Weedmaps Self-Serve Premium Listing Terms
Last updated December 7, 2020
By using the self-service tools available in your Listing Services admin portal for the creation, submission, and/or delivery of premium placement advertisement listings (the “Self-Serve Listing Interfaces”), you agree to (I) the following terms (the “Self-Serve Premium Listing Terms”); and (II) the Weedmaps Commercial Terms available at https://weedmaps.com/legal/commercial-terms (including any other terms or policies referenced therein, the “Commercial Terms”). Capitalized terms used but not defined herein have the meaning set forth in the Weedmaps Listing & Placement Services Supplemental Terms available at https://weedmaps.com/legal/listings-terms.
2. Self-Serve Premium Listings
Weedmaps and you desire to enter into an on-line information premium listings relationship pursuant to which Weedmaps will provide you with premium listings that will be paid for by you on a cost-per-click, cost-per-impression, or other performance or display-based model, each, as determined by you and Weedmaps via the Self-Serve Listing Interfaces.
If Weedmaps accepts your order for the Campaign (the “Premium Listing Order”), Weedmaps will notify you and deliver the Premium Listing as inventory becomes available or as otherwise agreed to by Weedmaps. Weedmaps will determine the size, placement, and positioning of Premium Listings in its sole discretion.
Weedmaps does not guarantee the reach or performance of your Campaigns, such as the number of people who will see your Premium Listing, the number of clicks your Premium Listing will get, or the particular placement or positioning of your Premium Listing relative to other Premium Listings. Weedmaps cannot control how clicks are generated for your Campaigns. 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 Campaigns and you agree to take on all responsibility and risk associated with fraudulent clicks or technological issues. Weedmaps does not guarantee perfect delivery.
You authorize Weedmaps to periodically conduct tests that may affect your use of the Self-Serve Listing Interfaces, including Premium Listing formatting, delivery systems, audiences, targeting, quality, ranking, performance, pricing, and auction-time bid adjustments. To ensure the timeliness and validity of test results, you authorize Weedmaps to conduct such tests without notice or compensation to you.
Notwithstanding anything to the contrary contained within the Commercial Terms, you will pay for your Premium Listing Orders in accordance with the following.
You agree to pay the amount you owe for your Premium Listing Orders for the month that the Campaigns specified in the Premium Listing Orders were delivered (the “Premium Listing Orders Price”) as provided below. The Premium Listing Orders Price will be calculated based on Weedmaps’ tracking mechanisms and measurements. The Premium Listing Orders Price is exclusive of all Taxes, the payment of which you are responsible for. You will be required to pay the Premium Listing Orders Price with the Premium Listings Balance. You may increase your Premium Listings Balance at any time. When you pay via the Premium Listings Balance, Weedmaps will make available to you a monthly report of the amounts drawn down from the Premium Listings Balance for Campaigns delivered for the prior month. The Premium Listings Balance may be used only to pay for Premium Listing Orders and is only for business or commercial purposes. Weedmaps is not a bank and does not offer banking services; accordingly, Premium Listings Balances do not earn interest, are not deposit obligations, and are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.
For purposes of payment of the Premium Listing Orders Price, Weedmaps will only accept credit cards or debit cards, unless Weedmaps specifies otherwise in writing, and will otherwise only accept the payment options specified in the Commercial Terms.
4. Cancellation; Termination
You may cancel a Premium Listing Order at any time, but the Campaigns in the Premium Listing Order may continue to be delivered for up to 24 hours after Weedmaps receives notice of cancellation. Payments must be made pursuant to the payment terms above for all portions of the Campaigns that have otherwise been delivered (both prior to the termination and during the subsequent 24-hour period). In the event you wish to cancel your Premium Listing Orders, you must do so through the Self-Serve Listing Interfaces.
For the avoidance of doubt, the termination and suspension provisions of the Agreements continue to apply to all Listing Services Weedmaps provides you. In addition, if the Listing Services are terminated thereunder, your Premium Listing Order will also automatically be terminated, and you will remain obligated for any services that have otherwise been provided but not yet paid for, which will be drawn down from your Premium Listings Balance. In the event your Premium Listing Order is terminated for any reason, any unused portion of your Premium Listings Balance will be refunded to you within 90 days.
5. Dispute Resolution; Arbitration; Class Action Waiver
For the avoidance of doubt, the dispute resolution and arbitration provisions of the Commercial Terms apply to these Self-Serve Premium Listing Terms. BY USING THE SELF-SERVE LISTING INTERFACES, YOU (I) AGREE TO MANDATORY INDIVIDUAL ARBITRATION REGARDING DISPUTES, (II) WAIVE ANY RIGHT TO TRIAL BY JURY, AND (III) WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.