Advertiser Terms

Discomiles operates properties and partner integrations on which advertising may be shown to people who have consented to receive it (“Placements”). We select which advertising to show by reference to signals of commercial intent — indications that a person is researching or considering a purchase — together with relevance, eligibility and quality criteria we determine.

The surfaces, formats, targeting options, pricing models and features that make up the Advertising Services are expected to change over time. We may add, modify, limit or withdraw any of them. Nothing in these Terms entitles you to any particular surface, format, feature, volume of Placements, or position.

We do not sell your advertising to a fixed audience list. We match advertising to context and intent, so the people who see a given campaign will vary.

Advertiser Offer means a product, service, promotion, rate or other offer of yours that we make available through the Advertising Services. Advertiser Content means the creative, copy, images, marks and other materials you supply or approve for use with an Advertiser Offer.

Publisher means a third party whose property carries advertising we distribute. Publisher Property means a website, application, browser extension, newsletter or other property operated by a Publisher. Publisher Network means the Publishers we have approved to carry advertising we distribute.

Distribution Channel means a category of property or medium through which advertising is distributed — for example a website, a mobile application, a browser extension, or an email newsletter.

Affiliate Network means a third-party affiliate, partnership, referral or performance-marketing platform through which an Advertiser Offer may be tracked, validated or paid for. Reward means a benefit we give a person under the consumer Terms of Service in connection with advertising, or with a purchase that follows it.

You may make Advertiser Offers available through us in either of two ways. Direct Campaigns are campaigns purchased, funded, managed or tracked through your advertiser account. Affiliate-Tracked Campaigns are campaigns run through an affiliate, partnership, referral or performance-marketing programme, including where tracking, validation or payment is handled by an Affiliate Network.

Unless these Terms expressly say otherwise, every permission you grant us under them applies to both.

You must be able to form a binding contract and must provide accurate business, contact and billing information, and keep it current. You are responsible for all activity under your account and for the acts of anyone you give access to.

Certain account settings are set once and cannot be changed afterwards, because changing them would restate money that has already moved. These include the currency your account operates and settles in, and your account identifier. We will tell you at the point of choosing where this applies.

Keep your credentials secure and tell us promptly of any suspected unauthorised access. We are not responsible for losses arising from your failure to do so.

If you use the Advertising Services on behalf of another party — as an agency, reseller or other intermediary — you confirm you are authorised to bind that party, and you and that party are jointly and severally liable for all obligations under these Terms, including payment. We are not required to look to your client first, and non-payment by your client does not reduce or delay what you owe us. Where you act for more than one advertiser, you are responsible for keeping their campaigns and their data separate.

You may not resell, broker, syndicate or otherwise make the Advertising Services or any Placement available to a third party as inventory of your own, and you may not use the Advertising Services to place advertising for a party whose own advertising we have declined or suspended. This does not prevent an agency from running campaigns for its clients under section 2.D.

Creating an account and building a campaign is free. A campaign becomes eligible to deliver only once we have confirmed funding for it, or an authorised Discomiles operator has released it. Until then it is not entered into selection and no charges arise.

Unless we agree otherwise in writing, the Advertising Services are prepaid. Charges are drawn against funds you have committed to the campaign. We will not knowingly charge you more than the budget you authorised for that campaign. Where a budget is expressed as a daily amount, we may project it across the campaign schedule to derive the authorised total.

Placements are allocated by a ranking that takes into account your bid or committed rate together with our assessment of relevance and quality. A higher bid does not secure a Placement. Advertising that we assess as insufficiently relevant to the context may not be shown at any price, and a Placement may go unfilled. We may decline to show advertising to a person who has asked not to see it, and that preference overrides your bid.

Charges may be calculated per click, per thousand Placements, per agreed outcome, or on another basis we make available and you select. Where charging is by volume, we may bill in blocks and any partial block at the end of a campaign may go unbilled. The applicable basis is the one shown for that campaign at the time it was funded.

