsibility. Any opinions, advice, statements, services, offers or other information
or content expressed or made available by Pontiac are advisory in nature only. Pontiac
neither endorses nor is responsible for the accuracy or reliability of any Ad, opinion,
advice, information, or statement contained in User-Supplied Materials, including
c. AD SERVER AND MALWARE DETAILS
Pontiac also allow users to upload
creatives ad-server tags provided by Doubleclick. This is a third-party service for
which Pontiac bears no responsibility. If You have access to DoubleClick ad-server tags,
they may be uploaded to the Pontiac Platform at your risk.
We automatically search
each tag for malicious activity (including for malware and other viruses that can be
distributed through ad tags), but you are solely responsible for any tags that you
upload or any damage that they cause.
If at any point your ad tags are flagged as
malicious, your entire deposit will be forfeited to Pontiac and will NOT BE
d. CREATIVE AND AD ACCEPTANCE POLICY
Intelligence reserves the right to reject any creative unit at our discretion and
suspend the account without advanced warner. If your account is suspended, you will be
notified in writing and an investigation will take place within three business days.
Note: All Creative Units go through two audits: Xandr/AppNexus & RiskIQ. The result
of this audit will be reflected next to your creative in the platform. However, Pontiac
Intelligence conducts our own human and technological audit, and as stated above, we
reserve the right to reject any creative unit for any reason, even if it is not listed
- Broken Ads or blank creative
- Pornography, Nudity, Obscenities, or other ‘Adult’ Content
- Hate Speech or Defamatory Language
- Sale of, or instructions for creating, guns, bombs, ammunition, or weapons
- Displaying fake errors to induce user action, or messaging that implies knowledge of
a users computer or operating system
- Discussing or promoting sale of federally illegal drugs, including marijuana,
illegal pharmaceuticals, and other schedule 1 drugs.
- Charging for government forms and services
- Enabling or Permitting Piracy
- Misappropriation of Copyright, Trademark, Trade Secret, or Patent
- Executes or Downloads Files without User Interaction
- Causing degradation of site performance (ex: excessive animation, weight)
- Illegal Material or Content
- Inappropriate content (at our discretion)
- Misleading or sensationalized messaging, content or images
- Non-compliance with restricted advertising category guidelines (dating,
pharmaceuticals, weight loss, health and beauty, etc.)
- Prohibited advertiser categories (ex: casual dating, illegal gambling, adult,
- Malware, privacy and security violations
- Global and publisher competitive and low-quality exclusions (CE)
- Non-user initiated audio (initiated on click and must have integrated audio
- Pop ups or any ad or landing pages that spawn them
- Content that intends to, or does, induce user action through misleading appearance
or behavior, including, but not limited to, creatives that mimic video players,
functional buttons, errors or warnings about viruses, missing codecs, and
Sensitive Ad Units & Sensitive Categories
Advertisements which exhibit any
of the following properties are allowed on the platform but restricted to publishers who
have approved this type of content. These ad units will be flagged in the platform as Sensitive and
it will show you this next to the creative audit. If ANY of an advertiser’s ad
units are flagged as Sensitive, then the entire advertiser is
restricted to the sensitive publishers.
- CBD or Hemp (No pictures of flower, hemp/marijuana leaves, or the words 'Get High'
on the landing page)
- Adult Store (must lead to a landing page without nudity or toys)
- Paraphernalia, Pharmaceuticals and Supplements (usually accepted, but is reviewed on
a case-by-case basis)
- Politics (must fill out an 'agency' form declaring which party the advertising
- Weight Loss
- Sexual Health
- Affiliate Offers
- Consumer Loans
- Tabacco and Smoking Products
- Online Games
- Gambling & Online Gambling (must sign separate Gambling addendum)
- Firearms and Weapons (Sporting Good stores, edcuation, accessories)
- Tabloid / Advertorial (cannot infringe on copyrights)
- Underwear / Lingerie
- Strip Club / Gentlemen’s Club
You agree to indemnify and hold Pontiac and its parents, members,
subsidiaries, affiliates, service providers, sndicators, distributors, licensors,
officers, directors and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to, or arising out of or related
to (a) any Ads or User-Supplied Materials supplied, uploaded or distributed by you in
connection with the Pontiac Platform or the Services, (b) any violation of the Ad
Standards, or (c) your violation of this Agreement, or your violation of any law,
regulation or third-party right.
TRADING; PURCHASE OF AD SPACE
Any campaign that
you design and initiate through the Pontiac Platform produces an order for the
acquisition of Ad Space pursuant to terms that you designate. Any such order shall be
deemed an Insertion Order and shall be governed by our Terms and Conditions of
You are solely responsible for any campaigns that You or Your
representatives design and initiate through the Pontiac Platform, including for any
targets or limitations that You set. Please review all campaign details carefully before
submitting, as such details cannot always be changed after submission. Pontiac has no
liability for any accidentally or incorrectly submitted campaign details.
