This document should only be used as a guide to our standard Terms of Service. Please always reference the Criteo Terms of Service and Privacy Policy for full details.
Why do some Media Owners have special terms?
Some Media Owners on our platform require special terms to be signed. As supported in our general Terms of Service. If these terms are required, they will override terms in the Brandcrush Terms of Service.
What happens if a Media Buyer wants to cancel a booking?
Brands are entitled to cancel an activation, however the Media Owner (Partner) will be entitled to full or partial payment of the Activation Fee.
- 50% of the Activation Fee will be payable by the Brand where the cancellation is made between 15 and 29 days prior to the activation start date.
- 100% of the Activation Fee will be payable if the cancellation is made less than 15 days prior to the Activation Start date.
Certain types of Media Owners (Partners) may also be subject to special terms and conditions that override these Terms to the extent of any inconsistency.
Relevant clause from our Terms of Service: Service and Subscription Fees.
What happens if a brand wants to change a booking?
Brands are entitled to make changes to an activation, however fees may apply if changes occur within 30 days to the activation start date.
A 10% change fee will apply for changes made between 15 and 29 days prior to the activation start date. A 20% change penalty will apply for changes made less than 15 days prior to the activation start date. Change fees will be added to the activation fee. The Media Owner (Partner) reserves the right to waive these fees if they are not disruptive to their operations.
Certain types of Media Owners (Partners) may also be subject to special terms and conditions that override these Terms to the extent of any inconsistency. For example stricter cancellation policies.
Relevant clause from our Terms of Service: Service and Subscription Fees.
What happens if a Media Owner (Partner) wants to cancel a booking?
Media Owners (Partners) are entitled to cancel an activation, however the Brand will be entitled to a full refund of the Service Fees in relation to an activation if:
- The Activation is cancelled by the Media Owner (Partner).
- If the Brand has not received the relevant Activation Report.
Relevant clause from our Terms of Service: Service and Subscription Fees.
What happens if a Media Owner (Partner) wants to change a booking?
Media Owners (Partners) are entitled to propose a change to an activation to the Brand, however Media Owners (Partners) should acknowledge the potential negative impacts that booking changes can have for brands, and work with brands to minimize this impact and propose a fair and reasonable alternative.
If the brand cannot accept a change to the activation as initially accepted by the Media Owner (Partner), the initial booking will be deemed to have been cancelled by the Media Owner (Partner) and the Brand will be entitled to a full refund of the Service Fees payable by the Brand in relation to an Activation.
Relevant clause from our Terms of Service: Service and Subscription Fees.
What happens If the product/assets will not arrive on time for an activation?
It is the responsibility of the brand to ensure that samples/assets (activation assets) are delivered and received by the Media Owner (Partner) by the date specified in the campaign workflows, delivery .csv or purchase orders (“asset delivery dates”) as per clause 5.3.
If the brand fails to deliver Activation assets by the asset delivery dates they should contact the Media Owner (Partner) via the message service and request that they accept delivery of the Activation assets at a later date. They may also request that the Activation be moved to a later date. The Media Owner (Partner) may, but has no obligation to, accept requests for extensions to the asset delivery dates and/or variations to the Activation Date.
The brand reserves the right to change the activation in accordance with clause 6.3.
The Media Owner (Partner) also reserves the right to apply change penalties in accordance with clause 6.3.
Relevant clause from our Terms of Service: Service and Subscription Fees.
If the product/assets do not arrive on time for an activation - and the brand requests an activation date change?
Activation date changes can be made according to clause 6.3. If the brand is able to negotiate with the Media Owner (Partner) to change the asset delivery date the partner may choose to waive the fees.
If Brands fail to deliver Activation assets by the Sample Delivery Date asset delivery dates, Brands should contact the Media Owner (Partner) via the message service and request that they accept delivery of the Activation assets at a later date.
If Brands are unable to change or negotiate an extension to the asset delivery dates or a variation to the Activation Date, Brands will be deemed to have cancelled the Activation and Service Fees will be charged.
Relevant clause in our Terms of Service: Terms specific to Brands.
What happens if a product is received by the Media Owner (Partner) past the due by date?
For activations that require delivery of Products as activation assets, if the Product is received by the Media Owner (Partner) past the product due by date, the Product shall be deemed late. If the product is received with a due by date that does not allow for ample distribution time of the product for the activation before the due by date, the product will be deemed as late.
If Brands are unable to change or negotiate an extension to the activation and asset delivery dates, the brand will be deemed to have cancelled the Activation and Service Fees will be charged in accordance with clause 6.3. If an activation date change is negotiated, the brand shall be liable for all incremental costs and shipping costs to replace Product or return the Product.
Relevant extract from our Terms of Service: Terms specific to Brands.
What happens If a Media Owner (Partner) doesn’t complete an activation report on time?
As per our Terms of Service we require activation reports to be completed within 10 business working days. These terms can be superseded by any special terms provided by Media Owner (Partner).
Relevant clause from our Terms of Service: Service and Subscription Fees.
What happens if a Media Owner (Partner) cancels an activation and the product has already been shipped?
Brands and Media Owner (Partner) acknowledge that, in rare circumstances, the success of an activation may be adversely affected by unforeseeable and/or unavoidable circumstances, including circumstances beyond the reasonable control of Media Owners (Partners) (for example; misplaced product; schedule changes).
If a Media Owner (Partner) cancels an activation but the product has already been shipped, Media Owners (Partners) must use best endeavours to:
- mitigate any loss and damage to the Brand arising from the Adverse Event; and
- arrange a “make good” campaign in consultation with the Brand.
Relevant clause from our Terms of Service: Terms specific to Activation Partners.
What happens if the Media Owner (Partner) has acknowledged receipt of a product and then loses them?
Brands and Media Owners (Partners) acknowledge that, in rare circumstances, the success of an activation may be adversely affected by unforeseeable and/or unavoidable circumstances, including circumstances beyond the reasonable control of Media Owners (Partners) (for example; misplaced product; schedule changes).
If the Media Owner (Partner) has acknowledged receipt of a product and then loses them, Media Owners (Partners) must use best endeavours to:
- mitigate any loss and damage to the brand arising from the Adverse Event; and
- arrange a “make good” campaign in consultation with the brand.
Relevant clause from our Terms of Service: Terms specific to Activation Partners.