Monetize With Chocolate & Open Bidding
Welcome !
We're excited to be your monetization partner. Please fill the onboarding form to get started.
No SDK required. Publisher AdMob account is mandatory. AdMob Mediation Open Bidding.
For any questions,
please write to us at
support@chocolateplatform.com
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Terms of Service
This EBDA Publisher Agreement (the “Agreement”) is between Silverpush Global Pte Ltd. (“Chocolate”) and the undersigned entity (“Publisher”), dated as of the date of execution of the party to sign last (the “Effective Date”). The parties agree as follows:
- Google Header Exchange Bidding Integration
-
Integration:
- Publisher has made its advertising inventory available to exchanges through header exchange bidding integrations. Publisher shall integrate with Chocolate for purposes of allowing Chocolate to, directly or indirectly through its advertising partners, bid on Publisher’s advertising inventory through Google’s product, Exchange Bidding for Dynamic Allocation (“EBDA”)
-
Payment of Publisher Revenue:
-
Publisher agrees that
- Google will directly pay Publisher the exchange revenue generated from Chocolate’s purchases of advertisements on Publisher’s inventory through EBDA, and
- Google may retain a portion of such exchange revenue as Google’s fee. Publisher shall not seek payment from Chocolate for (i) any exchange revenue generated through Chocolate’s purchases made through EBDA or (ii) any of Google’s fees.
-
Publisher agrees that
-
Term:
- This Agreement is effective as of the Effective Date and continues until either party terminates this Agreement with 15 days’ prior written notice.
-
Confidentiality:
- Neither party may disclose the other party’s confidential information to any third party except to its employees and representatives on a need-to-know basis for purposes of this
-
Agreement:
- Each party shall not use such confidential information except as necessary under this Agreement.
-
Miscellaneous:
-
Entire Agreement:
- This Agreement constitutes the final and exclusive agreement between the parties on the matters contained in this Agreement and supersedes all earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement.
-
Governing Law; Venue:
- The laws of California (without giving effect to its conflicts of law principles) govern all matters arising under this Agreement. Each party submits to the exclusive jurisdiction of the state and federal courts located in and having jurisdiction over San Francisco, California for all proceedings arising out of this Agreement and shall commence any proceeding arising out of this Agreement exclusively in such courts.
-
CCPA:
- Chocolate represents and warrants to Publisher that (i) it is acting solely as a “service provider” as defined under the CCPA in connection with this Agreement with respect to the California User Data, and (ii) it receives such California User Data from Publisher pursuant to a business purpose. Publisher represents and warrants to Chocolate that (i) it is acting as a “business” as defined under the CCPA in connection with this Agreement with respect to the California User Data, (ii) it is sharing and making available to Chocolate such California User Data pursuant to a business purpose, (iii) it has provided all necessary disclosures to California consumers and has obtained all necessary consents from such consumers (if required), in each case as required under the CCPA to share the California User Data with Chocolate and for Chocolate and its service providers to use such California User Data as contemplated by this Agreement and the Agreement, and (iv) it will not share sensitive information with Chocolate in connection with the services. “California User Data” means the personal information of consumers provided or made available by Publisher to Chocolate. “CCPA” means the California Consumer Privacy Act of 2018 and any regulations promulgated thereunder, in each case, as amended from time to time. The terms “consumer” and “personal information” have the meaning set forth in the CCPA. Chocolate shall not retain, use or disclose the California User Data for any purpose other than for the specific purpose of performing the services specified in the Agreement, or as otherwise permitted by the CCPA, including retaining, using or disclosing the personal information for a commercial purpose other than providing the services specified in the Agreement. In the event that a consumer (whose California User Data has been shared with Chocolate) requests that Publisher stop selling his/her information, Publisher shall inform Chocolate of such request via email at ccpa@chocolateplatform.com and Chocolate shall cease sharing that consumer’s information with its media buyers for advertisements that are displayed to that individual when he/she visits properties of Chocolate’s other publisher clients. • Limitation on Damages. To the maximum extent permitted by law, (A) neither party is liable to the other party for any special, punitive, exemplary, incidental, or consequential damages (including lost profits), arising out of this Agreement, whether in contract, tort or other legal theory, whether or not the party was or should have been aware of the possibility of such damages, and (B) each party’s maximum aggregate liability to the other party under this Agreement is the maximum amount shown on Publisher’s Google console for Publisher’s inventory purchased by Chocolate via EBDA in connection with this Agreement during the 12 months following the Effective Date.
