Google Ad Planner Agreement
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You should read all this first:
This agreement (”Agreement”) between You and Google Inc. (”Google”) constitutes the Google Ad Planner program (the “Program”) standard terms and conditions. “You” or “Your” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency, and/or any network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
1. Program Participation.
1. Description. You may use the Program to choose sites on which to target ads. You are solely responsible for: (i) Your use of and interpretation of the results generated by the Program, and (ii) Your choices on which sites to target.
2. Policies. Participation in the Program is subject to Google’s prior approval and Your continued compliance with all applicable Google policies and policies of any third party publishers , including, without limitation, the Google Privacy Policy, Program Policy, and Google ad specification requirements (collectively, “Policy” or “Policies”), which may be modified by Google from time to time.
3. Beta Features. Some or all the Program features may be identified as “Alpha,” “Beta,” “Ad Experiment,” or otherwise unsupported (”Beta Features”). To the fullest extent permitted by law, Beta Features (and the existence thereof) are deemed Confidential Information (as defined below), provided “as is” and at Your option and risk.
2. Prohibited Uses. You will not, and will not authorize any party to: (a) except as otherwise expressly set forth in this Agreement, grant any use, access, or rights to the Program or any technology associated with the Program to any third party; (b) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Program or any other Google technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (c) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes the Program or access thereto (including, but not limited to any part, copy or derivative thereof); (d) remove, obscure, or alter any notice of copyright, trademark, trade secret, or other proprietary right related to the Program; and (e) use the Program: (x) to link or merge any data to or with any personally identifiable information (”PII”), or (y) to derive PII therefrom, in each case without the prior affirmative consent (opt-in) of the natural person identified by the PII; or (j) transmit any information to Google in violation of any applicable law, regulation or Policy or in a manner that includes any PII or unique identifier for an individual or household, whether or not it is PII.
3. Confidential Information; Data Use; Security; Publicity.
1. Confidential Information. Neither party will disclose the other party’s Confidential Information (as defined below) without the other’s prior written consent except for the purpose of performing its obligations under this Agreement, as otherwise permitted by this Agreement, or if required by law, regulation or court order, in which case, the party being compelled to disclose the Confidential Information will give the other such party as much notice as is reasonably practicable prior to disclosing such information. Each party will not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Upon termination of this Agreement, the parties will promptly return or destroy all Confidential Information and, upon request, provide written certification of such destruction. “Confidential Information” means any proprietary data and any other confidential information disclosed by one party to the other party in connection with this Agreement in writing and marked “confidential” or disclosed orally and identified as being confidential. The existence of this Program will be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information will not include any information (i) that is or becomes known to the general public through no fault of the receiving party, (ii) which is already in the receiving party’s possession prior to disclosure by a party, (iii) or which is independently developed by the receiving party without the use of the Confidential Information. Neither party may make any public statement regarding the relationship contemplated by this agreement without the other’s prior written approval.
This what you can get after signing up to Google ad planner:

2. Data Use. Google may retain and use, subject to the terms of its Privacy Policy, information collected from Your use of the Program (”Data”). Google will not disclose Data that is directly attributable to You with any third parties unless Google (i) has obtained Your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Google, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Google’s behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Google and in accordance with this Agreement. You agree that the limitations in the prior sentence do not apply to pre-existing data related to Your or advertiser’s website that is available through the Program used by third parties. You agree that Google may aggregate Data with data collected from other advertisers’ campaigns, and use such aggregated data to improve the Program, provided that Google will only aggregate data in a manner such that no third party could identify which advertisers’ data contributed to the aggregated set.
3. Security. You will use industry best computing practices, use only trusted networks, and well-maintained secure computers to access the Program and to access and process reports in connection with the Program. Additionally, You will use industry best practices to safeguard Program reports that Google may provide to You from time to time. You acknowledge that the security of delivered unaggregated reports is outside of Google’s control and You will be solely responsible for any unauthorized access to such reports or breach of security relating to such reports. You may provide access to such reports only to its employees who have a legitimate need to know under a strict duty of confidentiality. Your use of such reports will comply with Your privacy policy and You may maintain such reports for a period of eighteen (18) months.
