Terms and Conditions for the Use of the onnetwork.tv Platform

• Platform – IT system with a video player and an embedding mechanism for embedding Materials in websites that enables publishing Materials and video or audio Advertisements and aggregating statistics and a library of Materials enabling their distribution.
• Publisher – entity entitled to use websites registered to work with the Platform.
• Creator – entity holding all rights to use Materials, including to share them with Publishers through the Platform.
• Marketer – entity ordering a video advertising campaign.
• Partner – as meant in these Terms and Conditions, a Publisher, a Creator, or a Marketer.
• Partner User – person authorized by the Partner to use the functionality of the Platform on the Partner’s account.
• Materials – video materials prepared or held by a Publisher or Creator, placed on the Platform, to which the Publisher, the Creator, and Onnetwork have all rights required by law.
• Own Materials – Materials provided to the Platform not meant to be published on the websites of other Publishers.
• Shared Materials – Materials meant by the Publisher or the Creator to be published on the websites of other Publishers.
• VCM (Video Content Marketing) materials - marketing videos that promote a brand or product benefits in their content.
• ACM (Audio Content Marketing) materials - lmarketing audio materials that promote a brand or product benefits in their content.
• Marketing Materials – video or audio materials promoting product advantages or brands.
• Publisher Impression Space – part of the Publisher’s website space where Materials together with Advertisements can be published.
• Advertising - video, audio, branding and other advertising spots offered by Onnetwork. Logos, signature or other identifying marks of Sponsors and Partner's Partners that may appear in Partner's Materials or Own Materials shall not be considered Advertising.
• CPM - (Cost Per Mile) pricing model for settlement for the delivery of the Advertisement and Materials, in which the fee is charged for the number of impressions of a given Material or Advertisement.
• CTR – the click-through rate, a term used in online advertising, standing for the percentage ratio of the number of clicks to the number of advertising exposures.
• VTR – the view-through rate, a term used in online advertising, standing for the percentage ratio of the number of full views of an Advertisement to the number of starts of the Advertisement.
• Viewability – the viewability ratio. The ratio applies to desktop and mobile devices.
• Licence – the right to make Materials available within the Platform, obtained by Onnetwork from the Creator, including the right to grant sublicences.
• Sublicence – the right granted to a Publisher by Onnetwork to use Shared Materials made available on the Platform by the Creators, without the right for the Publisher to grant further sublicences.

• The use of the Platform shall be possible on the terms and conditions set out herein.
• To obtain access to the Platform, it shall be necessary to fill a registration form available on the onnetwork.tv website.
• The Platform shall make available Advertisement and Material exposure statistics, as necessary for settlements and advertising campaign optimization.
• From the point of view of these Terms and Conditions, an entity may act as a Publisher, a Creator, and a Marketer jointly or as any of the above separately.
• The Publisher represents that it has all rights to websites registered to work with the Platform, i.e. that it is their owner or has all rights thereto as required for work with the Platform, including for the display of advertising on those websites and for collecting financial benefits on that account.
• The Publisher consents to the publication of online advertising displayed with Materials.
• The Partner authorizes Onnetwork and its business partners to use the Partner’s logo to acquire Advertisements for the Partner, and in particular to use it in hard-copy and electronic trade presentations (a Licence covering economic copyright on, and related rights to, the logo). The Partner shall not be entitled to any fees in respect of the use of the logo by Onnetwork or its business partners for the purpose described above. The above authorization shall cover the following areas of use:
  
  • fixation using any technique (in any system or format and on any medium), including in print, on photographic film, on magnetic tape, or digitally;
  • reproduction using any technique (in any system or format and on any medium), including in print, on photographic film, on magnetic tape, or digitally;
  • introduction into computer memory, computer or multimedia networks, or databases;
  • publicly making available in such a way that everybody can have access to the logo at a place and time of their choice (including making available on the Internet, e.g. within any websites and any portals paid or unpaid);
  • public reproduction, including using any analogue and/or digital equipment, in particular equipment that has video file and/or video stream storage or playback functions, e.g. computers, radio or television sets, projectors, land-line or mobile telephones, players, Iphones, Ipads, etc.;
  • displaying or performing;
  • analogue or digital video and/or audio broadcasting (coded or uncoded, paid or unpaid, in any system, format, or technology).
• Partner gives Onnetwork and its contractors rights to use Partner’s brand and logotypes of Parner’s websites for the purpose of the acquisition of the advertisement for Partner.
• The Platform uses cookies for statistical, advertising and functional purposes also on the Publisher's websites. Partners and Partners’ Users using the Platform by accepting the Terms and Conditions agree to Onnetwork's Privacy Policy and Onnetwork's Privacy Policy as described in Article 10 of these Terms and Conditions.
• The platform allows uploading materials to: YouTube, Facebook and TikTok. Users using this functionality should read the terms of use of YouTube, Facebook and TikTok. By using the function to add materials to YouTube, Facebook and TikTok, you temporarily grant permission to the Onnetwork platform to add materials to your YouTube, Facebook and TikTok account.
• Original video materials uploaded to Platform by Partners are stored on Onnetwork’s servers for 12 months. After 12 months original video materials are deleted. Those video materials are kept on Platform’s servers in formats converted to the ones used by Onnetwork’s player. Partner can buy out service of keeping original video materials for period longer then 12 months.

