Affiliate Advertiser Terms

Last updated: 01.05.2026

These Affiliate Network Advertiser Terms (“Terms”) are a legally binding contract between tvScientific, Inc. and the other party (“Company”) to an insertion order or other document (“Order”) that references these Terms or under which tvScientific provides advertising services through an affiliate network (“Network”). These Terms together with any Order constitute the parties’ “Agreement”. As between the parties, the Agreement supersedes any terms provided by the applicable Network or Company.

tvScientific may update these Terms by making the revised version available on this page, and an updated revision date will indicate that changes have been made. Company’s use of the Services (including maintaining an account with tvScientific) on or after the revision date constitutes Company’s agreement to the changes.

Services

Company grants to tvScientific all rights and permissions reasonably necessary to buy inventory on Company’s behalf, manage ad campaigns, perform tracking and analytics, and store and serve ads (“Services”). Unless the parties amend these terms to provide otherwise, Company will use the Services solely for its own ad campaigns in the United States. Company is responsible for the security of any access credentials. Company acknowledges that tvScientific does not currently offer its Services in, or support user accounts from, Switzerland, the UK or countries in the European Economic Area.

Ad impressions will be served at the sole discretion of tvScientific. Company may request exclusion of publisher inventory to the extent it can reasonably be excluded by publisher ID or publisher name. Any exclusions (e.g., publishers, certain orders, types of customers, parts of an order, etc.) must be listed in an Order. Any adjustments to an Order (including budget additions, date extension and placement modifications) must be agreed in writing (email sufficient).

Company will keep all tvScientific outcome/conversion/site tags/pixels in place for the duration of the campaign and the full attribution window following expiration or termination of an Order for any reason. For the avoidance of doubt, expiration or termination of a campaign or an Order does not affect the attribution window or Company's obligation to pay for conversions that occur during the attribution window. Upon expiration or termination of an Order, the Order shall not automatically renew: any renewal requires signing a new Order.

Maximum reversal percentage: 0% (no reversals).

Attribution: This is not a last click model. tvScientific will assign 100% of the attribution to any action where tvScientific has deterministically matched identifiers (e.g., IP address). No other attribution logic or terms and conditions shall apply. The following example of tvScientific’s deterministic attribution process is provided for illustrative purposes:

   (i)  Ad is delivered to household CTV; ID is identified and stored to exposure file.

   (ii) Exposure file is appended with additional devices tied to household ID(s).

   (iii) Ad exposed consumer completes Company’s desired outcome (e.g., purchase) on a smartphone, laptop, tablet, or other device.

   (iv) tvScientific collects data on outcome events (e.g., pixel fires).

   (v)  Attribution is identified by matching the IDs related to both the exposure file and outcome file.

tvScientific will report monthly conversions. In the event of a good-faith dispute regarding specific conversions, the parties shall confer in good faith to resolve the issue.

Data

Company owns all “Company Data”, meaning data imported by or on behalf of Company into the Services for targeting, lookalike modeling, or suppression purposes. To the extent Company Data includes personal information or Company “sells” or “shares” personal information about California residents to tvScientific, the Data Processing Addendum shall apply. tvScientific may use and disclose Company Data to provide Company with Services and maintain, support, improve, enhance, and customize the Services, develop additional services, send Service-related recommendations and suggestions, collect and pay fees, enforce this Agreement, take action in any dispute or legal proceeding involving Company, prevent fraud, misappropriation, infringement, identity theft and other illegal activities and misuse of the Services, and as otherwise allowed by applicable law.

tvScientific owns all tvScientific Data, meaning data residing on, made available through, or generated or derived in connection with the Services, including campaign data reported via an affiliate platform and any data collected via tags implemented by Company or the Network (or by tvScientific on Company’s behalf) and any conversion/outcomes data provided to tvScientific by or on behalf of Company. Company may use any reports provided by the Services (“Reports”) solely for planning and administering ad campaigns and post-campaign analysis.

Fees and Payment.

