Automattic IO Supplementary Terms and Conditions
The following terms and conditions (the “Supplementary Terms“) are supplementary to the terms and conditions in the IO between Automattic or one of its affiliates and you (“Partner“), and apply to the extent your campaign falls under one of the following categories.
Marijuana/Cannabis Ads terms and conditions:
Partner certifies that it and its Ads and Advertising Materials, currently comply, and represents that it will continue to comply with all applicable federal, state, provincial, and local laws, regulations, and guidelines governing or pertaining to marijuana, except to the extent there is conflict between applicable U.S. federal law and state and local laws, regulations, and guidelines governing or pertaining to marijuana. In the event U.S. federal law is applicable and there is such a conflict, Partner certifies that it currently complies, and will continue to comply with the applicable state and local laws, regulations, and guidelines governing or pertaining to marijuana.
Where Partner requires a Marijuana Due Diligence Certification (“Certification“), Partner represents that throughout the life of the IO, Partner will (i) certify in writing every six (6) months for the duration of the IO that there are no changes to the Certification and (ii) will immediately provide written notice to Automattic of any material changes to Partner’s responses and supporting documentation to the Certification, and will be required to update the Certification.
Cannabis campaigns must be targeted to age 21+ unless otherwise agreed by the parties, and Partner acknowledges that Automattic targets based on age as self-selected by its users.
Crypto ads terms and conditions:
Partner certifies that it, and its Ads and Advertising Materials currently comply, and represents that it will continue to comply with all applicable federal, state, provincial, and local laws, regulations, and guidelines governing or pertaining to cryptocurrency or your ads therefor.
Partner certifies that it is not advertising initial coin offerings, DeFi trading protocols, or otherwise promoting the purchase, sale, or trade of cryptocurrencies or related products.
Partner represents and warrants that it is registered with either (i) FinCEN as a Money Services Business and with at least one state as a money transmitter; or (ii) a federal or state-chartered bank entity.
Political ads terms and conditions:
Partner certifies that it, and its Ads and Advertising Materials currently comply, and represents that it will continue to comply with all applicable federal, state, provincial, and local laws, regulations, and guidelines governing or pertaining to political or issue/advocacy advertising, including but not limited to those promulgated by the FEC.
For regions where election ad verification is required, all election ads must show a disclosure that identifies who paid for the ad, and ads may only be targeted against geo, age, and gender, or contextually targeted.
Custom Content Development:
The following terms apply where Automattic develops any custom content (“Custom Content“) for Partner:
- Where any materials created or provided by Partner (“Partner Materials“) will be used, Partner will obtain and maintain all necessary rights, licenses and permissions for the use of any Partner Materials.
- Automattic grants to Partner a limited, revocable, non-exclusive, non-assignable, non-sublicensable, non-transferable, royalty-free license in perpetuity to display the Custom Content on Partner’s Tumblr blog at a location to be agreed to by the parties (“Tumblr Placement”). Such display will include full attribution to the applicable Artist’s Tumblr blog, and will be posted prior to sharing or using on any other social media or other platform.
- As between Partner and Automattic, except for the Partner Materials, Automattic owns the Custom Content and all intellectual-property rights in the Custom Content, and all right, title and interest in the Custom Content, and related goodwill, automatically vest in Automattic. Partner acknowledges the unique value, goodwill and secondary meaning associated with the Custom Content. As between Partner and Automattic, Partner owns the Partner Materials. Automattic reserves the right to remove any Partner Materials from the Custom Content.
- Automattic will not be liable for any damages, liabilities, costs and expenses (including reasonable attorneys’ fees) from claims to the extent such claims arise out of or from (a) the Partner Materials; (b) any Off-Tumblr syndication; (c) customization of the Custom Content by Automattic or the artist based on specifications or instructions provided by Partner or its clients, as applicable; or (d) Partner’s breach of this section or the IO.
Partner agrees that Automattic may terminate this IO immediately and without penalty or advance written notice to Partner in the event of: (i) a material change in the application or enforcement of any law applicable to the IO, Ads, or Advertising Materials; (ii) a change in U.S. federal or state policy with respect to the IO, Ads, or Advertising Materials; (iii) a reasonable determination by Automattic that Partner has violated the Supplementary Terms; or (iv) if Partner’s Certification responses, supporting documentation, complaints, investigations, legal actions or business activities are considered by Automattic reasonably likely potentially to violate applicable laws, regulations, policies or guidelines.