4. Publicity. You agree that Google may use Your name and logo in presentations, marketing materials, customer lists, financial reports, and Web site listings. You may not use Google’s name in any news release, public announcement, advertisement, or other form of publicity in relation to this Agreement without securing the prior written consent of Google.
4. Agency; Accounts. You represent and warrant that You are authorized to act on behalf of, and have bound to this Agreement each applicable advertiser. Either You or Google may share advertiser’s Program information with such advertiser or its designee. You will protect any passwords related to Your use of the Program and You are responsible for Your own, and any third party’s, use of any of Your accounts and information included therein (including any accounts linked to Your accounts).
5. Representations and Warranties. You represent and warrant that: (a) all information You provide to Google is complete, correct and current; (b) You will use reasonable efforts to ensure that each publisher complies with all applicable laws and regulations; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied with, and will continue to comply with, all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder; and (e) You will not use the Program to target publisher properties, media or content that (i) use unlawful or deceptive means to install software on computers, (ii) collect PII without the prior affirmative consent (opt-in) of the end user, or (iii) violate Policies or this Agreement.
6. Your Obligation to Indemnify. You agree to indemnify, defend and hold Google, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant publishers, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program and/or Your breach of any term of this Agreement.
7. Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW:
1. GOOGLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.
2. YOU ARE SOLELY REPONSIBLE FOR THE CONTROL, OPERATIONS AND SECURITY OF YOUR INTERNET TRANSACTIONS AND COMMUNICATIONS THROUGH, ACCESS TO, OR USE OF THE PROGRAM, AND GOOGLE DISCLAIMS, AND YOU HEREBY WAIVE, ANY SUCH RESPONSIBILITY OR AUTHORITY IN GOOGLE.
3. GOOGLE DISCLAIMS ALL GUARANTEES REGARDING THE ACCURACY AND SUFFICIENCY OF PLANNING DATA GENERATED BY THE PROGRAM, REPORTING DATA AND METRICS DATA (E.G. REACH, SIZE OF AUDIENCE, DEMOGRAPHICS OR OTHER PURPORTED CHARACTERISTICS OF AUDIENCE).
8. Limitation of Liability. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUTOMER’S BREACHES OF SECTION 1(c), AND TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTIONS OF DATA OR FOR ANY LOSS OR INTERRUPTSAN TO YOUR BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO THE GREATER OF (x) FEES PAID IN THE LAST THREE (3) MONTHS, OR (y) $10,000.00. Neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to: (i) acts of God, government, terrorism, natural disaster, labor conditions and power failures; (ii) outages to any public Internet backbones, networks or servers; and/or (iii) failure of Your or publisher’s equipment, systems or local access services.
9. Term & Termination. This Agreement will have a term of one (1) year from the latest of the signature dates below and will expire on the anniversary of such date. Google may cancel or suspend immediately any of its Programs. Either part may terminate this Agreement at any time with notice. Sections 1(c), 3, 4, 5, 6, 7, 8, 9, and 10 will survive any expiration or termination of this Agreement.
10. Miscellaneous. This Agreement is governed by California law except for its conflicts of laws principles. The exclusive venue for any disputes relating to this Agreement is Santa Clara County, California, and Google and You consent to personal jurisdiction in those courts. Nothing in this Agreement may limit either party’s ability to seek equitable relief. The Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior or contemporaneous agreements. Any modifications by either party to the Agreement must be made in a writing executed by both parties. Any legal notices to Google must be sent to Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department via confirmed facsimile, with a copy sent via first class or air mail or overnight courier, and are deemed given upon receipt. Failure to enforce any provision will not constitute a waiver, and if any provision is found unenforceable, such provision will be interpreted to best accomplish its intended objectives. The parties may execute this Agreement in counterparts, which taken together will constitute one instrument. Neither party may assign any of its rights hereunder and any such attempt is void. Google and You are not legal agents, but are independent contractors. In the event that these Terms or a Program expire or is terminated, Google will not be obligated to return any materials to Yo

