1. Definitions
Capitalized terms defined in the General Terms and Conditions shall, unless otherwise defined herein, have the same meanings when used in these Specific Terms, and in addition:
(1) “Advertisement Budget” means the maximum amount of usage fee permitted by Partner for the Service.
(2) “Advertisement Publication Period” means a publication period for the Partner’s Advertisements under the Service.
(3) “Guidelines” means the guidelines provided by LINE, including but not limited to the LINE Points Ads Service Guidelines attached at Exhibit I to the Agreement.
(4) “Inquiries” means an inquiry, claim, request for compensation of damages, or any other demand from a third party, including a User, related to the Partner’s Advertisements.
(5) “Licensed Rights” means the license to use the Materials in the Service (including but not limited to the license to copy, translate, adapt, modify, publicly transmit, and use the marks relating to the Partner’s Advertisements (including the Partner’s registered Trademarks) to the extent necessary for and in the Territory and for the duration necessary to provide the Service.
(6) "LINE" means LINE Plus Corporation and/or its Affiliates.
(7) “LINE General Service” means an instant message and free call service to Users operated and provided by LINE and its Affiliates through any access equipment, including Personal Computers, tablet devices, and mobile devices.
(8) “Material” means image and/or text necessary for placing the Partner’s Advertisements under the Service.
(9) “Partner’s Advertisements” means advertisements for the Partner’s products or services through the LINE General Service.
(10) “Performance” means a completion of a certain action or actions required in order to obtain LINE Points.
(11) “SDK” means software that Provider (acting on the instructions of LINE) requests the Partner to integrate into the Partner’s app.
(12) “Service” means LINE Points Ads service.
2. Applicability of the Terms and Conditions
(1) These Specific Terms will apply to the Partner during its use of the Service, which is provided to the Partner as advertised merchandise under the LINE General Service.
(2) The details of the Service, such as usage fees, Service Period and other relevant conditions, are subject to the details set forth in (i) a media guide or similar alternative material that Provider, LINE or a third party will separately provide to the Partner; (i) the Guidelines; and (iii) the relevant Application.
3. Contents of the Service
(1) The Service is Salesd by the Partner for the promotion of its own products and services via publication of the Partner's Advertisements.
(2) Under the Service, Users shall be permitted to earn LINE Points by Performance in respect of the Partner's Advertisements as instructed by the Partner.
(3) LINE does not guarantee that Performance will happen in respect of the Partner’s Advertisements.
(4) LINE does not expressly or impliedly guarantee or warrant that the Service is free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights).
4. Permission for Use of Partner’s Advertisements and Representations and Warranties
(1) Partner shall, through Provider, provide LINE with Materials in accordance with the standard and format determined by LINE. Partner shall not use the LINE's and/or its Affiliates’ characters without the written approval of LINE.
(2) Partner shall be responsible for obtaining appropriate clearance, approvals and consents for all rights and relations regarding all of its merchandises, Partner’s Advertisements and Materials. Partner shall grant to LINE the Licensed Rights.
(3) In the event that LINE receives any complaints or claims or is sued by a third party, including a User, due to a breach of the representations and warranties made by the Partner given below, Partner shall resolve these complaints, claims or lawsuits at its own expense, and indemnify and hold each of the Provider and LINE harmless from and against the said complaints, claims or lawsuits:
(i) The Partner is duly authorized to apply for and use the Service ;
(ii) None of the Materials infringe any third party’s rights (including but not limited to copyrights, moral rights, patents, trademarks, design rights, utility model rights, trade secrets, fame, portrait rights, privacy, publicity rights, moral rights of performers);
(iii) The Partner has appropriate rights to grant LINE the Licensed Rights; and
(iv) The Partner’s products and merchandise, the Partner’s Advertisement and the Material comply with all applicable laws, regulations, ordinances, orders, judgments and/or requests issued by the courts, the relevant government agencies, the relevant regulation agencies and/or any relevant self-regulatory organization in the Territory.
(4) In publishing the Partner’s Advertisements, Partner must comply with the “Advertisement Publication Standards” separately determined by LINE. The Partner hereby agrees that LINE may modify the terms of the Advertisement Publication Standards from time to time without prior notice to the Partner.
(5) LINE reserves the right to refuse or terminate the placement of the Partner’s Advertisements, and will not be liable for any damages in the event that the Partner is in violation of any applicable laws, Guidelines, and/or any agreements executed with Provider or LINE.
(6) If the Partner receives any Inquiries from a third party, including a User, related to any Partner's Advertisement, the Partner shall, without delay, give LINE a written notice thereof, and shall deal with the Inquiries in good faith; provided, however, that if the subject matter of the Inquiries is attributable to LINE, LINE will cooperate with the Partner to the extent necessary for resolving such Inquiries.