-
CPRA:
- Chocolate hereby represents and warrants that it is fully compliant with the CPRA and shall remain in compliance with all CPRA provisions throughout the term of this agreement. To ensure compliance with CPRA, Chocolate shall provide the necessary support and assistance to the Publisher. This includes the implementation of appropriate technical and organizational measures to safeguard the security and confidentiality of personal information. Additionally, Chocolate shall facilitate the provision of notice to California residents and the exercise of their rights under CPRA.The Publisher represents and warrants that it has obtained all necessary consents and permissions from data subjects, as required by CPRA, in order to lawfully process any personal data provided to Chocolate for the purpose of serving targeted advertising. Chocolate shall only use such personal data in accordance with the Publisher's instructions and for the sole purpose of serving targeted advertising. Chocolate and the Publisher shall both bear responsibility for ensuring compliance with CPRA in accordance with the provisions of this agreement. Any breach of the CPRA provisions or any other applicable laws or regulations shall constitute a material breach of this agreement, and the non-breaching party shall have the right to terminate this agreement immediately without any liability to the breaching party.
-
GDPR:
- The Publisher and Chocolate shall comply with all applicable laws and regulations, including but not limited to the General Data Protection Regulation (GDPR). The Publisher represents and warrants that it has obtained all necessary consents and permissions from data subjects in order to lawfully process any personal data provided to Chocolate for the purposes of serving targeted advertising. Chocolate shall only use such personal data in accordance with the Publisher's instructions and for the purpose of serving targeted advertising. Chocolate shall implement appropriate technical and organizational measures to ensure the security of personal data and prevent unauthorized or unlawful processing, disclosure, or access. In the event of a personal data breach, Chocolate shall notify the Publisher without undue delay and shall provide the Publisher with all necessary information and cooperation to enable the Publisher to comply with its obligations under the GDPR. The Publisher and Chocolate shall cooperate with each other and provide all necessary assistance to each other in order to comply with their respective obligations under the GDPR. This clause shall survive the termination or expiration of this Agreement.
-
Entire Agreement:
IN WITNESS WHEREOF, each of the parties has executed and delivered this Agreement as of the Effective Date.
Silverpush Global Pte Ltd By: Name: Jia Chandani Title: Financial Controller Date: 25/04/2023 Publisher: By: Name: Title: Date: Address:
This EBDA Publisher Agreement (the “Agreement”) is between Silverpush Global Pte Ltd. (“Chocolate”) and the undersigned entity (“Publisher”), dated as of the date of execution of the party to sign last (the “Effective Date”). The parties agree as follows:
- Google Header Exchange Bidding Integration
-
Integration:
- Publisher has made its advertising inventory available to exchanges through header exchange bidding integrations. Publisher shall integrate with Chocolate for purposes of allowing Chocolate to, directly or indirectly through its advertising partners, bid on Publisher’s advertising inventory through Google’s product, Exchange Bidding for Dynamic Allocation (“EBDA”)
-
Payment of Publisher Revenue:
-
Publisher agrees that
- Google will directly pay Publisher the exchange revenue generated from Chocolate’s purchases of advertisements on Publisher’s inventory through EBDA, and
- Google may retain a portion of such exchange revenue as Google’s fee. Publisher shall not seek payment from Chocolate for (i) any exchange revenue generated through Chocolate’s purchases made through EBDA or (ii) any of Google’s fees.
-
Publisher agrees that
-
Term:
- This Agreement is effective as of the Effective Date and continues until either party terminates this Agreement with 15 days’ prior written notice.
-
Confidentiality:
- Neither party may disclose the other party’s confidential information to any third party except to its employees and representatives on a need-to-know basis for purposes of this
-
Agreement:
- Each party shall not use such confidential information except as necessary under this Agreement.
-
Miscellaneous:
-
Entire Agreement:
- This Agreement constitutes the final and exclusive agreement between the parties on the matters contained in this Agreement and supersedes all earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement.
-
Governing Law; Venue:
- The laws of California (without giving effect to its conflicts of law principles) govern all matters arising under this Agreement. Each party submits to the exclusive jurisdiction of the state and federal courts located in and having jurisdiction over San Francisco, California for all proceedings arising out of this Agreement and shall commence any proceeding arising out of this Agreement exclusively in such courts.
