Terms and Conditions

Please Note:  These terms also are shown during the sign up process so that you can see them before you accept.

PubMatic Terms and Conditions

The Terms and Conditions apply to Self-Service Publishers, not to Publishers who have signed a separate agreement for PubMatic Premier.

BY CLICKING THE “I ACCEPT’ BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS WITH PUBMATIC, INC., YOU AFFIRM THAT (i) YOU ARE AT LEAST 18 YEARS OF AGE; (ii) THAT YOU ARE AN EMPLOYEE, DIRECTOR, OR AGENT OF THE ENTITY IDENTIFIED IN AN ONLINE REGISTRATION FORM SUBMITTED IN CONJUNCTION WITH THESE TERMS AND CONDITIONS (THE “PUBLISHER”); (iii) THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE PUBLISHER TO THE FOLLOWING TERMS AND CONDITIONS (THE “T&CS”); AND (iv) THAT PUBLISHER AGREES TO THE T&Cs AND SHALL COMPLY WITH THEM WHEN USING PUBMATIC’S ONLINE ADVERTISING OPTIMIZATION SERVICE (THE “PUBMATIC SERVCE”).

PubMatic Service Description. The PubMatic Service helps online web site or application publishers, like Publisher, to optimize their adverting inventory by providing access to multiple online advertising networks and exchanges (“Ad Networks”) through the PubMatic interface and by optimizing demand among Ad Networks for this ad inventory.  In return for the PubMatic Service, Publisher allows PubMatic to include Publisher’s advertising inventory in campaigns purchased by Ad Networks directly from PubMatic.

License Grant. PubMatic hereby grants Publisher a non-exclusive, non-transferable, right to use the PubMatic Service, subject to these T&Cs. PubMatic and its licensors reserve all rights not expressly granted to Publisher. Publisher warrants it will not access the PubMatic Service for purposes of monitoring its availability, performance, or functionality, or for resale or trafficking of PubMatic ad tags or advertisements, or for any other benchmarking or competitive purposes.  Publisher’s use of the PubMatic Service is subject to PubMatic’s approval and Publisher’s continued compliance with these T&Cs. PubMatic reserves the right to rescind Publisher’s license to the PubMatic Service at any time in its sole discretion. By using the PubMatic Service, Publisher agrees that PubMatic may serve third-party advertisements (“Ad Units”) on the Web sites, Internet-enabled applications, and other online environments that Publisher owns or is legally authorized to operate and on which Publisher installs PubMatic ad tags (the “Sites”).  Multiple accounts held by the same Publisher are subject to immediate termination unless expressly authorized in writing by PubMatic.

Implementation and Operation of Ad Units. Publisher agrees to comply with the instructions provided by PubMatic from time to time to enable proper delivery, display, tracking, and reporting of Ad Units in connection with the Site(s), including without limitation by not modifying the JavaScript or other programming provided to Publisher by PubMatic in any way, unless expressly authorized in writing by PubMatic.

Ad Network T&Cs. Publisher’s participation in the PubMatic Service does not discharge Publisher from complying with the separate Agreements and/or Terms & Conditions that Publisher has entered into with the Ad Networks while registering accounts that Publisher has integrated into the PubMatic Service.  Transactions separate from the PubMatic Service between Publisher and any Ad Network are performed in Publisher’s discretion and that of the Ad Network and PubMatic has no obligation or responsibility in connection with these transactions.

Prohibited Content. “Prohibited Content” includes indecent material, obscene or pornographic material, hate speech, subject matter that is highly objectionable, material that promotes or allows download of software viruses or other malware, or any material that is itself illegal or which improperly references illegal activities.  PubMatic represents and warrants that it shall not traffic, display or deliver Ad Units or any other digital representation of Prohibited Content to users of the Sites.

PubMatic’s Limited Warranties. PubMatic represents and warrants that it is in compliance with all applicable federal, state, and local laws, rules, and regulations, and that, to the best of its knowledge, the PubMatic Service does not infringe any U.S. patents, or any copyright, trademark, or other intellectual property rights.  PubMatic further warrants that its performance hereunder shall not conflict with any duties owed to, or rights held by, third parties. 

