- 1.1.1. Adapter means the specific code developed by Ogury and made available to Publisher, to enable Ogury to bid on Publisher’s inventory through a Mediation Platform or Header Bidding Technology.
- 1.1.2. Application means the Publisher’s mobile application(s) notified in advance
to, and approved by, Ogury in relation to which Ogury provides the Services;
- 1.1.3. Confidential Information means any (i) business and technical information
related to the discloser’s operations, including but not limited to: products, procurement,
project plans, requirements, business terms, people, processes, information systems,
facilities, logistics, finances, sales, and marketing; and (ii) information that, given the
circumstances surrounding its disclosure or the nature of the information a reasonable
person would conclude to be confidential. It shall not include information that: (a) at the
time of disclosure is published or otherwise in the public domain; (b) after disclosure
becomes part of the public domain other than through a breach of confidence or
confidentiality; (c) was known to the recipient prior to receipt from the discloser,
provided such prior knowledge can be substantiated by documentary evidence antedating the
disclosure by the discloser; (d) is disclosed to the recipient by a third party (other than
employees or agents of either party) that, in making such information available to the
recipient, is not in violation of any obligation of confidentiality to the discloser; or (e)
is independently developed by the recipient, provided such independent development can be
substantiated by documentary evidence predating the disclosure by the discloser;
- 1.1.4. Digital Property means an Application or Website;
- 1.1.5. End-User means individual users of devices via which they access Digital
Properties in relation to which the Services are provided;
- 1.1.6. Header Bidding Technology means a technology offered by a third-party header bidding technology provider that enables Publisher to open its inventory simultaneously to several demand partners (such as Ogury), who will be able to real-time bid to match advertisements with Publisher’s inventory;
- 1.1.7. Impression means a single instance of displaying an Ogury advertiser
advertisement to a bona fide End-User on such End-User's wireless device. "Impression"
excludes any advertisements displayed in Digital Properties in breach of clause 3 of the
Monetization Service Addendum (“Invalid Impression”). Ogury shall determine the
validity of the Impressions or other forms of engagement with advertisements in its
reasonable discretion using industry accepted third-party and internal reporting tools.
Invalid Impressions will not be counted towards the Publisher’s Net Earnings;
- 1.1.8. Mediation Platform (or Ad Server): a platform that enables the Publisher to send incoming ad requests to several demand partners (such as Ogury) and help ensure the Publisher to find available ad sources to fill the requests for their inventory;
- 1.1.9. Ogury Technology means the Site, SDK, Tags, reporting API, Adapter and any other technology made
available to Publisher to access the Services;
- 1.1.10. Publisher Trade Marks means the Publisher’s trade marks, whether registered
or not, including Publisher's company name, trade names and/or logos used to market the
- 1.1.11. SDK means the documentation, software (source or object code), applications,
sample code, tools, libraries, APIs, data, files, plug-ins, and other materials, including
updates or upgrades, made available by Ogury to Publisher;
- 1.1.12. Services means the services provided by Ogury to Publisher in relation to
the Digital Properties as more particularly outlined in a product addendum;
- 1.1.13. Site means via our website made available by Ogury to sign up for and use
the Services (including related tools), currently
Websites to access the Services;
- 1.1.15. Updates means all modifications to the SDK, and, if applicable, Header Bidding Technology providers’ and Mediation Platform’s SDK, including any upgrades, patches, enhancements, custom builds, or fixes and/or updates to Adapters and/or Tags; and
- 1.1.16. Website means Publisher’s mobile website(s) notified in advance to, and
approved by, Ogury in relation to which Ogury provides the Services.
- 1.2.1. Clause, Schedule and paragraph headings shall not affect the interpretation of this
- 1.2.2. Words in the singular shall include the plural and vice versa.
- 1.2.3. A reference to a statute or statutory provision is a reference to it as amended,
extended or re-enacted from time to time.
- 1.2.4. Any obligation on a party not to do something includes an obligation not to allow
that thing to be done.
- 1.2.5. Any words following the terms including, include, in particular, for example or any
similar expression shall be construed as illustrative and shall not limit the sense of the
words, description, definition, phrase or term preceding those terms.