Digital Media Terms

The following additional terms apply to the use of the above-referenced Services. These terms are an integral part of the Agreement. To the extent of a conflict between the terms below and the terms of the MSSA, the terms below will prevail.

I. Single Media Agency (SMA)

1. General. Single Media Agency is an Amadeus digital advertising offering that includes a combination of media channels for Pay Per Click and Display Advertising, (the “SMA Media Channels”). Customer understands and agrees, that Amadeus may move, increase, or decrease the media spend to and from any SMA Media Channel at its sole discretion without prior notice and without liability of any kind.

2. Pay Per Click. Pay Per Click includes the bidding on keywords and other “cost per click” bidding methods on SMA Media Channels. Amadeus will not link the Pay Per Click services to Customer’s analytics platform regardless of whether Customer has subscribed to Pay Per Click services separately or as part of a bundle.

3. Display – Advertising. Customer hereby authorizes Amadeus to use and access Customer’s systems (including but not limited to its website) and data (including personal data), to: (a) assign a unique identifier to website visitor, (b) track website visitors as they navigate away from the Customer’s website through the use of certain code, “cookie,” web beacon or other tracking technology (collectively, “Tracking Technology”); and (c) use data collected via the Tracking Technology to perform remarketing services or other similar services. Customer further acknowledges and understands that: (i) Amadeus is not liable for any use of cookies by any party directly or indirectly through the Services, and (ii) Customer is solely responsible for ensuring that any use of cookies through or by means of the Services complies with relevant laws, rules, regulations, or industry standards, including, without limitation, Data Protection Legislation. For more information on cookies please see the Guidance on Cookies at this URL under the Data Privacy title: https://www.travelclick.com/legal/terms-and-conditions/. If within Display – Advertising Customer chooses and instructs Amadeus to advertise on video partners, such as YouTube and Google (“Video Advertising Channel(s)”), Customer acknowledges and understands that all data from Customers use of the ads on the Advertising Channel may be used by a Video Advertising Channel to provide or enable the provision of the services of Video Advertising Channel or its affiliates in a manner that does not identify Customer’s company or its properties, clients or end users as the source of such data, and that Amadeus assumes no liability of any kind, or under any theory of liability, related to such use. Learn more here. Customer hereby instructs Amadeus to enable the respective data usage for the Video Advertising Channel as described herein.

4. Digital Media Advertising Audiences (DMAA). DMAA is an advanced feature option available to Digital Media Customers. To enable DMAA Customer is required to provide certain information from its guest profiles (“CRM Data”). Customer must instruct Amadeus in writing (email included) to which third-party audience building tools (e.g., Google, Meta etc.) to upload such CRM Data. The selected third-party platform will use such CRM Data to display tar-geted advertising to potential hotel guests. Customer is solely responsible for ensuring that it is permitted to share CRM Data with Amadeus and the third-party platform for this purpose, and for maintaining evidence that such use is in accordance with Data Protection Legislation. Customer shall be solely responsible for complying with all applicable Data Protection Legisla-tion (and for ensuring the compliance of its personnel and subcontractors thereof) related to its provision of CRM Data for DMAA. As a condition to providing DMAA-related services, Amadeus may require Customer to provide evidence of such compliance.

5. Additional Terms. Additional terms apply to the provision of services related to SMA Media Channels including:

(i) Customer must execute an addendum to the Agreement for any material change to any SMA Media Channel, including but not limited to a change that increases the total campaign value.

(ii) Customer acknowledges that SMA Media Channels include media campaigns on Amadeus’s media partner platforms. In this context, media partners may restate the number of clicks attributable to a particular media campaign on their platform, which may lead to media partner detecting fraudulent or incorrectly characterized clicks. As a result there might be discrepancies between the media reports and the invoices depicting the actual media spend. Given that such discrepancies are beyond Amadeus’ control, Amadeus assumes no liability related to such reporting discrepancies.

6. SMA in a multi-service contract. Customer understands and agrees that if Customer purchases SMA as part of a multi-service contract, Customer will receive a separate invoice for the SMA services, which will be paid to Amadeus. The SMA terms above apply to SMA in the multi-service contract as well.

II. Single Media Subscription (SMS)

General. Single Media Subscription is an Amadeus digital advertising service that is priced as a flat monthly subscription fee to enable Customer to receive multi-channel campaigns with predictable billing. A change in the length of the Term may require a duly executed and fully signed amendment by the Parties. Customer has 3 business days to respond to any Amadeus campaign related request. If Amadeus does not receive a response from Customer within the required timeframe, the campaign-related request may be deemed accepted as initially proposed by Amadeus.