Publisher Warranties. Publisher represents and warrants that:

  1. i.         all of the information Publisher has provided and shall in the future provide to PubMatic is accurate and current;
  2. ii.         Publisher has all necessary and legal rights, powers, and authority to accept and be bound by these T&Cs and to perform the acts required of Publisher hereunder;
  3. iii.         Publisher is in compliance with all applicable federal, state, and local laws, rules, and regulations including without limitation the CAN-SPAM Act of 2003, California’s Online Privacy Protection Act of 2003, and any applicable data protection or privacy laws;
  4. iv.         that the Sites do not display, reference, link to, or endorse Prohibited Content;
  5. v.         it will implement PubMatic’s specifications for placement and use of PubMatic’s Ad Tags;
  6. vi.         it shall not license, sell, assign, distribute or otherwise commercially exploit or make available to any third party the PubMatic Service, including advertisements derived from the PubMatic Service or the PubMatic Ad Tags;
  7. vii.         it shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the PubMatic Service, PubMatic Ad Tags, PubMatic’s other software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the PubMatic Service or proprietary information related thereto;
  8. viii.         it shall not integrate any Sites containing software viruses, worms, Trojan horses or other harmful computer code into the PubMatic Service or otherwise interfere with or disrupt the integrity or performance of the PubMatic Service;
  9. ix.         it shall not attempt to gain unauthorized access to the Service or its related systems or networks;
  10. x.         it shall not, directly or indirectly, generate queries or impressions of or clicks on any Ad Unit through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software;
  11. xi.         it shall not create links to the PubMatic Service, frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of an Ad Unit (“Advertiser Page”);
  12. xii.         it shall not redirect an end user away from any Advertiser Page or provide a version of the Advertiser Page that is different from the page an end user would access by going directly to the Advertiser Page;
  13. xiii.         it shall not intersperse any content between the Ad Unit and the Advertiser Page; or otherwise provide anything other than a direct link from an Ad Unit to an Advertiser Page;
  14. xiv.         it shall not display any Ad Unit(s) on any error page, on any registration or “thank you” page (e.g., a page that thanks a user after he/she has registered with the applicable Web site), on any chat page or in any email, or on any Site that contains Prohibited Content ;
  15. xv.         it shall not directly or indirectly access, launch, and/or activate Ad Units through or from, or otherwise incorporate the Ad Units in, any software application, Web site, or other means other than the Site(s);
  16. xvi.         it shall not “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any Ad Units or any part, copy, or derivative thereto; and,
  17. xvii.         it shall not engage in any action or practice that reflects poorly on PubMatic or otherwise disparages or devalues PubMatic¹s reputation or goodwill.

PubMatic Rights & Duties. PubMatic reserves the right to investigate, at its own discretion, any activity that may violate these T&Cs, including but not limited to any use of a software application to access Ad Units or any engagement in any activity prohibited by these T&Cs.  Publisher agrees that it will cooperate with any investigation initiated by PubMatic under these T&Cs.  Publisher grants PubMatic the right to access, index and cache the Site(s), or any portion thereof, including by automated means including Web spiders or crawlers.  Publisher also authorizes PubMatic to access the performance and billing reports provided by each Ad Network which Publisher has integrated into the PubMatic Service.  PubMatic will provide a commercially reasonable amount of technical support by email, message-board and/or Internet-based chat technology, should Publisher need such support.

Termination; Survival. PubMatic reserves the right to immediately terminate this Agreement at any time by blocking Publisher’s access to the PubMatic Service.  Publisher may also terminate this Agreement at any time by removing the PubMatic Ad Tags from the Site(s).

Confidentiality. Publisher agrees not to disclose to any third-parties (i) any communications between PubMatic and Publisher or Publisher’s representatives related to the PubMatic Service; (ii) all PubMatic software, technology, programming, specifications, materials, guidelines and documentation relating to the PubMatic Service including Ad Tag code; (iii) any information regarding the PubMatic Service that a reasonable person familiar with the Internet and online advertising would consider proprietary and confidential; and, (iv) (b) any written materials or oral presentations designated by PubMatic as “Confidential” or an equivalent designation at the time of disclosure (“Confidential Information”).