• The Partner shall file a completed registration form on the onnetwork.tv website.
• A link activating the account shall be sent to the email address provided in the registration process.
• If the above link is not available, the Partner shall contact Onnetwork at help@onnetworkglobal.com.
• After activating the account, the user can log in and start using all the functionalities of the Platform.
• The Partner shall add websites, Material libraries (storage sites), and Materials to the account.
• Within seven days after registration, Onnetwork shall approve or reject the Partner’s websites added to the Platform. Onnetwork shall give the relevant information to the Partner at the email provided in the registration process.

• The Publisher shall have the duty to:
  
  • Make the Publisher Impression Space available to Onnetwork for its use for publishing advertising acquired by Onnetwork;
  • Upload Materials to the Platform and subsequently embed the Materials using the Platform on its own websites;
  • Protect Platform access logins and passwords from loss, theft, or unauthorized access;
  • Keep Onnetwork promptly informed of any problems that may affect the display of Materials and the publication of advertising;
  • Not embed Materials along with advertising next to illegal, offensive, drastic, or pornographic contents or contents incompatible with the rules of community life or good customs or in a context contrary to the promotional objectives of the advertiser;
  • Not place on the Platform Materials whose publication is forbidden by law, i.e. in particular ones of offensive or pornographic nature, ones that promote fascist contents, ones that exhort to hatred based on national, ethnic, racial, or religious differences, ones that infringe on third-party rights, or ones that are incompatible with the rules of community life or good customs.

• The Publisher shall have the right to:
  
  • Use the Platform to publish Advertisements acquired by the Publisher on its own websites or other Publishers’ websites;
  • Add Own Materials to the Platform;
  • Decide whether Materials uploaded on the Platform will be shared with other Publishers;
  • Charging for Materials made available to other Publishers
  • Downloading Materials made available by Creators, broadcasting them on their websites
  • Exclude Materials from the publication of Advertisements, in which case the Publisher shall pay the relevant costs described in the Settlements section on the Platform;
  • Place Marketing VCM and ACM Materials on the Platform together with the relevant rates and publication sizes for the purpose of their publication by other Publishers;
  • Publish Marketing VCM and ACM Materials on its own websites on terms specified by the Publishers or Marketers who placed the Materials on the Platform.

• The Creator shall have the right to upload Materials to the Platform for the purpose of making them available to Publishers.
• The Creator shall have the duty to describe and categorize the Material in the process of uploading the same to the Platform so that it is easy to search for Publishers.
• The Creator shall decide whether to make Materials paid or free.
• The Creator shall determine the rate payable to him for making the Materials available to the Publishers.
• If the Creator changes the rate during the billing period, the delivery of the Material at the Publishers who downloaded it will be suspended until they accept the new rate.
• The Creator shall have access to statistics allowing it to analyse its revenues and optimize its rates to maximize the use of Materials by Publishers.
• Upon uploading a Material to the Platform, the Creator shall give Onnetwork a non-exclusive licence unlimited temporally or territorially to use the Material as regards publishing it in whole or in parts, including as a freeze frame, in the following areas of use:
  
  • with regard to recording and reproducing Materials – producing copies of an audiovisual work using a digital technology and uploading an audiovisual work to the non-volatile memory of the network server/computer;
  • with regard to distributing Materials – uploading an audiovisual work online and making it publicly available so that anybody can access it at a place and time of their choice using any equipment for access over the Internet, specifically including computers, mobile telephones, tablets, and other mobile devices.
• As part of the cooperation with the Platform, the Creator authorizes Onnetwork to give Publishers sublicences to Materials, provided that such entities shall not grant further sublicences.
• The Creator represents that the contents of Materials will not (i) be incompatible with applicable legislation; (ii) promote a fascist or totalitarian system; (iii) incite hatred based on national, ethnic, race, or religious differences; (iv) undermine commonly held moral principles; (v) infringe on any third-party rights or are incompatible with the rules of community life, and it is entitled to any and all rights to Materials, specifically including economic copyright with the right to grant licences.
• The Creator represents that Materials are not subject to third-party rights.
• The Creator represents that the use of Materials does not and will not infringe on the personal rights of creators as authors or any other third-party rights and does not and will not infringe on any other licences concerning Materials.
• The Creator represents that it has the consents of people whose images are shown in Materials to the use of their images where such a requirement stems from the law.
• The Creator represents that if it transfers rights granted to Onnetwork by licence (especially including economic copyright on Video Materials) to any other entity (a subsidiary or a third party) (whether in whole or in part), it shall ensure that the licence will remain in effect, and the new holder of licensed rights will not take any action preventing or hindering Onnetwork or any other entitled party from going on to use Materials within the full scope.
• Granting the license referred to in this article,also includes permission to implement and use studies for shared materials(so called: dependent rights) and these applies in partcular to: making abbreviations,translations,changes in titles and so on... .
• Onnetwork may receive remuneration for granting sublicenses from entities to which it has granted such sublicenses. For granting sublicenses to third parties, the Creator shall not be entitled to any additional remuneration from Onnetwork other than the Creator's remuneration determined according to the principles described in Section 4 above.

