OwnerIQ - Ownership Targeted Media

Extend Your Reach and Frequency Beyond Your Site

Terms and Conditions

These OwnerIQ Channel Marketing Terms and Conditions ("Terms") are entered into by OwnerIQ, Inc. ("OwnerIQ") and the entity agreeing to these Terms ("Partner"). By clicking "Accept" and using the Channel Marketing Account Center, you are agreeing to these Terms and Conditions. These Terms govern Partner’s participation in the OwnerIQ Channel Marketing Program (the "CMP"). In consideration of the foregoing, the parties agree as follows:

1. Partner Obligations.  In order to enable Channel Marketing opportunities, Partner will,
   • (a) place on certain pages of Partner websites software code provided by OwnerIQ  (the "Tag Code"). The Code will be placed on pages designated by Partner.
   
   
   • (b) provide OwnerIQ with a list of web pages or of products or services contained on Partner web pages where the Code has been placed in order to enable OwnerIQ to associate each page, product or service with the Code. If available, Partner may provide product type (TV, Stereo, etc.), product name and/or model number and corresponding page URL where the product information is located;
   
   
   • (c) maintain a privacy policy on its web site(s) which explicitly permits the sharing or collection of anonymous user information with or by third-parties for the purposes outlined herein.  Partner further agrees that at no time shall any information provided to OwnerIQ via the Code ever contain personally identifiable information about any individual.
     
     
2. OwnerIQ Obligations. In order to support the Channel Marketing program, OwnerIQ will,
   
   • (a) when a user visits Partner web pages where the Code is located,  OwnerIQ will place an identifier (often known as a "cookie")  on the users browser.  These cookies will anonymously identify the user as a visitor of Partner’s web site ("Partner Site Visitors" 6) and may associate that user anonymously with a product and service referenced on the web site page they are viewing at the time.
   
   
   • (b) provide documentation to support the Code integration, as well as support necessary to assist Partner in the integration of the Code on Partner Websites;
   
   
   • (c) maintain a privacy policy on its web sites which is compliant with Truste, Inc. Privacy Policy certification guidelines or like industry accepted privacy policy certification guidelines,
   
   
3. Advertising Rights and Obligations:
   As Partner Site Visitors go to other sites on the internet, OwnerIQ is able to recognize them and determine whether to serve them advertising on those sites ("Partner Messaging Opportunities").
   
   • (a) Where Partner wishes to utilize Partner Messaging Opportunities to target specific messaging to their Partner Site Visitors as they travel the web,
   
   
   • (i) OwnerIQ will identify Partner Messaging Opportunities generated by Partner Site Visitors on sites where OwnerIQ has visibility into the availability and terms of advertising impressions (the "OwnerIQ Network")
   • (ii) OwnerIQ will bid on advertising impressions available from sites within the OwnerIQ network on behalf of Partner and when successful will acquire those impressions pursuant to the financial terms to be agreed upon between Partner and OwnerIQ.
   • (iii) Reporting: OwnerIQ will provide Partner with monthly reporting consistent with OwnerIQ’s Standard Advertising Terms and Conditions. Reports will be available online in Partner’s OwnerIQ Channel Marketing Account Center
   
   
   • (b) Where Partner chooses not to utilize any or all of the Partner Messaging Opportunities to message Partner Site Visitors,
   
   
   • (i) OwnerIQ shall have the right to use such opportunities for the purpose of selling advertising to third-parties subject to section 3(c) below.
   • (ii) Partner will have the right to designate competitors to whom OwnerIQ cannot sell this advertising space to.
   • (iii) Partner hereby grants OwnerIQ the right to sell available advertising inventory generated by Partner Messaging Opportunities which are not otherwise being utilized by Partner.
   • (iv) OwnerIQ will only agree to sell available Partner Messaging Opportunities to third-parties to the extent that such opportunities are of the scale and scope determined by OwnerIQ to be necessary to enable such sale. Any such agreement to sell will be subject to the ability of OwnerIQ to sell on terms that are consistent financial terms to be determined by the parties pursuant to section 3(c) below.
   
   
   • (c) Whether Partner utilizes the Partner Messaging Opportunities or OwnerIQ sells those opportunities pursuant to license granted herein, the parties will agree in advance of either activity as to the compensation to be paid by Partner in the case of section 3(a), or OwnerIQ in the case of 3(b).
   
   
   • (d) Terms of Advertising: The terms and conditions related to any advertising to be served from inventory available from the Impression Bank shall be controlled by OwnerIQ’s Standard Advertising Terms and Conditions, as such are maintained on OwnerIQ’s Partner extranet and are accessible via the secure Partner login.
   
   
4. Use of Data: OwnerIQ will not use any aggregate information or data related to the activity or behavior of Partner Partners which in any way enables a third-party to associate that activity or behavior with Partner.


5. Term and Termination.  This agreement commences on the date first written above, and will continue until terminated by either party upon five (5) days written notice.  Partner may continue to leave the Code on its site, and OwnerIQ will continue to support the gathering of information, and store such data to ensure that Partner can utilize Partner Messaging Opportunities in the future.


6. Authority:  By agreeing to these Terms and Conditions, you are representing that you are an employee of the Partner and have the authority to bind Partner to these terms and conditions.


7. Miscellaneous:
   
   • (a) Independent Contractors. It is the intention of OwnerIQ and Partner that OwnerIQ and Partner are, and will be deemed to be, independent contractors with respect to the subject matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship between OwnerIQ and Partner.
   
   
   • (b) Entire Agreement.  This Agreement, together with all exhibits hereto, represents the entire agreement between the parties with respect to the subject matter hereof and will supersede all prior agreements and communications of the parties, oral or written.
   
   
   • (c) Amendment: These Terms and Conditions can be amended from time to time by OwnerIQ.  OwnerIQ shall notify Partner via the email address provided as part of its registration for the OwnerIQ CMP.
   
   
   • (d) Governing Law.  This Agreement will be governed by and interpreted in accordance with the Laws of the Commonwealth of Massachusetts without regard to the conflicts of laws principles thereof.
   
   
   • (e) Successors and Assigns.  This Agreement may  be assigned, transferred, delegated, sold or otherwise disposed of by OwnerIQ, including without limitation by operation of law, without the prior written consent of Partner.
   
   
   • (f) Severability.  If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.