III. Rights to Customer Assets. Customer represents and warrants that it has secured all necessary Intellectual Property Rights (as defined in the MSSA), permissions, privacy rights, contractual rights, and licenses to all Assets (defined below) provided or required to be provided to Amadeus in connection with this Agreement and for the performances of the Ser-vices in any means, medium and/or platform now known or hereafter invented (the “Rights”). “Assets” means any photos, images, video clips, videos, music, logos, titles, slogans, or any other content provided by Customer or its affiliates, agents, employees, or contractors to Amadeus. Customer shall be solely responsible and liable for obtaining, maintaining, and keeping such Rights in full force and effect as well as any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Assets, claims of infringement of the Assets of the contractual, privacy or other rights of any third party or that use of those Assets infringe upon the Intellectual Property Rights or other rights of any third party. Please refer to the applicable third-party services terms and conditions here.

IV. Advertising Accounts.
Customer hereby authorizes Amadeus to create, configure, manage, and otherwise control advertising accounts on third-party platforms (e.g., Google, Meta) (each an “Advertiser Account” and, collectively, “Advertiser Accounts”), for the purpose of providing services under this Agreement. All Intellectual Property Rights associated with the services provided hereunder are deemed Amadeus Materials, including Advertiser Accounts, advertising campaign strategy, proprietary information, methodologies, configurations. Customer agrees that it: (a) has no rights in the Amadeus Materials, (b) will not directly or indirectly, contest Amadeus’ rights, and (c) will cooperate with Amadeus (at Amadeus’ expense) to protect Amadeus’ rights in and to such Amadeus Materials including, without limitation, by executing documentation provided by Amadeus confirming such rights. In certain cases, Amadeus may grant Customer access to the Advertiser Accounts. Such access: (i) will be granted at Amadeus’s sole discretion, on a case-by-case basis, and following its written approval, (ii) will be subject to additional terms and conditions which may include, without limitation, additional fees, advertising platform limitations, and access limitations, and (iii) may be revoked by Amadeus, following written notice to Customer.

V. Third-Party Advertising Terms and Technologies in Digital Media

1. Third-Party Advertising Terms. Amadeus Digital Media offering may include advertisements on third-party online advertising platforms (e.g., Google, Meta, TikTok etc.) as chosen by the Customer. Services provided by Travel Audience GmbH is deemed a third-party service. The advertising services provided by online advertising platforms are subject to additional terms and conditions (including but not limited to advertising, commercial, or supplemental terms) (“Third-Party Ad Terms”). The Third-Party Ad Terms are binding on Customer. Customer authorizes Amadeus to agree to Third-Party Ad Terms on its behalf and take necessary actions with the third-party to perform the advertising services pursuant to the Agreement.

2. Third-Party Ad Technology. Customer understands and acknowledges that third-party online advertising platforms may require Customer to place Third-Party Ad Technology (as defined below) on its website and booking engine. Customer understands, acknowledges, and agrees that:

(a) Amadeus provides to Customer only the technical specifications of the Third-Party Ad Technology as chosen by Customer;

(b) Customer is solely responsibility for implementing Third-Party Ad Technology into its website and booking engine;

(c) Amadeus may not be able to render its Digital Media services without Customers implementation of such Third-Party Ad Technology and therefore Amadeus assumes no liability of any kind from a resulting inability to render the Digital Media services;

(d) Third-Party Ad Terms apply (as set forth above) to the use of any Third-Party Ad Technology (and Customer shall be solely responsible for reviewing and complying with such terms);

(e) Amadeus does not assume any liability of any kind, directly or indirectly, in connection with: (i) any implementation or use of Third-Party Ad Technologies on Customers website(s) or booking engine, by Customer or any third parties, and (ii) the processing of any data by any non-Amadeus party or the compliance of such parties with any Data Protection Legislation, including any acts or omissions by such persons; and

(f) Customer acknowledges and understands that Amadeus has no control over the Third-Party Ad Technology and does not control the content generated by such Third-Party Ad Technology.

“Third-Party Ad Technology” means Tags, pixels, or other similar technology used to track certain users on relevant websites provided by third parties (including but not limited to Google Inc. or Meta) as ordered by the Customer for its Amadeus Media Advertising services and used in connection with Customer’s campaign. “Tag(s)” mean a snipped of code placed within the HTML code of a website.

3. Warranties and Indemnification. Customer represents, warrants, and covenants that it will comply with (a) the applicable Third-Party Ad Terms, and (b) all applicable Data Protection Legislation. In addition to Section 8 (Indemnification) of the Agreement, Customer will indemnify, defend and hold Amadeus, its affiliates, its directors, and any third-party providers harmless from and against any and claims, costs, and damages arising from any third party claims: (i) in connection with a breach by Customer of the Agreement, (ii) pursuant to the use of Third-Party Ad Technology by or on behalf of Customer, or (iii) based on Customer’s breach of any Third-Party Ad Terms.

4. Personal Data. Amadeus data protection agreement applies to any processing of personal data as part of the performance of the Digital Media services.