All capitalized terms used in the Agreement and any exhibit attached to the Agreement have the meaning set forth below. All definitions shall apply both to their singular or plural forms, as the context may require.
“Action” means any activity defined by the Advertiser as a result of gamer interaction within the engagement window.
“Ad Units” means the Network units or graphical elements allowed by Publisher where Ads can be incorporated by ProfitDiv. These may include splash screens, powerups, obstacles, backgrounds, objects, characters and any other unit within the game which the Publisher can allow to put advertisement textures on.
“Advertiser” means any advertiser, advertising agency, sponsor, promotional partner, media buying service or other similar entity that, whether directly or through its advertising agency, promotes itself, its brands or its products or services.
“Advertising”, “Advertisements” or “Ads” means the pixel advertisements old by the Publisher for display on its Networks that promote a brand or a product or service through changes of backgrounds, splash screens, character changes, powerup changes, obstacle changes, push notifications, buttons and similar promotional devices as well as all elements of sponsorship or promotions.
“Advertising Sales Revenue” means any and all gross consideration accrued by ProfitDiv in connection with Advertising that relates to the publisher’s Network, including, without limitation, any and all invoiced amounts, broker and other commissions, secondary and performance payments, bonuses, barter agreements and revenues and refunds, allowances and all other addition accrued amounts excluding taxes if any.
“Agreement” means this Agreement and any exhibits and schedules attached hereto, as the same may be amended, supplemented or modified in accordance with the terms hereof.
“Confidential Information” shall have the meaning set forth in Section 6.1.
“Content” means a Party’s proprietary images, video, audio, documents, customer information, data or other content, in any media and format, and any intellectual property rights relating to any of the foregoing, made available by or on behalf of a Party for use in relation to the services.
“CPM” means the United States Dollar (USD) cost per 1000 impressions with respect to Advertising sold by ProfitDiv to any Advertiser.
“Consulting Free” is defined as set forth in Section 4.1 of this Agreement.
“Gross Revenue” means all revenue generated from Advertisers for Advertisements sold by ProfitDiv and served on the Network, excluding taxes if any.
“Laws” means applicable laws, rules and regulations, including without limitation, local and national laws, rules and regulations, treaties, voluntary industry standards (if any), and other legal obligations pertaining to this Agreement and/or to any of Publisher’s activities under this Agreement, including without limitation, those applicable to any tax, consumer and/or product safety, data privacy and the privacy and protection of personally identifiable information, the protection of minors, employees, and the environment, the United States Foreign Corrupt Practices Act of 1977 and any amendments thereto (and any local or foreign equivalent, the UK Bribery Act 2010, and the provision of services.
“Marks” means the service name, service marks, trade names and trademarks of a Party hereto.
“Net Advertising Sales Revenue” means the designated websites and the internet websites, mobile websites, applications, games, and web portals owned and/or operated by Publisher.
“Online Interface” means ProfitDiv’s online interface to report ad revenue, pricing and other relevant information of every ad unit and additional tools to enable the Publisher to proactively monitor the performance of the network as well as view and update invoicing-related documents.
“Publisher Entity” means Publisher and its officers, directors, parent, affiliated companies, information Publishers, licensors, licensees, employees, agents, attorneys, consultants, contractors, network members or third-party service Publishers or their respective officers, directors, employees, affiliated companies or agents.
“Renewal Term” shall have the meaning set forth in Section 5.1.
“Systems” means a Party’s proprietary technology, methods of operation, processes, procedures, ideas and concepts, interfaces, protocols, formats, specifications or other similar materials, software, hardware, code or any other functional item, and any intellectual property rights relating to any of the foregoing.
“Term” means the term of this agreement, as set forth in Section 5.1.