Either You or We, each at its sole discretion, at any time, with or without notice, and
for any or no reason, may terminate this Agreement or suspend your access to the Pontiac
Platform. Upon termination of this Agreement, You will immediately cease use of the
Pontiac Platform and will delete all copies of the Pontiac Platform or elements thereof
that You have made.
If You terminate this Agreement other than for cause, we shall
complete any extant campaigns and thereafter have no other obligations to You.
terminate this Agreement other than for cause, we shall return to you the unspent
balance in your account and otherwise have no other obligations to You.
Pontiac, at its sole discretion, may change the terms of this Agreement from time to time
upon notice to You. The most current version of this Agreement will be effective
immediately upon release, and will supersede all previous versions. You accept any and
all modifications by continuing to use the Pontiac Platform.
You may not assign this Agreement, any portion of it or any of your rights or obligations
under the Agreement to any third party, whether by direct transfer, sub-license or any
other means. Any purported assignment of this Agreement or any portion of it, by you,
shall be null and void. To the extent permitted by applicable law, Pontiac may, at its
sole discretion and without any recourse to you, freely assign this Agreement, any
portion of it or any of its rights or obligations under it.
APPLICABLE LAW, DISPUTE
RESOLUTION, AND ARBITRATION
This Agreement shall be construed in accordance with and governed by the internal
laws of the State of New York, United States of America, without regard to choice or
conflicts of laws principles (the "Applicable Law"). This Agreement will not be governed
by the United Nations Convention of Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
Final and Binding
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PONTIAC HEREBY WAIVE
THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL IN ANY APPLICABLE JURISDICTION. Any and
all disputes, controversies or claims (collectively, "Claims") arising under or relating
to the breach, interpretation or application of the terms of this Agreement or any
extension or modification of the Agreement, regardless of the applicable legal theory,
shall be exclusively resolved by a single arbitrator through final, binding and
confidential arbitration, as follows:
If you are a resident of the United States of
America, any arbitration between you and Pontiac will be administered by the American
Arbitration Association under its then-current Commercial Arbitration Rules, as modified
by this Agreement;
If you are a resident of any other territory, any arbitration
between you and Pontiac will be administered by the International Chamber of Commerce,
under its then-current Rules of Arbitration (available here), as modified by this
Agreement.Any arbitrator so appointed shall adhere to the Applicable Law and applicable
rules of arbitration (the "Arbitration Rules"), and shall be empowered to (i) determine
the appropriate venue for the arbitration or the method for conducting the arbitral
process (such as by written submissions or telephonic hearings) in lieu of the parties
meeting at a physical venue, upon considering the territorial location of the parties,
(ii) award actual money damages (but not punitive damages) against the party found to
have violated this Agreement, and (iii) grant in his or her award, injunctive or other
types of equitable relief, to enforce specific performance of this Agreement, and to
prevent any continuing or further violation of its terms. Except as otherwise provided
in this Agreement, the arbitrator's decision will be final. Judgment upon the award
rendered in such arbitration may be entered in any court having jurisdiction, provided
that any award may be challenged if the arbitrator fails to follow the Applicable
If your Claim is for US$10,000 or less, either party may choose to have the
arbitration be conducted solely on the basis of documents submitted to the arbitrator or
through a telephonic hearing. If your Claim exceeds US$10,000, the Arbitration Rules
will determine the right to a hearing.
Arbitration Fees and Awards
The cost of any arbitration shall be borne equally by the parties, except that each
party shall be responsible for its own attorneys’ fees.
Class Action Waiver
You and Pontiac agree that each may only bring a Claim against the other in an
individual capacity, and not as a plaintiff or class member in any purported class
action or other representative proceeding. Further, unless you and Pontiac agree
otherwise, no judge or arbitrator may consolidate more than one person's Claims or
otherwise preside over any form of representative or class proceeding.
If the provisions of this paragraph 15 are found to be unenforceable with respect to
a Claim, then any such Claim will be exclusively decided by a court of competent
jurisdiction within New York County, New York, USA, and you and Pontiac agree to submit
to the venue, personal and subject-matter jurisdiction of that court.
No delay or failure to take action under this Agreement shall constitute any waiver by
Pontiac of any provision of this Agreement. Any waiver by Pontiac of any of the
provisions of this Agreement must be express and in writing, and will not mean that
Pontiac will waive any other provision in another situation.
If any portion of this
Agreement is held to be invalid or unenforceable, or excessively broad as to duration,
geographical scope or activity, then that portion shall be construed so that the
remaining portions of this Agreement shall not be affected, but shall remain in full
force and effect, and any such illegal or overly broad portion shall be deemed, without
further action on the part of any party, to be modified, amended and/or limited, but
only to the extent necessary to render the same valid and enforceable in the applicable
jurisdiction. If nonetheless, a portion of this Agreement is considered to be
unenforceable by a court of competent jurisdiction, then the remainder of the Agreement
shall continue in full force and effect.