(7) LINE shall not be obliged to return the Partner’s Advertisements or the Material provided by the Partner. Unless otherwise agreed between the Parties, LINE may destroy any Partner’s Advertisements and Material that are no longer necessary to be kept or retained by it.
(8) When Partner is to receive the provision of personal data from LINE, Partner shall take measures to comply with the Eight Principles under the OECD Privacy Guidelines regarding the handling of personal data.
(9) When LINE receives personally referable information from Partner, LINE will obtain the principal’s consent and then link such personally referable information with the personal data held by LINE in order to award points.
5. Service Fees
(1) Usage fees for the Service ("Service Fees") will be determined in accordance with the Insertion Order (s). If the Application does not reference any such Service Fees, usage fees will be determined based on a media guide provided to the Partner. Unless otherwise referred to in the Application, the detailed terms of Service Fees, including but not limited to any refunds and cancelations, will be subject to the media guide.
(2) The payment method for the Service Fees, including but not limited to any prepayments and deferred payments, will be subject to the terms of the Application accepted by LINE. In the event that the said Application does not reference any payment method, it shall be subject to the media guide provided to the Partner. If neither the Application nor the media guide references a payment method, the Partner shall pay the Service Fees in accordance with the General Terms and Conditions.
(3) LINE shall have the right to terminate the placement of any Partner's Advertisement in the event of the following:
(i) When the Service Fees reaches the Advertisement Budget;
(ii) When the Performance reaches the maximum amount; or
(iii) When the Advertisement Publication Period expires.
(4) There may be cases where Service Fees that exceeds the Advertisement Budget are incurred after the termination of the Partner’s Advertisements as provided in Article 5(3) above, depending on the activities of the Users. In such situation, the Partner shall be obliged to pay for such extra Service Fees incurred notwithstanding the termination of the Partner's Advertisement to which such Service Fees relates.
6. SDK
(1) When the objective of the Partner’s Advertisement is to have a User install the Partner’s app to such User’s terminal devices, there may be cases where the Partner will need to integrate SDK to the Partner’s app.
(2) In the case where the Partner uses the SDK provided by a third party, the Partner shall use the SDK in accordance with terms and conditions set forth by the said third party.
(3) In the case where the Partner uses the SDK provided by LINE, the following shall apply:
(i) The intellectual property rights and all other rights related to the SDK will be retained by LINE. LINE, upon providing the SDK, will grant to the Partner a non-exclusive and non-transferable license to use the SDK for the limited purpose of using the Service.
(ii) The license regarding the use of the SDK will be valid for the period during which the Agreement is valid. Upon the expiration or earlier termination of the Agreement, the license relating to the use of the SDK will also expire or terminate (as the case may be) with immediate effect.
(iii) The Partner shall neither modify nor reverse engineer the SDK.
(iv) The Partner shall not disclose, distribute, sell, lease, transfer or sub-license the SDK to a third party.
(v) Articles 6(3)(iii) and 6(3)(iv) will not apply in the case where LINE separately and expressly designates or permits the activities specified in the said Articles to be done by Partner.
(4) LINE will not be liable for the following.
(i) damages incurred by Partner attributable to the Partner’s use or non-use of the SDK; or
(ii) damages incurred by Partner or any User due to the failure of launching the downloaded app due to User’s environment; or
(iii) damages incurred by Partner during any interruption or suspension of the Service due to Force Majeure or Articles 4 or 5 hereof.
7. Elimination of inappropriate Performance
(1) LINE will automatically eliminate any inappropriate occurrence of Performance in accordance with LINE's criteria and/or the Guidelines.
(2) The algorithm used in the aforementioned elimination system will not be disclosed to any third party including the Partner, as the disclosure of the algorithm may result in or trigger inappropriate occurrence of the Performance.
(3) LINE will not grant LINE Points to a User who took or are deemed to have taken inappropriate actions to obtain LINE Points.
8. Acquisition of personal information
(1) Upon the acquisition of personal information in connection with usage of the Service, Partner represents and warrants that it strictly complies with all applicable laws and regulations, including but not limited to listing the links to the Partner’s privacy policy regarding the collection, processing, or usage of such personal information, or the provision of such personal information to third parties.
(2) Partner shall process, use, or provide all personal information acquired in connection with the Service solely within the necessity and for the purpose of distributing the Partner’s Advertisements which collects such personal information.
9. Others
(1) LINE has no obligation to send a prior notice to the Partner regarding the interruption or suspension of the Service.
(2) The date and time referred to in connection with the Service is date and time of the Republic of Korea unless otherwise specified.
(3) The Specific Terms are stipulated in the English language.