You may pause or stop a campaign at any time. Changes take effect on delivery from that point onward and do not reverse charges already properly incurred. We may pause or stop delivery where these Terms require it, where funding is exhausted or a schedule has ended, or where we reasonably suspect a breach or a risk to people using our properties.

You authorise us to advertise, promote, display and distribute your Advertiser Offers and approved Advertiser Content through (i) websites, applications, communications and other properties operated by us, and (ii) Publishers and Publisher Properties in the Publisher Network.

This authorisation applies however the Advertiser Offer was bought and however it is paid for — whether purchased directly through your advertiser account; charged per click, per outcome, per thousand Placements, or on a fixed-fee, sponsorship or other agreed basis; tracked by our own systems; or tracked and paid through an Affiliate Network.

For a Direct Campaign, you authorise us to distribute the Advertiser Offer through the Distribution Channels you have enabled, or that we have otherwise agreed with you.

You acknowledge that we may: (i) select the Publisher Properties your advertising appears on; (ii) select which Advertiser Offer to show by reference to the content, topic, category, market or placement of a Publisher Property; (iii) pay Publishers out of the amounts you pay us; (iv) provide Rewards to people; (v) decide how your spend is divided between Publisher compensation, Rewards and our own revenue, subject to any commercial terms we have expressly agreed with you; and (vi) measure Placements, clicks, outcomes and other agreed results using our own technology.

Unless we agree otherwise, you owe no payment directly to a Publisher, or to a person who receives a Reward.

Where an Advertiser Offer is tracked, validated or paid for through an Affiliate Network, we may operate the same Publisher Network, Distribution Channels, Reward mechanisms and contextual selection for it as we do for a Direct Campaign, subject to any binding requirement the Affiliate Network imposes directly on us.

Terms governing that third-party arrangement apply in addition to — not instead of — the permissions in this section 3.

Where you run an affiliate, partnership, performance-marketing or referral programme through an Affiliate Network or other third-party platform, you agree that:

(i) the permissions you grant us under these Terms apply despite any inconsistent restriction in your campaign terms, programme terms or other instructions you maintain on that platform; (ii) these Terms are the prior written consent, approval or authorisation required from you for us to do what these Terms permit, including distribution through approved Publishers, websites, mobile applications, browser extensions, email newsletters and other authorised digital properties; (iii) you are responsible for keeping your programme settings and restrictions on that platform consistent with those permissions; and (iv) where reasonably necessary, you will update or amend those settings, or give additional written approval through that platform, to reflect them.

This section applies to Affiliate-Tracked Campaigns only and does not limit our rights in respect of Direct Campaigns. It binds you because you have accepted these Terms; it does not bind an Affiliate Network, which is not a party to them, and nothing in it overrides a term or policy that an Affiliate Network or other third party imposes directly on us and that you have no authority to waive or amend. Section 14.D governs documents we accept so that your advertising can be delivered, tracked or paid for.

Where we make the setting available, you may specify through your advertiser account the Distribution Channels, geographic markets, Publisher categories, Publishers, budgets, pricing or bidding terms, Reward eligibility, creative requirements, brand restrictions and other campaign settings that apply to your campaigns. A setting may apply to Direct Campaigns, Affiliate-Tracked Campaigns or both, as shown at the time.

Enabling a Distribution Channel or any other campaign setting through your account is your express written approval for us to run the campaign in accordance with that setting and these Terms.

We are not required to offer any particular setting. A setting we do not offer is not a restriction you have placed on us.

We work with Publishers to place advertising in context on properties Discomiles does not own. You may deselect a Publisher at any time in your advertiser account, under Settings → Account → Publishers.

Deselection applies immediately to advertising we serve on request. Some placements are prepared in advance and cannot be withdrawn as they are served; for those we will use best efforts to stop delivery promptly. Charges properly incurred before delivery stops are not reversed.

Charges are calculated from our own measurement of Placements, clicks and other billable events. Our records are the basis for billing and, absent manifest error, are the governing record if they differ from yours or from a third-party measurement tool. Differences between platforms are normal and are not by themselves evidence of error.

