Richard's Diary

Tuesday, November 25, 2008

Adwords TC 8/22/2006

  1. Google may modify Targets and Creative.
    1. Ad can run and incur liability.
    2. Moreover, advertiser is deemed to have approved changes after a 72 hour Modification period has passed
    3. " Google may send Customer an email notifying Customer it has 72 hours ("Modification Period") to modify keywords and settings as posted."
  2. Google may modify Terms at any time with no notice.
  3. "Indemnification. Customer shall indemnify and defend Google, its Partners, agents, affiliates, and licensors from any third party claim or liability (collectively, "Liabilities"), arising out of Use, Customer's Program use, Targets, Creative and Services and breach of the Agreement. Partners shall be deemed third party beneficiaries of the above Partner indemnity."
    1. Google's Partners can sue Google or other Partners and advertiser would have to indemnify.
    2. No indemnification from Google for its Use after cancellation, which is simply defined as "shortly".
    3. Should advertiser have to indemnify Google from third party claims for "Services"?
  4. Advertiser information such as Targets and Creative are not protected as confidential by Google.
Governed by California law

  1. Refunds are advertising credits for Google Properties only (to protect Publisher's booked revenues)
  2. Advertiser subjects themselves to personal jurisdiction of courts mentioned by Google

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