Updated 2023 Weedmaps Supplemental Ads Terms

Supplemental Ads Terms

By using the Weedmaps Ads purchase and placement services, you agree to be bound by the Weedmaps Commercial Terms of Use as well as these Supplemental Ads Terms, the Weedmaps Privacy Policy, and any other terms or agreements that make up the WM Collective Terms of Service, as applicable. Capitalized terms used within these Supplemental Terms but not defined herein will have the meanings given to them elsewhere in the WM Collective Terms of Service. If you access or use any of the Weedmaps Ads purchase and placement services on behalf of a business or commercial entity, that business will be deemed to have accepted these Terms.

1. Ads

The Weedmaps Services include the ability for you or your agency (“Agency”) to purchase and place advertisements (“Ads”) on the Websites, Apps, and other Weedmaps surfaces (“Surfaces”) on your behalf as agreed upon by you and Weedmaps, for a flat fee, on a cost-per-impression basis, or subject to another pricing structure (each, a “Campaign”). Each Campaign shall be considered an Add-On Service as defined in the Commercial Terms.

If Weedmaps accepts your request for a Campaign, Weedmaps will notify you and deliver the Ads as inventory becomes available or as otherwise agreed upon by you and Weedmaps in writing. Weedmaps will determine the size, placement, and positioning of Ads in its sole discretion or as otherwise agreed upon by you and Weedmaps in writing. Weedmaps will use commercially reasonable efforts to comply with the Campaign and to evenly pace the delivery of the Ads throughout the duration of the Campaign, if applicable.

Weedmaps will track the delivery of all Campaigns and make aggregated Campaign performance information available to you upon your request. Weedmaps does not guarantee the reach or performance of Ads, including but not limited to the number of people who will see your Ads, the number of clicks your Ads will get, or the particular placement or positioning of your Ads, provided that Weedmaps will not modify the placement or positioning of any Ads that you and Weedmaps have agreed upon in writing without first notifying you. Weedmaps cannot control how clicks are generated for your Ads. Weedmaps runs systems that attempt to detect and filter certain click activity, but Weedmaps is not responsible for click fraud or any technological issues that may affect the cost or performance of the Ads, and you agree to accept all responsibility and risk associated with fraudulent clicks or technological issues. Weedmaps does not guarantee perfect delivery.

Ad impressions that exceed the agreed upon number of impressions or a budgetary cap may be provided by Weedmaps in its sole discretion, and Weedmaps does not guarantee their delivery. If you notify Weedmaps in writing that the Campaign has reached an impression or budgetary cap agreed upon by you and Weedmaps in writing, Weedmaps will not charge you for any impressions that exceed 10 percent of such cap. Notwithstanding the foregoing, you agree and acknowledge that Weedmaps may need to serve excess impressions to fulfill certain guaranteed cost-per-impression Campaigns, all costs for which you will be solely responsible.

Weedmaps may conduct tests that may affect your Ads, including but not limited to modifying and/or limiting formatting, user traffic, audiences, placement, positioning, and ranking. Weedmaps may conduct tests without notice and such tests will not be deemed a breach of the WM Collective Terms of Service.

You will pay Weedmaps for each Campaign immediately upon receipt of the Invoice for such Campaign as set forth in the Commercial Terms unless we otherwise agree in writing. Weedmaps may require you to pay for Campaigns in advance or maintain a pre-paid balance against which Campaigns can be purchased.

2. Representations, Warranties and Covenants

You represent and warrant that the content of your Ads, including but not limited to any websites and/or links accessible from the Ads and any of your products and/or services in the Ads will be deemed Business Content and will: (a) be true, accurate, complete, and current; (b) contain any required disclosures, disclaimers, and/or warnings; and (c) comply with the Acceptable Use Policy, all Applicable Law, and any advertising policies, guidelines, criteria, and specifications made available to you (collectively, the “Policies”). If you engage in false advertising or any misleading or fraudulent practice, or otherwise act in violation of the Acceptable Use Policy, Weedmaps may suspend or remove your ability to offer Ads and/or your access to the Weedmaps Services entirely in its sole discretion.

You will submit all Ads to Weedmaps in accordance with its Policies. Weedmaps may require you to use its designated software tool or feature to generate Ads, but Weedmaps will have no obligation to publish the Ads created using such software tool or feature. Notwithstanding the use of any such software tool or feature, you represent, warrant, and covenant that you are and will continue to be solely responsible for all Ads. Ads will be subject to the review and approval of Weedmaps in its sole and absolute discretion, however Weedmaps is not obligated to conduct such a review. If you provide Ads that do not comply with the Policies or are otherwise unacceptable as determined by Weedmaps in its sole discretion, Weedmaps will use commercially reasonable efforts to notify you within two (2) business days. If you fail to replace the non-compliant or otherwise unacceptable Ads before the start date of your Campaign (the “Start Date”), the Ads will be deemed late. If Ads are provided late, Weedmaps will begin charging you a prorated amount of the Campaign on the Start Date for each day that the Ads are late, except for any performance-based, non-guaranteed Campaign, and Weedmaps will not be required to deliver the full Campaign.

Weedmaps reserves the right to reject and/or remove any Ad from the Surfaces in its sole discretion at any time without notice, and to alter any Ads, including to conform to its Policies. If Weedmaps rejects or removes any Ad because of your breach or violation of any Policy or the WM Collective Terms of Service or Weedmaps determines in its sole discretion that you and/or the Ads do not comply with Applicable Law or may otherwise negatively affect Weedmaps, Weedmaps may immediately terminate your Campaign, and you will not be entitled to any refund, makegood, or any other remedy; provided, that if Weedmaps rejects or removes any Ad for any other reason, your sole and exclusive remedy will be to terminate the affected Campaign, and Weedmaps shall not charge you for any affected Ads.

Except as otherwise set forth herein, you may not terminate a Campaign unless Weedmaps fails to cure a material breach of the Supplemental Terms applicable to your Campaign within 10 days of receipt by Weedmaps of written notice thereof, in which case you may terminate the Campaign to which such breach relates as your sole and exclusive remedy, and Weedmaps will not charge you for any affected Ads.

3. Agencies

Agency acknowledges and agrees that Agency may be deemed responsible for your breach or violation of the WM Collective Terms of Services and/or any of your payment obligations with respect to any Campaign. Agency will indemnify, defend, and hold Weedmaps and its affiliates (and each of their respective owners, shareholders, partners, members, directors, managers, officers, employees, consultants, contractors, agents, licensees, licensors, successors and assigns) harmless from and against any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including but not limited to attorneys’ fees and court costs), known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or relating to: (1) Agency’s breach or violation of the WM Collective Terms of Service and/or Applicable Laws; and/or (2) the negligence or willful misconduct of Agency or any of its Personnel, including any illegal, unauthorized, misleading or fraudulent activity thereof.

You will make available to Weedmaps written confirmation of the relationship between you and Agency, including your acknowledgement that Agency is your agent and authorized to act on your behalf in connection with the WM Collective Terms of Service.