Advertiser terms

These standard terms apply to performance marketing services (“Services”) that FixSpotter Ltd (“FixSpotter”) provides to an advertiser (“Advertiser”) under an insertion order, proposal or statement of work (“Order”). If an Order and these terms conflict, the Order prevails.

1. Services and Orders

Each Order sets out the markets, targets (such as CPI, CPA, CPL or ROAS), budget, flight dates, creative requirements and the attribution platform to be used. FixSpotter plans, buys and optimises media, produces or adapts creatives where agreed, and reports as set out in the Order.

2. Advertiser obligations

The Advertiser will provide accurate product information, working tracking links and access to its attribution platform, approve creatives promptly, and ensure that its product, landing pages and any data it supplies comply with applicable law and platform policies. The Advertiser is responsible for its own privacy disclosures to end users.

3. Attribution and reporting

Results are measured in the Advertiser’s attribution platform (for example AppsFlyer, Adjust, Singular or Branch) using the settings agreed in the Order. Postbacks and attribution windows are agreed before launch. FixSpotter reports weekly, or as agreed, against the Order targets.

4. Traffic quality and fraud

FixSpotter applies its Anti-fraud policy to all sources. Traffic that FixSpotter or the attribution platform identifies as invalid under the agreed rules is not billed. Disputes about validity are raised within 10 business days of the report and resolved using attribution-platform data.

5. Fees and payment

Fees are stated in the Order (per action, per install, per lead, or as a media budget plus fee). Invoices are issued monthly unless the Order says otherwise and are payable within the term stated on the invoice. Where prepayment is agreed, campaigns run against the prepaid balance. Late payment may lead to pausing of campaigns and statutory interest.

6. Creatives and intellectual property

The Advertiser licenses FixSpotter to use its trademarks and materials for the campaign. Creatives produced by FixSpotter for the Advertiser are licensed to the Advertiser for the campaign and, on payment, for its own continued use, excluding third-party stock elements licensed to FixSpotter.

7. Confidentiality

Each party keeps the other’s non-public information confidential and uses it only for the Services. FixSpotter may describe the engagement in anonymised form (vertical, region, results) unless the Order says otherwise.

8. Term and termination

Either party may end an Order on 14 days’ written notice, or immediately for material breach not cured within 10 days. Fees for actions delivered before termination remain payable.

9. Liability

Each party’s liability under an Order is limited to the fees paid or payable under that Order in the 12 months before the claim, except for liability that cannot be limited by law, breach of confidentiality or payment obligations. Neither party is liable for indirect or consequential loss.

10. General

These terms and each Order are governed by the law of England and Wales. Notices are sent by e-mail to the addresses in the Order. Neither party may assign an Order without consent, except to a successor of its business.