Unless stated otherwise, the Insertion Order (“IO”) and the placement of advertising on any DOSH Holdings, Inc. (“Media Company”) online or mobile properties shall be subject to and governed by the IAB/AAAA Standard Terms and Conditions for Advertising For Media Buys One Year or Less Version 3.0 which can be found at www.iab.net/media/file/IAB_4As-tsandcs-FINAL.pdf ("IAB Standard Terms") whose terms Advertiser (and Agency if applicable) is deemed to have read and agreed to, as further modified as follows.
Description of Services: Media Company shall serve and manage a marketing campaign on behalf of Advertiser and/or Agency (if applicable) featuring one or more offers that reward DOSH users for transacting with Advertiser (each an "Offer"). Media Company may promote such Offers via its mobile application, email, mobile alerts and/or other marketing collateral distributed to Media Company's customer base.
Description of Offer: The Offer shall consist of a variable cash back amount awarded to a DOSH user based on such user's in-store (or online) purchase made with Advertiser during the term of the campaign (each qualifying purchase, a "Transaction"). The Media Company shall determine and manage the cash back percentage of any Offer including which DOSH users are presented with the Offer and the amount of variable cash back offered to any given DOSH user.
Distribution and Display: The Offer will be distributed on the Dosh app. Subject to the approval of any third-party distribution channels that DOSH may have relationships with such as Venmo, the Offer may also appear on such third-party sites and applications. DOSH and any applicable third-party distributors reserve the right to control when and how the Offer is presented to users and where it is displayed on the respective app or website.
Campaign Fee: Advertiser shall pay Media Company a Campaign Fee of 12% per Transaction made until the Insertion Order is terminated. The Campaign Fee % is outlined in the attached Insertion Order. Advertiser may increase the Campaign Fee upon written notice to Media Company. At the conclusion of each month of the Campaign Term, Media Company shall provide to Advertiser a list of Transactions made by DOSH users and the total Campaign Fees due. Advertiser shall pay all invoices within thirty (30) days of receipt. With respect to any amount that is not paid in full within 30 days of receipt, a finance charge of 1.5% or the maximum rate permitted by law (whichever is higher) shall be applied to the outstanding amount owed.
Campaign Term: The term of the campaign shall begin on the Campaign Start Date and shall continue until such time as a party provides written notice to the other party of its intent to terminate.
Media Company Reporting: Media Company will provide Advertiser with campaign performance statistics via a dedicated online portal.
Additional IO Terms: The IAB Standard Terms are amended as follows:
a. If Advertiser does not utilize an Agency, any reference to Agency in the IAB Standard Terms shall apply to the Advertiser.
b. The parties agree that for purposes of Section XIV(d) of the IAB Standard Terms, all IOs shall be governed by the laws of the State of Texas and Media Company and Agency (on behalf of itself and Advertiser) agree that any claims, legal proceedings, or litigation arising in connection with the IO (including the IAB Standard Terms) will be brought solely in the state and federal courts located in Travis County, Texas, and the parties consent to the jurisdiction of such courts.