MyBump Media is an on the road crowd advertising platform that matches you with Brand Ambassadors. MyBump Media provides an opportunity for advertising designs displayed on vehicles of Brand Ambassadors to reach and inform the general public regarding your product, services, activities and/or items of interest and information (“Services”). References made herein to ‘us, our or we’ refers to MyBump Media and ‘you’ refers to you as our client.
The performance of our Services can be viewed in our online client dashboard (link:http://client.mybump.my) (“Advertiser Dashboard”), your access to the Advertiser Dashboard will be given by us via a separate encrypted email when you sign up as our client, either via the Advertiser Dashboard or through any of our representative in writing.
The following terms (the “Advertiser Terms”) apply to your use of our Services including the Advertiser Dashboard for the creation, submission, confirmation, delivery and/or monitoring of any advertising or other promotional crowdvertising campaigns through the Advertiser Dashboard (“Campaigns”).
These Advertiser Terms is in addition to the Terms and Policies (link: https://mybump.my/terms/) made available on www.mybump.my, in the event of any inconsistencies, these Advertiser Terms will govern with respect to your use of the specific feature or functionality of the Advertiser Dashboard to the extent of the conflict. By logging in the Advertiser Dashboard, your access to and continued use of the Advertiser Dashboard constitutes acceptance of these Advertiser Terms.
- When you place an order for a Campaign, you will tell us and confirm the following details (“Campaign Details”):
- Type of crowdvertising Campaign you want to buy, we generally offer the following types of crowdvertising Campaigns:
- Rear window sticker;
- Front wrap;
- Rear bonnet wrap;
- 4-door side wrap;
- Full wrap
- Purpose of campaign
- No. of Brand Ambassadors
- Campaign launch date
- Campaign duration
- Design for the campaign
- Target area, demographic and audience
- Any other relevant information
- Type of crowdvertising Campaign you want to buy, we generally offer the following types of crowdvertising Campaigns:
- We may accept other additional requests pertaining to a campaign which will form a part of the Campaign Details. If we agree to your additional request, any costs associated with such request will be borne by you.
- You will confirm your agreement of the Campaign Details prior to the launch of any Campaign via the Advertiser Dashboard. No changes or edits to the Campaign Details is permitted after Campaign Details are confirmed. We reserve the right to delay or reject the launch of a Campaign until sufficient information pertaining to the Campaign details are provided and confirmed by you.
- If we accept your order for a Campaign, we use best efforts to deliver the Campaign to the target area, demographic and/or audience you specify or to achieve the outcome you select, though we cannot guarantee in every instance that your ad will reach its intended target or achieve the outcome you select.
- From time to time, we need to test improvements to our audiences and delivery systems, which could impact your advertising. Our testing is designed to improve the effectiveness of your advertising performance. We reserve the right to test when we believe it will be beneficial for advertiser performance.
- Fee for the Campaign shall be issued by us via an invoice and you agree to abide and comply with the payment terms of the invoice. We reserve the right to delay and/or reject the launch of a Campaign pending payment of the invoice in accordance with the terms therein. The amounts we charge you may be subject to and include applicable taxes and levies, including without limitation withholding taxes. You are responsible for bearing and remitting any taxes that apply to your transactions. You will indemnify and hold us harmless from and against any claim arising out of your failure to do so.
- You are responsible for providing the graphic advertising concepts and/or design to us. Such assistance or adjustments may be subject to additional fees. Your advertising must comply with all applicable laws, regulations, and guidelines including the Malaysian Code of Advertising Practice available at http://www.asa.org.my/code.php. We may, as deem necessary, provide assistance and/or adjustment to the advertising design or design concept to ensure best viewing of the design on a vehicle. We will not accept advertising that it determines, in our sole discretion, will reflect us poorly, our Brand Ambassadors and the long term use of this advertising opportunity. You are solely responsible for any legal liability arising out of or relating to the advertising design, and/or such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, unfair competition, defamation, invasion of privacy or rights, violation of any law or regulation, or any other right of any person or entity. You agree to indemnify us and to hold us harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by us, arising out of or related to the your breach of any of the foregoing. We reserve the right to delay or not proceed with the launching of a campaign until the final advertising design is approved by you. The advertising design is displayed at your risk and, if deemed necessary by us, you are responsible for the costs of replacement at no fault of us or the Brand Ambassador.
- We will provide you with reports about the number of kilometers driven by the Band Ambassadors and the number of impressions generated by your advertising design via the Advertiser Dashboard. We track the performance of your advertising design using GPS and traffic condition data. We do not control where and when the Brand Ambassadors are on the road or the number of kilometers driven by the Brand Ambassadors or impressions generated by your advertising design. We have systems that attempt to detect the Brand Ambassador’s driving activity, but we are not responsible for any GPS fraud, technological issues, or other potentially invalid activity that may affect the performance of your advertising design.
