Terms-conditions - a2x-buyers

Triton Digital's programmatic audio marketplace is Triton's auction service for programmatically buying digital audio inventory through real-time bidding.

The marketplace is governed by the terms set forth in a buying agreement between you (either an individual, a company or other legal entity, hereinafter referred to as “You” or “Your”) and Ando Media, LLC. d.b.a. Triton Digital (“Triton Digital”) (“Agreement”). When You agree to the terms of the Agreement, You are required to adhere to the following terms of use (“Terms of Use”). If You fail to comply with the Terms of Use, we may suspend and/or terminate Your Agreement or particular Ads. Except as expressly provided in the Terms of Use, all terms and expressions used in these terms of use have the same meaning as defined in the Agreement. The Terms of Use are hereby incorporated by reference as part of the Agreement.

1) Definitions

In these Terms of Use:

“Acceptable Use Policy” means Triton Digital’s then current Acceptable Use Policy which is reproduced and maintained on Triton Digital's website at the following URL address: https://www.tritondigital.com/acceptable-use-policy, and which is hereby incorporated by reference as part of the Agreement.

“Ad” means an advertisement provided by Advertiser, or by You on behalf of an Advertiser, for distribution on Triton Digital’s Ad Inventory.

“Ad Inventory” means the digital audio property, including, without limitation, web, mobile, digital player, in-stream audio and video, application and/or widget-based advertising inventory, on which an Ad may be placed.

“Audience Data” means any and all data or information, whether owned by You or obtained or licensed from a third-party, associated to a particular User.

“Bidding Terms” means, all of (i) the conditions that You require with respect to a particular Ad, as applicable, (ii) the specifications and features of, and rules associated with, its particular Ad, as applicable, and (iii) other information and data provided within the marketplace by or on Your behalf with respect to a particular Ad.

“Minimum Technical Requirements” means the minimum technical requirements which are reproduced and maintained on Triton Digital's website at the following URL address: https://info.tritondigital.com/programmatic-audio-marketplace-ad-specs, and which are hereby incorporated by reference as part of the Agreement.

“Publisher” means a digital media provider, such as a website, mobile application or online application.

“Service” means the service(s) provided to You by Triton Digital pursuant to the Agreement.

“User” means individual accessing a digital device on which the Ad appears.

2) Buyer-Specific

When using the Service:

a. the Bidding Terms entered into the Service shall be complete and correct in all material respects;

b. none of the Ads provided to Triton Digital shall, when viewed or clicked on by a user(s), cause the download or delivery of any software application, executable code, virus, or malicious or social engineering (phishing) code or features;

c. none of the Ads provided to Triton Digital , and none of the sites to which a user is directed following a click on any such Ad, will be obscene, deceptive or otherwise illegal, or infringe the Acceptable Use Policy;

d. Except to the extent necessary for a demand side platform that has entered into a programmatic marketplace agreement or similar agreement with Triton Digital to provide customary demand side platform services to its buyer clients, you shall not, shall not attempt to, and shall not assist or knowingly permit any third party to: (i) disclose Ad Inventory availability, volume, or pricing data obtained through the Service without written consent of the Publisher; or (ii) collect or use data provided by, from or related to a Publisher via a cookie, web beacon, log data analysis or other mechanism or method, for purposes of segmenting, re-targeting, creating or supplementing user profiles or inventory profiles, creating, supplementing or amending interest categories, or syndication or other distribution to third parties, unless (x) such data collection and usage are authorized in writing by or on behalf of the applicable Publisher, or (y) the data is independently derived by You from a user’s “click” on an Ad and not related to the Publisher; and

e. You shall comply at all times with the Minimum Technical Requirements. 

3) Privacy

Considering that the Service is used for interest-based advertising:

a. You must use the marketplace and programmatically place audience targeted, digital audio ads in compliance with all applicable laws, rules or regulations; and

b. Each of Your web sites must contain a privacy policy that discloses the usage of third-party technology and the data collection and usage resulting from the marketplace; each such privacy policy must comply with all applicable laws, rules or regulations; and You must comply at all times with such privacy policy(ies).

If You use Audience Data in connection with the Service, You shall ensure that:

a. The Audience Data have been obtained in accordance with the applicable laws, rules or regulations;

b. You will not select an Ad or target a User based on: (i) personally identifying information; (ii) past visits or clicks by User on sites directed at children under the age of 13 years; or (iii) information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership or data concerning health or sex life, or based on information generally accepted as “sensitive” pursuant to applicable laws, rules or regulations, or Internet advertising industry guidelines and practices, including Article 8 of Directive 95/46/EC;

c. Audience Data does not include any personally identifying information;

d. You will not pass personally identifiable information to Triton Digital, or otherwise associate a cookie, web beacon, or other mechanism with personally identifiable information;

e. You will not collect or store any information or data about the User; and f. You will not transmit, transfer or otherwise disclose Audience Data to Triton Digital and under no circumstance will You transmit, transfer or otherwise disclose personally identifiable information to Triton Digital.

4) Prohibited Acts

You shall not, shall not attempt to, and shall not assist or knowingly permit any third party to:

a. copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works of any Service or any portion thereof;

b. breach, disable, tamper with, or develop or use (or attempt) any workaround for, or otherwise damage any Service or any security measure thereof;

c. interfere or attempt to interfere (whether through a device, software, mechanism, routine or otherwise) with the proper working of any Service or any activity conducted on a Triton Digital or its Third-Party Supplier server;

d. set, read, write, modify or delete any cookie on a Triton Digital or its Third-Party Supplier owned or operated domain; and

e. alter or tamper with any information or materials on or associated with any Service.

5) Additional Service Rules

You acknowledge and agree with the following:

a. The highest bid may not always win an auction due to current and future functionality within the Service, including, without limitation, functionality that may allow a seller to specify Bidding Terms related to the purchase of its Ad Inventory and determine who can bid on and win auctions of Ad Inventory in the Service;

b. Each publisher may exclude You or any of Your clients (either individually or collectively, and either in whole or in part) from bidding on the seller’s Ad Inventory at any time for any reason or no reason;

c. Certain Services or portions of a Service transact in real time, and bids and offers may compete simultaneously against multiple other bids and offers;

d. You will have no recourse for any transaction (e.g., any purchase or sale of Ad Inventory) that does or does not occur based on erroneous Bidding Terms;

e. Publishers, Triton Digital and its Third-Party Suppliers each may reject, remove or deactivate any Ad that do not comply with their respective policies (including, without limitation, the Terms of Use), or do not comply with any applicable law, rule or regulation, or for any reasonable business reason.