We operate controls intended to identify automated, fraudulent or otherwise invalid activity, and we do not knowingly charge you for activity we have identified as invalid. Those controls are not perfect and we do not warrant that all invalid activity will be detected. If you believe you have been charged for invalid activity, tell us within thirty (30) days of the charge and we will investigate; where we agree, your remedy is a credit against future spend.

Reporting is provided for your information and may be estimated, incomplete, or restated as later data arrives. Where reporting depends on data you supply or on a third-party system, we are not responsible for its accuracy.

We may assign identifiers to Publishers, Publisher Properties, Advertiser Offers, individual Placements, clicks and outcomes, and use them to attribute activity.

For a Direct Campaign, we may act as the primary system of record for Placement, click, outcome and attribution measurement. For an Affiliate-Tracked Campaign, we keep our own attribution records in addition to those kept by the Affiliate Network.

That an Advertiser Offer is tracked through an Affiliate Network does not change the relationship between us and the Publisher that originated the activity.

For a Direct Campaign, the commercial terms, billing model and validation rules are those agreed through your advertiser account, an applicable insertion order, the campaign settings, or other written agreement.

For an Affiliate-Tracked Campaign, a transaction may remain pending until you or the Affiliate Network validate it. For as long as the underlying revenue or outcome is unvalidated, we may treat the related Publisher compensation and any Reward as pending, and we may reverse either if the transaction is ultimately rejected, cancelled or reversed.

You are solely responsible for your advertising content, the destinations it leads to, the offers and claims it makes, and your goods and services. You warrant that they comply with all applicable laws — including advertising, consumer-protection, data-protection, product-safety and sanctions laws in each market you target — and that you hold all rights and consents needed for us to display them.

You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, adapt for format and display your advertising materials and marks for the purpose of delivering and reporting on your campaigns, and to reproduce them internally for quality, safety and support purposes. This licence ends when the materials are removed from the Advertising Services, save for records we retain under section 10.

You must not submit advertising that is unlawful, deceptive or misleading; that infringes another’s rights; that contains malware or deceptive redirection; that misrepresents who you are or what is on offer; or that we reasonably consider harmful to people using our properties. You must not attempt to manipulate selection, measurement or billing, including by artificially generating billable events.

We may review, reject, remove or stop showing any advertising, at any time, with or without notice, including for reasons of legality, quality, accuracy or the experience of people using our properties. We apply categories in which advertising will not be shown; these are set by us and are not configurable by you. Review, where carried out, is not an approval of your advertising and does not transfer responsibility for it to us.

Destinations must work, must match what the advertising promises, and must not interfere with a person’s ability to leave. Where we pass an identifier to your systems for attribution, you may use it only to attribute and reconcile activity arising from the Advertising Services.

Our advertising policies — the specifications, content standards and category restrictions we publish or otherwise make available to you — form part of these Terms, and you must comply with them. We may update them at any time to reflect law, platform requirements or the experience of people using our properties; an update applies from the time we make it available, and continuing to run advertising after that means you accept it. Where the policies and these Terms conflict on what advertising is permitted, the policies apply.

You may not include third-party tags, pixels, scripts or other code in your advertising, or have your advertising call them, without our prior approval. Anything we approve may be used only to serve and measure your own campaigns; it must not be used to collect data beyond what is needed for that purpose, to build or enrich profiles of people, to alter the page around the advertising, or to slow or destabilise our properties. We may block or remove any such code at any time, and doing so does not entitle you to a refund or an adjustment.

Reporting we provide about campaign performance is aggregated. We do not provide you with personal data about the people who saw or interacted with your advertising, and we apply minimum-volume thresholds below which we withhold breakdowns so that individuals cannot be identified from them. You must not attempt to re-identify any person from information we provide, or combine it with other data for that purpose.