• As regards the use of Materials, Onnetwork shall:
  
  • not use Materials in any context incompatible with their contents and designated use, in particular by placing them next to offensive, drastic, or pornographic contents or contents incompatible with the rules of community life;
  • not remove or modify the logos/watermarks of the Licensor or any third party contained in Materials.
• Onnetwork shall exercise care to ensure that the contents of no advertising published are incompatible with the law, the rules of community life, or third-party rights.
• Onnetwork shall provide statistics on the Platform enabling advertising campaign optimization and settlements.
• The expiry of any licence shall not cause the duty for Onnetwork to remove Materials from the archived catalogues of websites covered by a licence or by a sublicence granted by Onnetwork.
• Onnetwork has the right to immediately block a Partner User's account if the User's behavior is against the provisions of these Terms and Conditions, the law oŕ the rules of social coexistence, i.e. in particular if:
  
  • there is a blatant violation of the rules of use of the Platform or a suspicion of such a violation,
  • there is a violation of the law by the User regarding the use of the Platform,
  • the User's behavior during login puts the security of the Platform at risk or endangers the interests of other Users.

• Onnetwork declares that the minimum requirements necessary to use the Platform are as follows:
  
  • Operating System:
    - Windows 7 or later
    - macOS 10.14 or later
    - GNU/Linux with kernel version 4.0 or later minimum 4GB RAM
  • Web browser:
    - Chrome
    - Edge
    - Firefox
    - Safari
    - Opera
• The Partner shall inform Onnetwork of any inability to use the Platform by notifying the same on help@onnetworkglobal.com.
• Onnetwork shall make every effort to ensure that the use of the Platform is uninterrupted. Onnetwork does not, however, provide any warranty of uninterrupted and unimpeded access to the Platform.
• Onnetwork reserves the right to temporarily limit access to the Platform for the purpose of its maintenance or development but shall have a duty to give notice thereof to the Partner.
• Onnetwork reserves the right to make short technical breaks (caused by, e.g., equipment replacement or inspection) in the operation of the Platform, of which Onnetwork shall not have a duty to notify the Partner.
• Onnetwork shall not be liable for any problem in access to the Platform due to technical issues relating to the Partner’s computer equipment (e.g. firewalls, multimedia file players, antivirus software).
• Complaints, comments, and inquiries regarding the services provided may bé submitted to Onnetwork via e-mail at biuro@onnetwork.pl.
• The reported complaint should contain the contact details of the applicant to enable the transfer of a response to the application, as well as a detailed description of the occurring problem, i.e., in particular, it should contaiń the reasons for the complaint.
• If the complaint does not contain all the elements necessary for its consideration, Onnetwork will call on the complainant to supplement the formal deficiencies of the application under pain of leaving the complaint unprocessed.
• Complaints shall be considered̨ within 14 days from the date of receipt of the complaint containing all the elements indicated in paragraph 7, and shall bę communicated to the complainant in the same form in which he submitted the complaint.
• The response to the complaint will include the resolution of the complaint, the reasons for the resolution, as well as any corrective actions intended/ taken.

