You will receive a password and account designation upon completing the Athena registration process. Each registration is for a single user only, unless otherwise expressly authorized by us. You may not share or disclose your login credentials and may not take screenshots or otherwise copy or duplicate any content or suggested media plan(s) from Athena or otherwise share such information with any third party. You are responsible for all activities that occur through your account, and you agree to immediately notify a4 Media if you suspect or become aware of any loss or theft of your password or of any unauthorized use of your password or account or any other breach of security.
RESTRICTIONS ON USE
POLITICAL CAMPAIGNS; USE OF VOTER DATA; NO FOREIGN PRINCIPALS
You may book political advertising campaigns through Athena so long as such advertising complies with applicable Laws and all applicable requirements (including disclosure requirements) imposed by our ad-serving partners. Certain states have enacted laws that require certain information about state and local political advertising campaigns to be collected, retained and/or made available to the public and/or regulatory agencies. To the extent such laws apply to your campaign, you agree to timely provide any required information. Failure to timely provide such information may delay or prevent your campaign from being launched. Athena contains political data gathered from state voter registration records, which is subject to legal restrictions on use. You agree to use any political data only for legally permitted political advertising purposes and not for any commercial advertising purposes (e.g., marketing commercial goods or services).
Unless specifically authorized by a4 Media, in no event may Athena be used to plan or book any political campaign on behalf of any “foreign principal” or “agent of a foreign principal” as defined in the Foreign Agents Registration Act of 1938, as amended (“FARA”). The term “foreign principal,” as defined in Section 1(b) of FARA, includes a foreign government, foreign political party, foreign organization, foreign individual, and the term “agent of a foreign principal,” as defined in Section 1(c) of FARA , includes any organization or individual any of whose activities are directly or indirectly supervised, directed, controlled, financed or subsidized in whole or in major part by a foreign principal. You agree not to use Athena in any way to plan, book or otherwise support a political campaign for the benefit of a foreign principal or agent of a foreign principal without a4 Media’s express written consent.
ORDER TERMS AND CONDITIONS
CUSTOM LIST UPLOADER
Athena’s Custom List Uploader feature enables you to upload a list for custom matching and create a custom audience (“Custom Data”). You hereby grant to a4 Media a non-exclusive, non-transferable license to access and use the Custom Data solely to provide requested services to you or your applicable Client. By uploading a custom list to Athena, you expressly represent and warrant that (i) the Custom Data will be provided in the form and format specified by a4 Media and will only include names (if available) and postal addresses for persons age 18 and older in U.S. households and will not contain any other information, including any other personally identifying information (“PII”) or any demographic information, (ii) the Custom Data is not regulated data (e.g., data subject to HIPAA or Gramm-Leach-Bliley regulations), (iii) all Custom Data has been collected, maintained and provided in compliance with all applicable privacy policies and Laws, (iv) you have all consents or other rights needed to provide the Custom Data to us via Athena for use in performing services for you, including performing the custom list match and running targeted advertising based on the match results, and (v) our use of the Custom Data as contemplated herein will not violate any Laws or any third party rights. We may impose minimum requirements for unique records in uploaded files and match files to comply with our data privacy requirements and those imposed by our ad serving partners.
All capitalized words used in this paragraph shall have the same meaning as in the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100-1798.199 (as it may be amended from time to time) (the “CCPA”). To the extent that we provide Processing related services to you or your Client with respect to any Custom Data, you and we agree that we are designated a Service Provider under the CCPA. With respect to any Consumer Personal Information you provide to us for a Business Purpose, we agree to: (i) not Sell, retain, use, or disclose such Consumer Personal Information for any purpose other than the Business Purpose specified herein or otherwise permitted by the CCPA; (ii) comply with the CCPA in connection with the Processing of such Consumer Personal Information; and (iii) promptly cooperate with you in responding to and fulfilling any access, opt-out or deletion requests received from Consumers to exercise rights under the CCPA.
You agree that we own any suggestions, enhancement requests, recommendations or other feedback you provide relating to Athena (“Feedback”), without any obligation of attribution or compensation, however, we will not disclose your Feedback to any unaffiliated third party in a manner that can be attributed to you without your consent.
CONFIDENTIALITY; PROPRIETARY RIGHTS
Athena may be temporarily unavailable from time to time for maintenance or other reasons, and a4 Media does not warrant Athena availability or that Athena will be uninterrupted or error-free. a4 Media reserves the right to modify or discontinue Athena at any time.
ATHENA IS PROVIDED “AS-IS” AS A PLANNING TOOL FOR CONVENIENCE ONLY, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. A4 MEDIA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY AND NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. A4 MEDIA DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION ON ATHENA OR THAT YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM THE USE OF ATHENA.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO A4 PARTY SHALL BE LIABLE TO YOU OR THE CLIENT (IF APPLICABLE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (REGARDLESS OF FORESEEABILITY AND EVEN IF AN A4 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE ATHENA OR ANY OTHER MATTER RELATING TO ATHENA, INCLUDING ANY ORDERS PLACED USING ATHENA; EXCEPT THAT OUR LIABILITY FOR DIRECT DAMAGES UNDER ANY ACCEPTED ORDER PLACED THROUGH ATHENA SHALL BE LIMITED AS SET FORTH IN OUR ORDER TERMS.
TRADEMARKS AND PATENTS
“Athena by a4,” “a4,” “a4 Media” and a4 Media’s other graphics, logos, designs, and service names are trademarks or trade dress of a4 Media and may not be used without a4 Media’s prior written permission. Athena by a4 is protected by U.S. Patent No. 10,075,756 and other U.S. patents pending. Voter-targeted digital advertising products and services are protected by U.S. Patent Nos. 9,092,805 and 8,763,033, and other foreign patents pending.
TERMINATION OF RIGHTS
Effective: June 17, 2020