Each party is an independent controller of the personal data it processes in connection with the Advertising Services and is responsible for its own compliance with applicable data-protection law. Our handling of personal data is described in our Privacy Policy.

Where you supply data to us — including conversion or outcome reports — you warrant that you have the rights and, where required, consents to do so, and that supplying it does not breach any law or any obligation you owe to a third party. You must not send us special-category data, or data about children, in connection with a campaign.

“Campaign Data” means information arising from the delivery of your advertising through the Advertising Services, including performance and reporting data and any record of a person having seen or interacted with your advertising. Except as set out below, you may use Campaign Data only to plan, run, measure and reconcile your own campaigns with us.

You must not, without our prior written consent:

(i) use Campaign Data to retarget, re-market to, or otherwise single out a person who saw or interacted with your advertising on our properties, whether on our properties or anywhere else; (ii) add Campaign Data to a profile or segment about a person, or combine it with data from another source in a way that identifies a person; (iii) use Campaign Data to derive information about our properties, our users, our pricing, our inventory or our matching, or to build or improve a competing service; or (iv) sell, license or disclose Campaign Data to a third party, other than to a service provider acting for you that is bound by obligations at least as protective as these, and which you remain responsible for.

Information about our properties, our pricing and rates, our inventory and how we match advertising to context is ours, and remains ours. Nothing in these Terms transfers any right in it to you.

We may update these Terms. Where a change is material we will give reasonable notice before it takes effect. Continuing to use the Advertising Services after a change takes effect means you accept the updated Terms. Changes do not apply retrospectively to charges already incurred.

The parties are independent contractors; nothing here creates a partnership, agency or employment relationship. You may not assign these Terms without our written consent, not to be unreasonably withheld; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

These Terms are the entire agreement between us about the Advertising Services and supersede all previous discussions, representations and understandings about it, whether oral or written. If any provision is held unenforceable, the rest remains in force, and the unenforceable provision applies to the greatest extent permitted. A failure to enforce a provision is not a waiver of it.

Running advertising for you may require us to enter into, sign, accept or click through other documents — an affiliate, publisher or partner-programme agreement, network or platform terms, a tracking or payment onboarding form, a supplier or vendor form, an insertion order, or standard terms presented inside a third party’s portal (each an “Ancillary Document”).

These Terms prevail. As between you and us, these Terms govern, and an Ancillary Document takes effect only so far as it is consistent with them. To the extent of any inconsistency, these Terms apply and the conflicting provision of the Ancillary Document has no effect between you and us.

Accepting an Ancillary Document is an operational step taken so that advertising can be delivered, tracked or paid for. It is not an agreement to vary these Terms, and no obligation is added to or removed from these Terms by our accepting one, by a course of dealing, by our performance, or by our not objecting to a document sent to us.

Where an Ancillary Document is between us and a third party rather than between us and you, it creates no rights for you and imposes no obligation on us towards you, whatever it says. You may not rely on it, and nothing in it limits or expands what we owe you under these Terms.

These Terms can be varied only by a document that expressly states that it varies these Advertiser Terms, identifies the provisions it changes, and is signed by an authorised signatory of each of us. A variation agreed for one campaign applies to that campaign only.

Neither party is liable for any delay or failure to perform caused by something beyond its reasonable control, including acts of God, natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, strikes, government action or sanction, failure of power, networks, hosting, payment systems or other infrastructure, and failures of a third party we rely on. This does not excuse an obligation to pay amounts already due. Where such an event prevents delivery, we may pause affected campaigns; amounts committed but undelivered are handled under section 5.

Each party warrants that it will comply with applicable anti-bribery, anti-corruption, anti-money-laundering, export-control and sanctions laws, and that it is not, and is not owned or controlled by, a party subject to sanctions. We may suspend or terminate immediately, without liability, if we reasonably believe continuing would breach any of them.

These Terms and any dispute arising out of or relating to them or the Advertising Services are governed by the laws of Singapore, without regard to its conflict-of-laws principles. Each party submits to the exclusive jurisdiction of the courts of Singapore.