This Agreement may be available in various
translations, but to the extent allowable by applicable law, the English version
controls. If another translation applies to you, you acknowledge that this Agreement was
written in English and translated into other languages, and translation errors may
Your use of the Pontiac Platform and the Services is also governed by Pontiac’s
contact us at: firstname.lastname@example.org
The following are some of the laws, rules, regulations and sanctions that apply to this
Agreement, the Services and the Pontiac Platform: (a) the U.S. Department of Commerce’s
Export Administration Regulations ("EAR"), which governs the export and re-export of
software; (b) the U.S. Treasury Department’s Office of Foreign Assets Control
("OFAC"), which administers and enforces economic and trade sanctions; and (c) the U.S.
Department of States’ International Traffic in Arms Regulations ("ITAR"), which
implements the Arms Control Act regarding the export and temporary import of defense
articles and services.
The Pontiac Platform may not be exported or re-exported (a)
into countries under U.S. embargo, or (b) to any person on the U.S. Treasury Department’s
Specially Designated Nationals and Blocked Persons List, or (c) to any person on the
U.S. Department of Commerce Denied Persons List or Entity List, or (d) to any person on
the U.S Department of State’s List of Statutorily Debarred Parties.
that in the use of the Pontiac Platform and the Services, you are in compliance with,
and shall at all times comply with the requirements of EAR, OFAC and ITAR, and all other
applicable export and re-export related laws, rules, regulations and sanctions. You
warrant that (a) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a "terrorist supporting"
country, and (b) you are not listed on any U.S. Government list of prohibited or
THERE IS NO REFUND FOR ANY MONEY SPENT THROUGH THE PLATFORM.
But, if you have money still in your account over $500, we will wire the money back to
you if you are fully dissatisfied. You will need to write us an explanation of what went
wrong and why you over deposited any money. Under that amount we believe you did not
give the platform the chance to optimize and we encourage you to set up another campaign
or contact us to see if we can drive success.
CLOSING AN ACCOUNT
The easiest way to close an account is to spend all the money available in your account.
After 60 days your account will be deactivated. After 365 days your data will be
deleted. At any point you can contact us and ask us to delete all information related to
your account. We only hold the data for 365 days because our clients often come back
when they realize the strength in our product.
You can also contact us through the form to close your account and we will be
accommodating. We are friendly folks.
Email us at: email@example.com
ACCEPTABLE AD SERVERS
We only accept Google and Adacado ad servers. If you wish to test a proprietary ad
server, please reach out to your Account Manager. Each request will be evaluated
and considered on a case by case basis.
Pontiac Intelligence operates as a media trading desk and an information resource for its
clients. We buy media and provide targeted solutions across mobile, display and video.
Pontiac Intelligence also offers consulting services to help advertisers and marketers
build in-house trading capabilities.
– The Information We Collect –
Through Our Services
Pontiac Intelligence does not collect personally identifiable information (PII) (name
address, phone number or email address). We don’t store or request anything of the
PII nature. We do not collect your name, phone number, physical address, or email
address. Our clients/partners also do not share this information with us, and we require
that they either not collect PII, or, that they not include PII with anonymous data they
may share with us. At times you may choose to voluntarily provide such information to an
advertiser through their website or advertisement. When you provide information to an
advertiser, Pontiac Intelligence is not involved in any way in this exchange of
your information will be used. Pontiac Intelligence does accumulate certain
come upon our clients’ advertisements. This anonymous data might include web
browser type (e.g. Chrome), computer operating system (e.g. Mac OS), geographic location
as interpreted from your IP address, websites visited, and other information that does
not specifically identify you. We utilize this non-personally identifiable information
collected from a computer to serve targeted ads to that computer based upon its browsing
history. We may share this non-personally identifiable information with third party
companies to pair it against other data sets. If we ever inadvertently collect PII
through our service, we will not knowingly use such PII in connection with our
advertising targeting services.
On This Website
At times, you may choose to voluntarily provide us with PII on our website, one place
you at the time the information is collected, we will not share such information with
any third party without your consent, except as required by law, to investigate
suspected fraud or illegal activities or in connection with a merger, sale or
reorganization of Pontiac Intelligence.
If you so choose, you may opt-out of cookie based ad targeting by Pontiac Intelligence.
Doing so, will remove the ability of cookie-based ads we serve for our clients to reach
you. You may opt-out by clicking here.
We reserve the right, at our discretion, to amend, improve, or remove portions from this
such changes here and provide you the opportunity to opt-out of such differing uses.
Email us at: firstname.lastname@example.org