Bidder Rules for Marketplace Participation

This document contains procedures and definitions related to the participation of licensed bidders (“Bidders”) on the ONE by AOL: Mobile Marketplace Platform. Effective 09-30-14

All Bidders and Bids shall adhere to the requirements and conditions contained herein. Capitalized terms not defined herein have the meanings set forth in the Real Time Exchange Buyer Agreement and the Real Time Exchange Buyer Agreement Terms and Conditions.

  1. Auction Platform: The Auction Platform conducts Auctions in real time. A Bid constitutes an offer that is competing simultaneously against multiple Bidders for the Offered Space. The Winning Bid is determined by the Auction Platform based on the highest Bid for the available inventory.
  2. Price Floor: ONE by AOL: Mobile, on behalf of its Content Providers, may set a minimum price (a “Price Floor”) for the Inventory on the Auction Platform.
  3. Winning Bid Price: Unless otherwise designated as a first-price auction, the Auction Platform operates as a second-price-plus auction for any Bids at or above the Price Floor. For Bids that are at or above the Price Floor, the Winning Bid Price shall be the greater of (A) the second highest Bid for the Offered Space or (B) if there is only one (1) Bid at or above the Price Floor, the Price Floor plus the lesser of (x) five percent (5%) of the Price Floor or (y) one (1) cent. If there are no Bids at or above the Price Floor, ONE by AOL: Mobile reserves the right to clear an Auction as a first-price auction or to allow the Offered Space to go unsold. For such Auctions where no Bids are at or above the Price Floor, and where ONE by AOL: Mobile clears the auction at the first-price, the Winning Bid Price shall be the highest Bid. Notwithstanding anything contained in the foregoing, the maximum to be paid for the Offered Space shall be the highest Bid.
  4. Bid Timing: Bid responses must be received by ONE by AOL: Mobile from Bidder within 100 milliseconds from the start of each Auction. ONE by AOL: Mobile reserves the right to reject any Bid received outside of the allotted time.
  5. Selling Criteria: ONE by AOL: Mobile and/or the Content Provider shall have the ability to establish selling criteria for any Auction. These criteria shall be accessible by Bidders through participation on the Auction Platform. The selling criteria must be met by each Bidder for all Offered Space in order for the Bidder to be eligible to be win a bid.
  6. Bidder Auction Conduct: Bidder is responsible for accurately submitting Bids. Unless otherwise agreed to in writing by the parties, Bidder has no recourse or claim for any transaction that occurs, or does not occur, based on Bids made in error or the failure to meet selling criteria. 
  7. Bid Currency and Method: All Bids on the Auction Platform shall be made in US Dollars, on a cost per thousand (CPM) basis.
  8. Completed Transaction: The Bidder is obligated to pay the Winning Bid Price once the Advertising is displayed on the Target Site, as measured and determined by ONE by AOL: Mobile. All completed transactions are final and all fees due for any completed transactions are not subject to dispute.
  9. Payment: Unless otherwise indicated in the Real Time Exchange Buyer Agreement, payment shall be made in US Dollars via check or wire transfer. Wire transfer information will be provided upon request. 

Effective 09-30-14

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