- You acknowledge and understand that we match your advertising campaign with willing Brand Ambassadors. The Brand Ambassadors are private contractors and participation in any campaign is at the sole discretion of the Brand Ambassadors. We do not guarantee that you will obtain the desired Brand Ambassadors and we hold no liability or assurance on ensuring your desired Brand Ambassadors will participate in an advertising campaign. We do not guarantee the reach or performance that your advertising design will receive, such as the number of people who will see your advertising design or how many kilometers your advertising design is driven. The Brand Ambassadors shall display the advertising design on their vehicles throughout the campaign duration. Verification and confirmation of the affixation of advertising design on the Brand Ambassadors’ vehicles are displayed on the Advertiser Dashboard. You understand and agree that vehicles on which the advertising design is affixed may be stationary or may travel out of the requested travel locations from time to time during the campaign period for reasons beyond our the control. In no event will we be liable for the commissioning of Brand Ambassadors beyond the agreed number during the campaign period. We may need to replace a Brand Ambassador due to unforeseen circumstances, in such event we shall exercise all reasonable efforts to sought a replacement Brand Ambassador as soon as practicable.
- Our total aggregate liabilities arising from or in connection with the services, for any cause whatsoever and regardless of the form of action, whether in contract or tort (including negligence) or otherwise, shall be limited to the amount of fees payable for the respective advertising campaign. In no event will we be liable to you for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not we have been advised of the possibility of such damage.
- Save for any intellectual property rights owned by you in the advertising design, you shall not acquire any right or title to trademarks, design copyright, patents or any other intellectual property rights, whether registered or unregistered, in the advertising medium and/or the Advertisers Dashboard. We shall remain owner of such rights. You shall not disclose any of our Confidential Information to any third party and shall not use any such Confidential Information for any purpose other than for the purpose of this agreement. For the avoidance of doubt, Confidential Information means all information which are of confidential or proprietary in nature and our trade secrets including but not limited to all technical or non-technical, engineering, scientific, statistical , financial and commercial Information, designs, inventions, copyright material, know-how, ideas, studies, findings, conclusions, data, samples, specifications, formulae, formulations, processes, operating, testing procedures and improvements, whether or not patentable, that are of value to us and not generally made known to their competitors or the general public, any of which may be disclosed in writing, or any other form whether orally, by visual inspection, in electronic or computerised form or indirectly through the observance of processes, procedures, or operations by you. Notwithstanding the above, you acknowledge and agree that we may refer to you in any press releases, product brochures and financial reports indicating that you are our client.
- We are providing the Services as an independent contractor. Nothing contained in these Advertiser Terms shall be construed as constituting us as your employees or agents.
- These Advertiser Terms is applicable to you for so long as you have an active account with us. You may terminate your account with us by submitting your account termination request to firstname.lastname@example.org subject to our written confirmation. Your account shall remain active throughout an active campaign period and any termination of account shall only be made after a campaign period expires. Upon such termination, we shall be entitled to an amount of fees proportionate to the services completed and deliverables submitted to you. Termination of your account with us shall not affect our accrued rights and obligations. The provisions of Clause 10, 11 and 13 shall survive the termination of your account.
- Neither of us will be liable to each other for any failure to fulfill their respective obligations caused by circumstances outside their reasonable control (force majeure). If any part of any provision of these Advertiser Terms is invalid or unenforceable under applicable law, such part will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remainder of these Advertiser Terms.
- If you are placing ads on someone else’s behalf, you must have permission to place those ads, and agree as follows:
- You represent and warrant that you have the authority to bind the advertiser to these Advertiser Terms and our Terms and Policies.
- If the advertiser you represent violates these Advertiser Terms or the our Terms and Policies, we may hold you responsible for that violation.
- You agree that we may provide campaign reporting information to the end advertiser for whom you placed a campaign.
- These Advertiser Terms shall be governed by, and construed in accordance with, the laws of Malaysia, and you agree to submit to the exclusive jurisdiction of the courts of Malaysia.
We may ask you to review and accept supplemental terms that apply to your use of a specific feature or functionality made available through the Advertiser Dashboard. To the extent those supplemental terms conflict with these Advertiser Terms, the supplemental terms will govern with respect to your use of the specific feature or functionality to the extent of the conflict. We may change or update these Advertiser Terms from time to time and your continued use of the Advertiser Dashboard constitutes acceptance of those changes.