NextRoll Prospecting Services Addendum
You (“you,” “your,” or “Customer”) wish to participate in the NextRoll prospecting data co-op program (the “Program”) offered by NextRoll, Inc. (“NextRoll”) in which you and other companies participating in the Program (together, the “Participants”) permit NextRoll additional rights to use data generated by NextRoll’s advertising services (the “NextRoll Services”) to target advertisements to end users cookied by NextRoll. If you are participating in or using the Program on behalf of a company, organization or other entity, then (i) “you,” “your,” or “Customer” includes such entity and (ii) you represent that you are authorized to enter into this NextRoll prospecting Participation Agreement (“Agreement”) and grant all permissions and licenses provided in this Agreement on such entity’s behalf.
By clicking “I Agree” or otherwise participating in or benefiting from the Program, you agree (i) to be bound by these terms and conditions which supplement NextRoll’s Terms of Service (available at https://www.nextroll.com/terms, the “Terms”) or other agreement explicitly superseding the Terms between you and NextRoll signed by authorized representatives of the parties (“Authorized Agreement”) and (ii) that the Program is deemed part of the NextRoll Services generally and specifically part of the “Service” provided to you under an insertion order or Authorized Agreement. In the event of any direct conflict in terms found between the Terms or Authorized Agreement and this Agreement, the terms of this Agreement control with respect to the Program.
1. SERVICE DATA.
Customer grants to NextRoll, during the Term (as defined in Section 4), the following additional rights to access and use Service Data (as defined in the Terms) in connection with the provision of the NextRoll Services, including the Program, to any and all Participants which benefit other Participants in the Program by running advertising campaigns against such Service Data. A Participant’s cookie ID data included in the Service Data will not be accessed by or transferred to any other Participant. Customer also grants NextRoll the right to disclose Service Data for use in connection with the Program and related NextRoll Services, as long as any disclosure of such data is aggregated, anonymized or otherwise does not individually identify Customer.
2. PROGRAM DATA.
To the extent that NextRoll provides or makes available to Customer any data derived from, stored in, or otherwise relating to the cookies set by NextRoll in the performance of the NextRoll Services for Participants (“Program Data”), NextRoll grants to Customer, during the Term, the right to use and benefit from the Program Data solely in connection with Customer’s participation in the Program. NextRoll is not obligated to disclose to Customer the identity of any Participant. Immediately upon any notification by NextRoll of (any reason requiring, in NextRoll’s sole discretion, cessation of use of any Program Data, NextRoll may, and Customer shall, cease all use of such Program Data.
Customer will not receive any compensation or other payment for NextRoll’s or the Participants’ use of the Service or Program Data.
This Agreement commences on the earlier of (i) your clicking the “I Agree” button, or (ii) your participation in or benefiting from the Program, and continues until termination of this Agreement or the NextRoll Terms by either party (the “Term”). Either party may terminate this Agreement for convenience at any time upon 48 hours prior written notice. Sections 1 and 5-7 shall survive any expiration or termination of this Agreement.
5. CUSTOMER’S REPRESENTATIONS.
Customer represents and warrants that: (i) it has taken all action required to make this Agreement a legal, valid and binding obligation; (ii) the collection, transfer, use and disclosure of Service or Program Data in accordance with this Agreement will not violate the rights of any third party (including any Customer site visitors) or any statements in its own posted Privacy Notice or similar privacy statement; and (iii) it will comply with all applicable law.
6. LIMITATION OF LIABILITY.
NEXTROLL WILL HAVE NO LIABILITY IN CONNECTION WITH, AND CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD NEXTROLL HARMLESS FOR, ANY THIRD PARTY CLAIMS RESULTING FROM CUSTOMER’S FAILURE TO PROVIDE NOTICES TO OR OBTAIN CONSENT FROM END USERS AS MAY BE REQUIRED BY APPLICABLE LAW REGARDING (1) CUSTOMER’S PRIVACY PRACTICES OR (2) NEXTROLL’S COLLECTION, USE OR DISCLOSURE OF SERVICE OR PROGRAM DATA AS CONTEMPLATED IN THIS AGREEMENT.
7. MODIFICATIONS TO THIS AGREEMENT AND THE PROGRAM.
NextRoll reserves the right, at its discretion, to make any changes to the Program or any part thereof, except that in the event of any material changes to the Program, NextRoll will use reasonable efforts to notify you of such changes. If you do not wish to continue to use the modified Program, as your sole and exclusive remedy, you may terminate your participation in the Program upon written notice to NextRoll.
Please send any questions or comments to NextRoll, Inc., Attn: NextRoll prospecting Services Addendum, Email: email@example.com, 2300 Harrison St., Fl. 2, San Francisco, CA 94110, U.S.A.