Amendment To Pixel Agreement
THIS AMENDMENT to Pixel Agreement (“Amendment”) is entered into as of the Effective Date (the “Amendment Effective Date”) by and between you and Oath Holdings Inc. (“Yahoo”). All capitalized terms used herein shall have the meanings ascribed to them in the Agreement unless otherwise expressly defined herein.
WHEREAS, you and Yahoo entered into that certain Pixel Agreement, effective as of the Effective Date (the “Agreement”); and
[b]WHEREAS, you and Yahoo desire to revise the Agreement as set forth below.
NOW, THEREFORE, in consideration of good and valuable consideration the receipt of which is hereby acknowledged, you and Yahoo agree as follows:
Definitions. The following definitions shall be deleted in their entirety and replaced with the following:
“1.2 “Advertising Statistics” means the following Yahoo Advertiser campaign information or data collected by you and derived from or in connection with the Pixel Code and Representative Pixel: referrer URL, operating system, IP address, browser type, connection type, time stamp, and domain, language.”
“1.14 “Reporting Services” means Yahoo Advertiser campaign reports derived from or created by you and/or your Authorized Agents in connection with the Advertising Statistics, which reports may only be comprised of Domain Information, Content Information, and/or Geography Information shared with Yahoo and the applicable Yahoo Advertiser for which the Advertising Statistics were specifically collected.”
Definitions. The below definitions shall be added to Section 1:
“1.20 “Domain Information” is information collected by Representative in connection with Advertising Statistics that includes referrer URL and is used to determine whether or not Advertisements were displayed on the website pages that are owned and/or operated by Yahoo.”
“1.21 “Content Information” is information collected by Representative in connection with Advertising Statistics that includes referrer URL and is used to determine the website pages within the Distribution Network where Yahoo Advertiser’s Advertisements were displayed.”
“1.22 “Geography Information” is information collected by Representative in connection with Advertising Statistics that includes IP addresses and is used to determine the whether or not Advertisements were targeted by Yahoo to US users.”
“1.23 “Insertion Order” is a contract by and between Yahoo and the Yahoo Advertiser that incorporates the terms and conditions, including a rider if applicable, under which Yahoo will deliver Advertisements on the Distribution Network.”
Compliance. The below shall be added as a new Section 4.9:
“4.9 Notwithstanding the fact that Representative may collect Advertising Statistics for all campaigns, Representative will not share or disclose Campaign Reporting to the applicable Yahoo Advertiser for which the Advertising Statistics were specifically collected that contains Domain Information, Content Information, and/or Geography Information that is not detailed on the applicable Insertion Order.
By way of example: (A) if an Insertion Order details run of network (i.e., RON) or run of site (i.e., ROS) Advertisements that are targeted to US users, then Representative may only share or disclose Domain Information and/or Geography Information within the applicable Campaign Reporting, and (B) if an Insertion Order details Advertisements for display on specific website pages within the Distribution Network, then Representative may only share or disclose Content Information within the applicable Campaign Reporting.”
No Further Amendment. From and after the Amendment Effective Date, the Agreement remains in full force and effect in accordance with its terms, as expressly amended by this Amendment.
Electronic Signatures. You accept this Amendment and the terms and conditions contained or referenced herein by clicking on the “I Accept” button/bar in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. When you click on the “I Accept” button/bar during enrollment, you also consent to having this Amendment provided to you in electronic form. You have the right to receive this Amendment in non-electronic form and may request a non-electronic copy of this Amendment before or after you electronically sign this Amendment by submitting a request to us as specified in the Agreement. You also have the right, at any time, to withdraw your consent to have this Amendment provided to you in electronic form. Should you choose to withdraw your consent to have this Amendment provided to you in electronic form, Yahoo will discontinue your then-current username and password. This means that you will not have the right to serve any advertisements onto the Network unless and until Yahoo issues you a new username and password. Yahoo will only issue you a new username and password after Yahoo receives a signed copy of a non-electronic version of this Amendment, which Yahoo will send to you upon written request. To withdraw your consent and/or request a non-electronic copy of this Amendment, please send a letter and self-addressed, stamped envelope to the address set forth in Section 10 of the Agreement. Your withdrawal of consent will be effective within a reasonable time after Yahoo receives your withdrawal notice described above. Prior to such effective date, this Amendment electronically signed by and provided to you will remain legally valid and enforceable. In order to access and retain the electronic Amendment, you must have access to the Internet, either directly or through devices that access web-based content, and pay any charges associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet (e.g., a computer and modem or other access device). Please print a copy of this Amendment for your records. To retain an electronic copy of this Amendment, you may save it into any word processing program. Yahoo will notify you of any changes in the hardware or software requirements needed to access and/or retain this Amendment that create a material risk that you will not be able to continue to access and/or retain this electronic Amendment.