Disclaimer. PUBMATIC HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PUBMATIC SERVICE, WHETHER THEY BE EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. PUBMATIC DOES NOT WARRANT THAT THE PUBMATIC SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE AND IT IS POSSIBLE THAT THE PUBMATIC SERVICE MAY BE INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME. PUBMATIC MAKES NO REPRESENTION OR WARRANTY ABOUT THE RESULT YOU WILL OBTAIN THROUGH THE PUBMATIC SERVICE including the level of Ad Unit impressions or clicks on any Ad Unit or the timing of delivery of such impressions and/or clicks under these T&Cs.  PubMatic is neither a party nor a third-party beneficiary to any Ad Network agreements Publisher has entered into through the PubMatic Service and provides no warranty regarding continued operation of the Ad Network, content of the Ad Units provided by the Ad Network, payment by the Ad Network, or timeliness of the Ad Network in displaying Ad Units on the Site(s).  PubMatic is not responsible for the receipt of queries from end users of the Site(s) or the transmission of data between the Site(s) and PubMatic.

Limitation of Liability; IN NO EVENT SHALL PUBMATIC BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES, INCLUDING COMPENSATORY, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF PUBMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  PUBLISHER ACKNOWLEDGES AND AGREES THAT ITS USE OF THE PUBMATIC SERVICE IS AT PUBLISHER’S OWN RISK AND THAT PUBLISHER’S SOLE REMEDY IN CASE OF ALLEGED DAMAGES ARISING FROM USE OF THE PUBMATIC SERVICE IS TO IMMEDIATELY TERMINATE ITS USE OF THE PUBMATIC SERVICE. PUBLISHER AGREES THAT IN NO CASE SHALL PUBMATIC BE MONETARILY LIABLE TO PUBLISHER.

Publicity and Marketing. You grant PubMatic a non-exclusive, non-transferable, royalty-free license to use Publisher’s company name, service, and/or logos (“Trademarks”) for use by PubMatic on PubMatic’s web site, promotional materials, and marketing collateral in conjunction with the PubMatic Service.   PubMatic shall make no other use of the Trademarks.  PubMatic acknowledges and agrees that the rights granted to PubMatic by this license do not constitute and should not be construed to be an assignment of any or all of Publisher’s rights with respect to the Trademarks.

Publisher’s Obligation to Indemnify. You agree to indemnify and hold harmless PubMatic, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) against any third-party claims, arising from (a) any alleged violation of privacy; (b) any alleged infringement of  the third party’s copyright, patent, trade secret, trademark or other intellectual property rights; and (c) any alleged violation of applicable laws, rules, and regulations.

PubMatic Intellectual Property Rights. Publisher acknowledges that PubMatic owns all right, title and interest, including without limitation any and all rights created by patent, copyright, trademark, and trade secret law in and to the PubMatic Service, including PubMatic’s Ad Tags, and the brands and trademarks for AdFlex and PublisherConnect and all other trademarks, copyrights, patents, or other intellectual property registered by or owned by PubMatic (collectively “PubMatic IP”). Publisher agrees that it will not acquire any right, title, or interest in or to the PubMatic IP except as expressly set forth in these T&Cs. Publisher will not remove, obscure, or alter PubMatic’s copyright notice, brands and trademarks, or other proprietary rights notices affixed to or contained within PubMatic’s, software, or documentation.

Miscellaneous. The laws of California, except for its conflicts of laws principles, shall govern these T&Cs. The parties agree that any claim or dispute arising under these T&Cs shall be determined by binding arbitration before Judicial Arbitration and Mediation Services/Endispute (“JAMS”) in Redwood Shores, California, in accordance with JAMS commercial rules of arbitration.  Should litigation continue beyond arbitration, the parties agree to jurisdiction and venue for any dispute or claim arising out of or in connection with these T&Cs in the state and federal courts of Santa Clara County, California.  These T&Cs constitute the entire agreement between the parties with respect to the subject matter hereof.  It is subject to change, at any time, by PubMatic by posting new or amended T&Cs on the PubMatic Web site.  It is Publisher’s responsibility to regularly review PubMatic’s web site for changes to these T&Cs.  Publisher’s continued use of the PubMatic Service after PubMatic posts new T&Cs shall act as Publisher’s agreement to any changes. PubMatic’s failure to require performance of any provision shall not affect PubMatic’s right to require performance at any time thereafter, nor shall PubMatic’s waiver of any breach or default of these T&Cs constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of these T&Cs will remain in full force and effect. Publisher may not resell, assign, or transfer any of its rights hereunder. Notwithstanding the foregoing, PubMatic may assign this Agreement to any third-party at any time without notice.

Copyright Information. Copyright 2009 PubMatic, Inc. All rights reserved.