Company will be billed for every conversion that is attributed via tvScientific’s tracking, according to tvScientific’s records. When applicable, tvScientific will invoice based on the full order value passed in the pixel for each conversion.  Company is responsible for the fees owed to tvScientific under each Order, whether paid to tvScientific directly or via the Network. If third parties assess creative approval fees, tvScientific may pass such fees on to Company.

Company will pay any invoices in U.S. dollars, within 20 days of the invoice date. If Company does not pay an overdue invoice in full within 5 days of receiving a notice of nonpayment, tvScientific may suspend Services and/or terminate any Orders. tvScientific may charge interest of 2% per month (or the maximum allowed by law, whichever is lower) on any invoice that is not paid in full within 45 days. All payments shall be made without setoff or deduction. Invoices shall be deemed undisputed unless Company notifies tvScientific otherwise within 10 days of receipt. tvScientific may require prepayment of expected amounts due, which will be credited against the corresponding invoice(s).

“Taxes” means taxes, levies, fees or duties of any nature based on or arising from the Services and/or this Agreement, not including taxes on tvScientific’s net income. tvScientific’s fees do not include Taxes. tvScientific may charge applicable Taxes in addition to its fees, unless Company provides timely, fully completed resale exemption documentation for the applicable jurisdictions. Except for Tax that tvScientific has charged to Company and that Company has actually paid to tvScientific, Company is responsible for remitting all Taxes. If Company is legally required to withhold Taxes from payments to tvScientific, Company will pay the additional amounts necessary to make each net payment to tvScientific (i.e., after Tax withholding) no less than the original amount of fees due. If tvScientific is held responsible for any Taxes, Company will reimburse tvScientific.

Privacy.

Company will ensure that users are provided notice and choice on Company’s websites and other digital properties (collectively, “Sites”) where data is collected and used in association with the Services that (a) include a description of the collection and use of data from and about users for purposes of showing ads that are targeted to their interests by third parties such as tvScientific, and (b) contain a conspicuous hyperlink behind which users may opt out of processing of personal information by tvScientific, including for purposes of targeted advertising.  Company will provide clear and prominent notice of data collection via pixels, tags, cookies, APIs, or similar technologies and, where legally required, Company will obtain any necessary rights, consents, or permissions for the same.

Without limiting Company’s obligations under any applicable law, Company shall not cause tvScientific or the Services to process any Prohibited Data. “Prohibited Data” means: (a) any information pertaining to any individual who has (i) opted out of “targeted advertising,” “sharing,” or “sales” of their data, as such terms are defined under applicable law or (ii) where requested or required, declined to provide consent for the collection or use of their information; (b) any information regarding an individual user’s specific health condition, information that constitutes health information or consumer health data under any applicable law, or any information or inference regarding health that would be considered sensitive under the NAI Code; (c) any information associated with a persistent identifier that is: (i) from or about individuals Company knows or should know are Children (“Children” as used herein being individuals less than 16 years of age or the age defined by law in any applicable jurisdiction, whichever is greater); (ii) any information from inventory that Company knows or should know is directed to Children; or (iii) any user or audience segments directed at or identifying Children; (d) any Identifying Information (defined below); (e) any precise location information or GPS information; or (f) any other information that would be considered protected, sensitive, special, or similar under applicable local law or local self-regulatory program, such as data deemed “sensitive” under consumer privacy laws of various U.S. states and PHI as defined under the Health Insurance Portability and Accountability Act of 1996. “Identifying Information” means data that directly identifies or reasonably can be used to directly identify an individual. For the avoidance of doubt, Identifying Information does not include: (a) cookie identifiers; (b) advertising identifiers assigned by mobile devices; (c) IP addresses; (d) other forms of device identifiers generally accepted for use in relation to advertising; and (e) demographic, interest, or browsing behavior data associated with such identifiers. If Company learns that it provided tvScientific or caused tvScientific to process any Prohibited Data, Company shall immediately notify tvScientific and take all necessary steps to assist tvScientific in responding to the breach by removing the data and doing anything else necessary to come into compliance, at Company’s sole cost.  Company shall not use the Services for any non-advertising purposes, including without limitation decisions relating to eligibility for, or pricing of, employment, credit, health care, insurance, housing, or education.

Compliance.

