Terms of Service

1. Services

Brokkr provides dual-sided advertising services including programmatic campaign management, paid search and paid social management, publisher yield optimisation, header bidding implementation, demand partner management, ad quality controls, and related adtech consulting. The specific services provided to each client are defined in a separate Statement of Work or Service Agreement.

2. Client Obligations

• Provide accurate, complete, and timely campaign briefs, creative assets, and targeting parameters
• Obtain all necessary rights, licences, and consents for creative materials submitted to Brokkr
• Ensure that all advertising content complies with applicable laws, platform policies, and industry standards
• Provide timely approvals for campaign plans, media schedules, and budget allocations
• Maintain accurate billing information and pay invoices within agreed payment terms
• Notify Brokkr promptly of any changes that may affect campaign performance or compliance

3. Payment Terms

Fees for Brokkr's services are set out in the applicable Statement of Work. Unless otherwise agreed, invoices are due within 30 days of the invoice date. Media spend is billed monthly in arrears based on verified platform data. Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. Brokkr reserves the right to suspend services for accounts more than 60 days past due.

4. Intellectual Property

5. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party, including media rates, publisher floor prices, audience data, campaign strategies, and business terms. Confidential information may only be disclosed to employees or contractors who need to know it to perform the services, and must be protected with at least the same care as the receiving party uses for its own confidential information. This obligation survives termination of the engagement for a period of three years.

6. Representations and Warranties

Each party represents and warrants that: (a) it has the authority to enter into these Terms; (b) its performance will not violate any applicable law or third-party rights; and (c) it will comply with all applicable data protection laws, including GDPR and CCPA where applicable. Brokkr warrants that services will be performed with reasonable skill and care in accordance with industry standards.

7. Limitation of Liability

To the maximum extent permitted by law, Brokkr's total liability for any claim arising out of or related to these Terms shall not exceed the fees paid by the client to Brokkr in the three months preceding the claim. In no event shall either party be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or revenue, even if advised of the possibility of such damages. These limitations do not apply to liability arising from fraud, gross negligence, or wilful misconduct.

8. Indemnification

You agree to indemnify, defend, and hold harmless Brokkr and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your advertising content or materials; (c) your violation of any applicable law or third-party rights; or (d) any claim that your materials infringe a third party's intellectual property rights.

9. Term and Termination

These Terms remain in effect for the duration of any active Statement of Work. Either party may terminate for convenience with 30 days' written notice unless a different notice period is specified in the applicable Statement of Work. Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 15 days of notice. Upon termination, all outstanding fees become immediately due and payable.

10. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall first be subject to good-faith negotiation between senior representatives of both parties. If unresolved within 30 days, disputes shall be submitted to binding arbitration in New York City under the rules of the American Arbitration Association. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction.

11. Modifications

Brokkr reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or by posting a notice on brokkr.media. Your continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms.

12. Contact

For questions about these Terms, please contact our legal team: