Agreement on the Terms and Conditions of Internet Advertising Labeling
Revision dated November 9, 2023
This Agreement on the terms and conditions of Internet Advertising Labeling (hereinafter – “Terms” or “Agreement”) is an integral part of the OFFER for the conclusion of a contract of paid services for advertising available at the link: https://www.admitad.ru/en/terms/oferta-publishers/ (hereinafter – “Contract”), and establishes the procedure of Internet Advertising Labeling in order to fulfill the requirements stipulated by Article 18.1 of the Federal Law of 13.03.2006 № 38-FZ “On Advertising” (hereinafter – “Law on Advertising”). By accepting the terms and conditions of the Offer, the Contractor also accepts and undertakes to comply with this Agreement.
Unless otherwise specified in these Terms and Conditions, capitalized terms used in these Terms and Conditions shall have the meaning given to them in the Agreement or as provided for by the laws of the Russian Federation:
“Unified Internet Advertising Registry (UIRR)” – created in accordance with the provisions of the Federal Law dated July 02, 2021. No. 347-FZ “On Amending the Federal Law ‘On Advertising’” is a system designed to record, store and process information on advertising disseminated on the Internet by the federal executive authority responsible for control and supervision of the mass media, mass communications, information technology and communications.
“Information” – data on the advertising distributed in the Internet, including information about the Customer, the composition of which is determined in accordance with Part 1 of Article 18.1 of the Federal Law ‘On Advertising’, as well as the Order of the Government of the Russian Federation dated May 30, 2022 № 1362-r.
“Marker (unique identifier, token, ID) of advertising” – a unique digital designation intended to ensure traceability of advertising distributed on the Internet and record information about such advertising.
“ORD (advertising data operator)” – a company-owner of programs for electronic computing machines designed to establish the fact of advertising distribution on the Internet, authorized by the Federal Service for Supervision in the Sphere of Communications, Information Technologies and Mass Media to keep records of advertising on the Internet and provide information to the Federal Service for Supervision in the Sphere of Communications.
In order to fulfill the requirements of the “Law on Advertising”, the parties have agreed on the following procedure:
2.1 The Customer undertakes to independently ensure assignment of unique identifiers and “Advertisement” marking to advertising and information materials placed under the Agreement in accordance with the requirements established by the Federal Law “On Advertising” dated 13.03.2006 No. 38-FZ and other regulatory and legal acts, if advertising and information materials are placed using advertising systems (services) if they have the function (authority), including on the basis of the relevant contract with the ORD for assignment of advertising and information materials. The Contractor acknowledges and agrees that the Customer chooses the ODS with which he concludes the relevant contract at his own discretion.
2.2 Assignment by the Customer of unique identifiers to advertising and information materials and the mark “Advertisement” placed under the Agreement shall be carried out in accordance with the procedure established by advertising systems (services) and/or persons authorized by them to perform this function. In case the Contractor does not agree with the terms of assigning unique identifiers and marking “Advertisement” to advertising and information materials, the Contractor shall assign unique identifiers and marking “Advertisement” to advertising and information materials independently and at its own expense in accordance with the requirements established by the Federal Law “On Advertising” dated 13.03.2006 No. 38-FZ and other regulatory and legal acts.
2.3 If the Customer independently assigns unique identifiers and the label “Advertisement” to the advertising and information materials placed under the Agreement, in accordance with clause 2.1. of the Additional Agreement. Additional Agreement, the Contractor undertakes to use the advertising and information materials in the form in which they were provided by the Customer. If the Contractor modifies and/or shortens and/or cuts unique identifiers or “Advertisement” markings on advertising and information materials, the Contractor undertakes to compensate the Customer for the losses incurred by the latter due to such actions upon the Customer’s written request.
2.4 The Customer shall not be liable for the inability to fulfill its obligations under the Contract due to technical errors in the operation of the ORD and/or EGIR.
2.5 In cases when the Contractor independently assigns unique identifiers to advertising and information materials and the label “Advertisement”, the Contractor shall be liable to the Customer for placement of advertising and information materials without assigned unique identifiers and the label “Advertisement”. The Contractor also agrees that in case the Customer reveals that the placed advertising and information materials are not assigned unique identifiers and marking “Advertisement” in accordance with the requirements established by the Federal Law “On Advertising” from 13.03.2006 № 38-FZ and other regulations, the Customer has the right to suspend the provision of services under the Agreement with notification of the Contractor and in case of bringing the Customer and/or the Customer’s Client (Advertiser) to administrative responsibility in a case of administrative offense. The Contractor shall coordinate in writing with the Customer, the ORD with which it will conclude the relevant contract, to fulfill the obligation to assign unique identifiers to advertising and information materials, only after the coordination of the ORD with the Customer, it is possible to conclude the relevant contract between the Contractor and the ORD.
2.6 In fulfillment of clause 2.5 of this Supplementary Agreement, the Contractor is not entitled to transfer the information on advertising received from the Customer in accordance with part 5 of article 18.1 of the Federal Law “On Advertising”, as well as in accordance with the Order, to other persons, except for ERIR or ORD, with which the Contractor has concluded a corresponding contract for the transfer of information on advertising in accordance with part 5 of article 18.1 of the Federal Law “On Advertising” to the Federal Service for Supervision of Communications, Information Technologies and Mass Media, as well as to the Federal Service for Supervision of Communications, Information Technologies and Mass Media, and to the Federal Service for Supervision of Communications, Information Technologies and Mass Media.
2.7 The Contractor, guided by Art. 406. .1 of the Civil Code of the Russian Federation, undertakes to reimburse at the Customer’s request the Customer’s property losses incurred in connection with the Customer’s additional accrual of profit tax, relevant penalties and fines, due to the tax authority’s qualification of the costs under the Contract as unlawfully included in the expenses for the purposes of profit taxation due to the identification of signs of an unfair taxpayer/contractor in the Contractor’s activity and/or third parties engaged by the Contractor for the purposes of the Contract execution. Reimbursement of the Customer’s property losses shall be made by the Contractor on the basis of an invoice issued by the Customer and a motivated written request of the Customer, with an attached calculation of the amount of property losses and a copy of the relevant decision of the tax authority.
2.8 The Contractor unconditionally agrees to the Customer to provide the advertising data operator with information about the Contractor, as well as information about the advertising placed under the Contract, to the extent established by the Federal Law “On Advertising” dated 13.03.2006 № 38-FZ and other regulations.
The Agreement is an integral part of the Offer.
In everything that is not stipulated by this Agreement the Parties shall be guided by the provisions of the Offer and the legislation of the Russian Federation. If any condition of the Offer contradicts the provisions of this Agreement, the provisions of this Agreement shall apply.
The Agreement enters into force from the date of its approval by the General Director of SPARTA LLC and publication of its full text in the Internet at the following address: Admitad.ru/ord.