• In principle, the use of the functionalities of the Platform shall be free of charge. Onnetwork and the Partner shall receive fees on terms described below.
• Partner may receive fees from Onnetwork in consideration of the delivery of Advertising on its own pages next to Own and Shared Materials, delivery of Partner's Shared Materials on other Partners' pages, delivery of Advertising next to Shared Materials of other Publishers, and delivery of VCM and ACM Materials.
• Onnetwork may receive fees from the Partner in consideration of the publications of advertisements acquired by the Publisher and published on its own website,VCM and ACM materials, delivery of Materials owned by the Creator and downloaded from the platform by the Partner, the publication of Advertisements along with Shared Materials, the publications of Marketing Materials, and the exclusion of Materials by the Publisher from the publication of Advertisements.
• Fees shall be based on the CPM rate for the number of exposures of Advertisements along with Materials.
• The CPM rate is specified in the Advertising Rates subsection of the Settlements section.
• The CPM rate shall depend on three factors: CTR, VTR, and Viewability, which have ascribed weights.
• With respect to the broadcast on Partner's websites of Materials and Ads obtained by Onnetwork on Materials Shared on the Platform by other Onnetwork Partners, Partner's CPM rate will be reduced by the cost of obtaining the Shared Material.The CPM rate for Shared Material is specified on the Platform. Example: if the rate for Shared (public) Material is 0,25 EUR, then the Partner's remuneration will be reduced by the amount corresponding to the number of CPMs (displays divided by 1000) multiplied by the rate per CPM, in this case 0,25 EUR.
• The total fee ex.VAT shall be calculated as the CPM number times the CPM rate. Added to the fee amount shall be the output VAT applicable under the relevant laws in effect on the date of the invoice.
• By the fifteenth day of the month following the billing month (the month in which the advertisement or Material is broadcast), Onnetwork will provide the Partner with the final billing information for the Advertisement or Material via email. The data presented on the Platform are estimates.Settlement regarding Advertising with the Partner is made on the basis of Marketers' statistics. Settlement regarding Materials is made on the basis of statistics from the Onnetwork platform.
• The Partner and Onnetwork shall issue VAT invoices based on the said data.
• Invoices shall be payable within 21 days after the date of delivery of the invoice, to the bank account indicated on the invoice.
• Onnetwork and the Partner agree to receive electronic invoices in PDF files, which the Partner shall send to invoice@onnetworkglobal.com and which Onnetwork shall send to the email address provided during registration or another email address if the Parties so decide in separate correspondence.
• Invoices for the Partner shall be raised based on data provided in the registration process and those for Onnetwork shall be raised to:
  Onnetwork Global Sp. z o.o.
  Ul. Ciołka 17 lok. 318, 01-445 Warszawa
  NIP (tax identification number): 5272820085

• The processing of personal data provided by Users as part of their use of the Platform is carried out in accordance with the provisions of generally applicable law, i.e., in particular, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) - the so-called "RODO", the Polish Data Protection Act and the Polish Act on the provision of electronic services.
• The Administrator of your personal data is Onnetwork Sp. z o.o., located in (01-445) Warsaw at Ciołka 17 lok. 320, registered in the National Court Register kept by the District Court for the Capital City of Warsaw, XII Economic Department of the National Court Register, under the KRS number 0000514215, NIP 5272715951, REGON 147296541, with the share capital of 100.000 PLN. The Administrator informs that due to corporate relations with Onnetwork Global Sp. z o.o., registered in the National Court Register kept by the District Court for the Capital City of Warsaw, XII Economic Division of the National Court Register, under KRS number 0000694012, NIP 5272820085, REGON 368263697, there may be a co-administration of personal data.
• Detailed rules for the processing of personal data, including in particular a number of rights to which the User is entitled in this regard, as well as the basis for the processing of data are made available to the User at the time of submission of personal data by the User (e.g., when registering an account on the Platform,) and then availablę at any time in the Onnetwork Privacy Policy available at: https://onnetwork.tv/pp_services.php
• As part of the operation of the Platform, information contained in Users' cookies is collected automatically to ensure the proper operation of the Platform, to maintain and enhance its functionality, and to enable external advertising campaigns. For more information in this regard, please refer to Onnetwork's Privacy Policy available at: https://onnetwork.tv/pp_services.php

• The Partner represents that its particulars and representations provided in the registration process are compatible with actual facts, as a result of which the Partner shall be fully liable on that account.
• In matters not covered by the regulations, Polish generally applicable regulations shall apply.
• For matters arising in connection with the provision of electronic services covered by the Regulations, the applicable law is Polish law.
• These Terms and Conditions may be amended by Onnetwork at any time. Partners and Partner Users shall be notified of any such amendments to these Terms and Conditions in the process of logging on to the Platform. Amendments to these Terms and Conditions shall be effective upon their publication on the onnetwork.tv website. In the event of the non-approval of amendments to these Terms and Conditions, the Partner or the Partner User shall be no longer able to use the Platform.
• Any and all disputes arising from obligations connected to these Terms and Conditions shall be resolved under the laws of Poland by courts of law with jurisdiction over the registered office of Onnetwork. The Partner and Onnetwork agree that, if any dispute should arise between them, they shall primarily endeavour to settle such a dispute amicably.
• These Terms and Conditions shall enter into force on 1 September 2017. Any and all agreements made by and between Onnetwork and the Partner before the date of entry of these Terms and Conditions into effect shall be valid and their provisions shall be in force.
• An integral part of the Terms and Conditions is the Privacy Policy. The entities using the Platform acknowledge that they have read these Terms and Conditions and Privacy Policy, approve the provisions hereof, and agree to be bound thereby.
• The current version of the Regulations is effective as of 10/08/2024.

onnetwork.tv Platform Privacy Policy