Each party will comply with all applicable laws and regulations.

Company represents and warrants that the ads and Sites: (a) comply with all laws and regulations; (b) do not breach any third party rights (including intellectual property and privacy rights); (c) do not include unlawful content or malicious code (e.g., software viruses, adware, or spyware); (d) do not spawn additional windows or messages beyond the original ad, auto-forward users’ browsers, or resemble system dialogue boxes or error messages; (e) do not intentionally obscure or falsify the source of the impressions or artificially inflate the volume of such impressions in any way; and (f) do not include any content encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense or other illegal activity, or any content that may be considered deceptive, misleading, threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene, pornographic, sexually explicit, sexually suggestive, discriminatory, drug related or racially, ethnically or otherwise objectionable.

Ownership. As between tvScientific and Company, Company owns all Company Data (defined above) and all Company ad creatives (“Company Materials”); and tvScientific and its licensors and third party providers own all right, title and interest in the Services, including but not limited to all software, technology and processes, and all derivative works and improvements. Aside from the rights granted herein, neither party grants the other any other right, express or implied, and each party reserves all rights not expressly granted hereunder. tvScientific may use Company Materials that Company provides or has provided to tvScientific, solely internally to develop and improve the Services, provided that tvScientific shall not use Company Materials to create ads for any third party or provide Company Materials to any third party (except tvScientific vendors using Company Materials solely on behalf of tvScientific). Any suggestions, comments, improvements, ideas, enhancement requests or feedback provided by Company to tvScientific relating to the Services or any other services or products of tvScientific (collectively, “Feedback”) are provided voluntarily. Company agrees that all Feedback may be used by tvScientific without compensation, accounting or attribution to Company, and Company grants tvScientific a perpetual, irrevocable, fully paid up right and license to the Feedback. Nothing in this Agreement shall prevent tvScientific from using general learning and know-how arising from tvScientific’s provisions of Services.

Suspension.  tvScientific may suspend provision of the Services if, in tvScientific’s sole discretion, tvScientific reasonably believes that Company is violating the Agreement.  

Mutual Indemnification and Limitation of Liability.

tvScientific shall indemnify, defend and hold harmless Company and its directors, officers, employees and agents (and their respective successors, heirs and assigns) (“Company Parties”) against any claim, liability, damage, loss or expense (including reasonable attorneys’ fees and costs) (“Liabilities”) incurred by the Company Parties in connection with any third party claim that tvScientific’s proprietary technology that provides the Services, in the form provided by tvScientific, infringes any US patent or other third party intellectual property right. Company shall indemnify, defend and hold harmless tvScientific and its licensors, third party providers, directors, officers, employees and agents, its and their respective successors, heirs and assigns (“tvScientific Parties”) against any Liabilities incurred by the tvScientific Parties in connection with any third party claim arising out of or relating to (a) Company’s breach of this Agreement, or (b) any advertisement or other material with which Company uses on or in connection with the Services (including the ads and the Sites).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR (I) BREACHES OF COMPANY’S PRIVACY OBLIGATIONS; AND (II) EACH PARTY’S INDEMNITY OBLIGATIONS, BREACHES OF CONFIDENTIALITY OBLIGATIONS, AMOUNTS OWED UNDER THIS AGREEMENT AND ANY MINIMUM FEES: (A) IN NO CASE SHALL EITHER PARTY’S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED IN THE AGGREGATE, THE SUM OF THE AMOUNTS PAID TO TVSCIENTIFIC FOR THE THREE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF OPPORTUNITIES, ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Confidentiality.

“Confidential Information” means any information relating to or disclosed under an Order that is or should reasonably be understood to be confidential, including but not limited to Company Data, tvScientific Data, the performance of the Services, and Reports. Confidential Information does not include information that: (a) is or becomes known to the public through no fault of the receiving party; (b) was already in possession of the receiving party; or (c) was independently developed by the receiving party without violation of this Agreement. The receiving party will strictly protect the Confidential Information, disclose Confidential Information only to its staff, agents and consultants who need to know it for purposes of this Agreement, and use Confidential Information only for the purpose of fulfilling its obligations under this Agreement.