Amazon Ads IO Terms and Conditions

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Posted: June 28, 2024

Advertiser’s or Agency’s (as applicable) mutually agreed media plan or insertion order (collectively, the “IO”) with Amazon Advertising Canada, Inc. (“Amazon”) is governed by the AAAA/IAB Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less version 3.0 available at www.iab.com (the “IAB Terms”), with Ontario as governing law and venue, as modified by the following provisions:

  1. The following is added as clause (3) at the end of Section X(a): “, or (3) that such materials are provided to Agency or Advertiser for review and the Agency or Advertiser knew or should have reasonably known from the audio/visual expression of the Ad, while Media Company did not know or should not have reasonably known, that such material violated any law, regulation or other judicial or administrative action, violate the right of a Third Party or are defamatory or obscene.”
  2. The following is added between “state” and “, and local laws” in Section XII(g): “, provincial”.
  3. The following is added after “U.S. mail” in the first sentence of Section XIV(e): “or Canada Post”.

Capitalized terms not defined herein will have the meaning as set forth in the IAB Terms. In addition, the following terms will apply and, in any case of conflict with the IAB Terms, will control:

  1. Certain Media Company products have additional terms that apply to them (as set forth on https://advertising.amazon.com/legal/product-terms, the “Product Terms”) which shall apply to the IO only to the extent those products are included in the IO or utilized in execution of the applicable Ad campaign, including any changes made by written agreement (email is sufficient). All other Product Terms that pertain to products that are not included in the IO or utilized in execution of the applicable Ad campaign will not apply.
  2. Amazon’s Ad Specs and Policies can be found at https://advertising.amazon.com/en-ca/resources/ad-specs?ref_=a20m_us_fnav_spcs
  3. All notices to Amazon must be delivered, in accordance with the IAB Terms, to: Amazon Advertising Canada, Inc. Attn: Director, Customer Success, 410 Terry Avenue North, Seattle, WA 98109-5210 or Fax: (206) 266-7000; in each case with a copy to contracts-legal@amazon.com; Attn: General Counsel. All notices to Advertiser/Agency will be sent to the most current address for notices or billing (as applicable) that Amazon has associated with such account (as may be updated by Advertiser/Agency in written notice to Amazon from time to time).
  4. Payments must be sent to: Amazon Advertising Canada, Inc., Attn: Accounts Receivable; C/O TH0030, P.O. Box 4269, Postal Station A, Toronto, ON M5W 5V2.
  5. Taxes. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under the IO. All fees payable by Advertiser are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipts taxes. All payments made by Advertiser to Amazon under the IO will be made free and clear of any withholding or deduction for taxes. If any such taxes (for example, international withholding taxes) are required to be withheld on any payment, Advertiser will pay such additional amounts as are necessary so that the net amount received by Amazon is equal to the amount then due and payable under the IO.
  6. It is the express wish of the parties that the IO and the applicable Terms & Conditions have been drafted in English. (The following is a French translation of the preceding sentence: Les parties conviennent que la ordre d'insertion et tous les Termes et Conditions applicables s'y rattachant soient rédigés en anglais .)

Posted: April 1, 2019

Advertiser’s or Agency’s (as applicable) mutually agreed media plan or insertion order (collectively, the “IO”) with Amazon Advertising LLC (“Amazon”) is governed by the AAAA/IAB Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less version 3.0 available at www.iab.com (the “IAB Terms”), with Washington as governing law and venue. Capitalized terms not defined herein will have the meaning as set forth in the IAB Terms. In addition, the following terms will apply and, in any case of conflict with the IAB Terms, will control:

  1. Certain Media Company products have additional terms that apply to them (as set forth on https://advertising.amazon.com/legal/product-terms, the “Product Terms”) which shall apply to this IO only to the extent those products are included in the IO or utilized in execution of the applicable Ad campaign, including any changes made by written agreement (email is sufficient). All other Product Terms that pertain to products that are not included in the IO or utilized in execution of the applicable Ad campaign will not apply.
  2. Amazon’s Ad Specs and Policies can be found at http://advertising.amazon.com.
  3. All notices to Amazon must be delivered, in accordance with the IAB Terms, to: Amazon.com, Inc., Attn: Director, Customer Success, P.O. Box 81126, Seattle WA 98108-1226 or Fax: (206) 266-7000; in each case with a copy to contracts-legal@amazon.com; Attn: General Counsel. All notices to Advertiser/Agency will be sent to the most current address for notices or billing (as applicable) that Amazon has associated with such account (as may be updated by Advertiser/Agency in written notice to Amazon from time to time).
  4. Payments must be sent to: Amazon Advertising LLC, Attn: Accounts Receivable; PO Box 24651, Seattle, WA 98124-0651.
  5. Taxes. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this IO. All fees payable by Advertiser are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipts taxes. All payments made by Advertiser to Amazon under this IO will be made free and clear of any withholding or deduction for taxes. If any such taxes (for example, international withholding taxes) are required to be withheld on any payment, Advertiser will pay such additional amounts as are necessary so that the net amount received by Amazon is equal to the amount then due and payable under this IO.