-
CCPA:
- Chocolate represents and warrants to Publisher that (i) it is acting solely as a “service provider” as defined under the CCPA in connection with this Agreement with respect to the California User Data, and (ii) it receives such California User Data from Publisher pursuant to a business purpose. Publisher represents and warrants to Chocolate that (i) it is acting as a “business” as defined under the CCPA in connection with this Agreement with respect to the California User Data, (ii) it is sharing and making available to Chocolate such California User Data pursuant to a business purpose, (iii) it has provided all necessary disclosures to California consumers and has obtained all necessary consents from such consumers (if required), in each case as required under the CCPA to share the California User Data with Chocolate and for Chocolate and its service providers to use such California User Data as contemplated by this Agreement and the Agreement, and (iv) it will not share sensitive information with Chocolate in connection with the services. “California User Data” means the personal information of consumers provided or made available by Publisher to Chocolate. “CCPA” means the California Consumer Privacy Act of 2018 and any regulations promulgated thereunder, in each case, as amended from time to time. The terms “consumer” and “personal information” have the meaning set forth in the CCPA. Chocolate shall not retain, use or disclose the California User Data for any purpose other than for the specific purpose of performing the services specified in the Agreement, or as otherwise permitted by the CCPA, including retaining, using or disclosing the personal information for a commercial purpose other than providing the services specified in the Agreement. In the event that a consumer (whose California User Data has been shared with Chocolate) requests that Publisher stop selling his/her information, Publisher shall inform Chocolate of such request via email at ccpa@chocolateplatform.com and Chocolate shall cease sharing that consumer’s information with its media buyers for advertisements that are displayed to that individual when he/she visits properties of Chocolate’s other publisher clients. • Limitation on Damages. To the maximum extent permitted by law, (A) neither party is liable to the other party for any special, punitive, exemplary, incidental, or consequential damages (including lost profits), arising out of this Agreement, whether in contract, tort or other legal theory, whether or not the party was or should have been aware of the possibility of such damages, and (B) each party’s maximum aggregate liability to the other party under this Agreement is the maximum amount shown on Publisher’s Google console for Publisher’s inventory purchased by Chocolate via EBDA in connection with this Agreement during the 12 months following the Effective Date.
-
CPRA:
- Chocolate hereby represents and warrants that it is fully compliant with the CPRA and shall remain in compliance with all CPRA provisions throughout the term of this agreement. To ensure compliance with CPRA, Chocolate shall provide the necessary support and assistance to the Publisher. This includes the implementation of appropriate technical and organizational measures to safeguard the security and confidentiality of personal information. Additionally, Chocolate shall facilitate the provision of notice to California residents and the exercise of their rights under CPRA.The Publisher represents and warrants that it has obtained all necessary consents and permissions from data subjects, as required by CPRA, in order to lawfully process any personal data provided to Chocolate for the purpose of serving targeted advertising. Chocolate shall only use such personal data in accordance with the Publisher's instructions and for the sole purpose of serving targeted advertising. Chocolate and the Publisher shall both bear responsibility for ensuring compliance with CPRA in accordance with the provisions of this agreement. Any breach of the CPRA provisions or any other applicable laws or regulations shall constitute a material breach of this agreement, and the non-breaching party shall have the right to terminate this agreement immediately without any liability to the breaching party.
-
GDPR:
- The Publisher and Chocolate shall comply with all applicable laws and regulations, including but not limited to the General Data Protection Regulation (GDPR). The Publisher represents and warrants that it has obtained all necessary consents and permissions from data subjects in order to lawfully process any personal data provided to Chocolate for the purposes of serving targeted advertising. Chocolate shall only use such personal data in accordance with the Publisher's instructions and for the purpose of serving targeted advertising. Chocolate shall implement appropriate technical and organizational measures to ensure the security of personal data and prevent unauthorized or unlawful processing, disclosure, or access. In the event of a personal data breach, Chocolate shall notify the Publisher without undue delay and shall provide the Publisher with all necessary information and cooperation to enable the Publisher to comply with its obligations under the GDPR. The Publisher and Chocolate shall cooperate with each other and provide all necessary assistance to each other in order to comply with their respective obligations under the GDPR. This clause shall survive the termination or expiration of this Agreement.
-
Entire Agreement:
IN WITNESS WHEREOF, each of the parties has executed and delivered this Agreement as of the Effective Date.
Silverpush Global Pte Ltd By: Name: Jia Chandani Title: Financial Controller Date: 25/04/2023 Publisher: By: Name: Title: Date: Address:
