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Retargeting Service Addendum

Retargeting Service Addendum

In the event that Advertiser has selected the Yieldmo Retargeting Service, the following additional terms shall apply:

1. Definitions

The following definitions are added to the “Definitions” section of the Standard Terms.

“Advertiser Data” means data that Media Company collects through Media Company Tags on the Properties, including any information that can be attributed to a user via cookies or other technologies that record events related to users’ activity on the Properties (such as the number of pages viewed, the products viewed, searches, etc.), and any product feeds, product catalog or end user-related information provided by or on behalf of Advertiser, Agency or Advertiser Vendor to Media Company.

“Advertiser Vendor” means a third party vendor who provides services to Advertiser or Agency with respect to Advertiser Data.

“Marks” means the trade names, trademarks, logos and service marks of a party.

“Properties” means websites, mobile websites, applications and other media of Advertiser from which Advertiser Data may be collected.

“Service Data” means: (i) aggregated data provided by third parties independently of the provision of the Yieldmo Retargeting Service to Advertiser (e.g., Network Property-related data); and (ii) data related to Media Company’s ad serving activity such as the number of Ads displayed to users, and aggregated Advertiser Data that does not identify or permit identification of Advertiser or Agency.

“Media Company Tags” means software code, tags and cookies supplied by Media Company for Advertiser or Agency to include in the Properties, in order to facilitate the transmission of Advertiser Data to Media Company.

“Yieldmo Retargeting Service” means Media Company’s proprietary technology and functionality that allows Media Company to determine which Ads should be served to a user at a given time, to serve such Ads and to measure the performance of such Ads.

2. Specifications and Obligations

Advertiser and Agency will abide by Media Company’s then-current specifications for the Yieldmo Retargeting Service (the “Specs”), and may be required to: (a) include Media Company Tags on the Properties, (b) supply Media Company with Advertiser Data; and (c) supply Media Company with Advertiser’s Marks and/or Advertiser Materials to be displayed in Ads. Media Company shall have sole discretion as to where and how often the Ads will be displayed. Ads may be displayed next to advertisements of Advertiser’s direct or indirect competitors. Media Company does not warrant any start or end dates (if any) stated in the IO. Media Company reserves the right to modify the Yieldmo Retargeting Service, and to suspend or reject any Ads at any time.

Advertiser represents and warrants that its Ads, Advertiser Data and other materials provided to Media Company (including but not limited to data or materials provided by Advertiser Vendor) do not violate any law or regulation or any applicable advertising or marketing codes of conduct, infringe or dilute any third party rights, promote hate, violence, discrimination or racism or any illegal activities, products, services or subject matter, are not obscene, pornographic, libelous or defamatory, and do not contain any viruses, Trojan horses, spyware, malware or other harmful or malicious components.

Advertiser will indemnify, defend and hold harmless Media Company and its officers, directors, agents and employees from and against any and all third party claims, actions, losses, liabilities, damages, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to a breach by Advertiser of the foregoing sentence.

3. Ownership and License

As between the parties: (a) Media Company is the sole and exclusive owner of all right, title and interest in and to the Yieldmo Retargeting Service, Media Company Tags, Service Data, Media Company’s Marks, and all intellectual property rights in and to the foregoing (collectively, “Media Company Materials”), and (b) Advertiser is the sole and exclusive owner of all right, title and interest in and to the Properties, Advertiser Data, Advertiser Materials, Advertiser’s Marks, and all intellectual property rights in and to the foregoing (collectively, “Advertiser Materials”). Each party reserves all rights not expressly granted in this Agreement.

During the Term, Advertiser and Agency grant Media Company a limited, non-exclusive, worldwide, royalty-free right and license to: (i) collect, use, analyze and process the Advertiser Data, to combine the Advertiser Data with Service Data and to perform the Yieldmo Retargeting Service for Advertiser; and (ii) use and reproduce Advertiser’s Marks and the Advertiser Materials to create or enhance Ads for Advertiser, and to display the Ads on the Network Properties and on documentation promoting the Yieldmo Retargeting Service.

During the Term, Media Company grants to Advertiser a limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use Media Company’s User Interface and Media Company Tags solely for the purpose of enabling and managing Advertiser’s Ad campaigns hereunder (the “Licensed Purpose”). Advertiser and Agency shall use the Media Company Materials solely for the Licensed Purpose and will not, nor attempt to, sell, resell, rent, lease, sublicense, distribute, transfer or otherwise provide them or any portions or copies thereof to any third party, whether on a “service bureau” basis or otherwise, or alter, adapt, port, modify, copy, translate, reverse engineer, decompile or disassemble the Media Company Materials or any portions or copies thereof, create derivative works therefrom, nor tamper with or use any workaround to interfere with the proper working thereof.

As between the parties, Advertiser and Agency will be solely responsible for any services performed by Advertiser Vendor with respect to the Advertiser Data, and for complying with the applicable agreement(s) in effect from time to time between Advertiser/Agency and Advertiser Vendor and with any applicable platform terms and conditions (e.g., those imposed via the Android or iOS mobile operating systems).

4. Data Usage and Privacy

A new Subsection i. is added to Section XII as follows:

Media Company may use and disclose Service Data and information that it receives in connection with the Yieldmo Retargeting Service in an aggregated form that is not identifiable to Advertiser, Agency or end users to provide, enhance or market the Yieldmo Retargeting Service. Advertiser agrees to provide all necessary disclosures and choices to end users, and obtain all necessary consents from end users, as required under applicable data protection laws and regulations and the self-regulatory principles of the Digital Advertising Alliance and the European Digital Advertising Alliance, as applicable.

Advertiser agrees to maintain an easily accessible privacy policy and to abide by such privacy policy. Without limiting the foregoing, Advertiser agrees that its privacy policy will: (i) disclose the collection, use and sharing of data by third parties from the Site and the types of information collected by such third parties; (ii) disclose the use of cookie and non-cookie technologies used by such third parties; and (iii) provide a clear and conspicuous opt-out mechanism, and link to the DAA opt-out page (currently located at https://optout.aboutads.info/?c=2&lang=EN).

Each party will comply with the Data Protection Addendum available at: https://yieldmo.com/DPA-Controller-to-Controller/ (the “DPA”). Yieldmo may modify the DPA from time to time by providing thirty (30) days prior written notice to Advertiser. If Advertiser objects to any such modification, Advertiser may terminate this IO by giving written notice to Yieldmo at any time during such thirty (30) day period. If Advertiser continues to use the Yieldmo Retargeting Service beyond such thirty (30) day period, Advertiser shall be deemed to have accepted the modifications.

In the event that Advertiser or Agency makes use of an Advertiser Vendor in connection with this Agreement, then: (a) it shall contractually require Advertiser Vendor to comply with this Section XII; and (b) it agrees and acknowledges that Media Company may disclose Confidential Information of Advertiser or Agency to such Advertiser Vendor as necessary in order to allow Media Company and Advertiser Vendor to reasonably cooperate in order to facilitate the provision of the Yieldmo Retargeting Service hereunder.

Last updated: September 24, 2025