SERVICES SCHEDULE
This MarketOps Services Schedule (“Schedule”), effective as of the last date of execution (“Schedule Effective Date”), is entered into between MarketOps, LLC., a Nevada LLC, with its principal place of business at 105 Reef Lane, Key Biscayne, FL 33149 (“MarketOps”) and _________________________, a ____________ company, with a principal place of business at ________________________________ (“Company”), and shall be subject to the MarketOps Terms of Service Agreement located at https://MarketOps.com/MarketOps-terms-of-service/ (“Agreement”). Capitalized terms not defined herein shall have the meaning given to them in the Agreement.
- TERM. The initial term of this Schedule shall begin on the Schedule Effective and end on ______, 2023, and thereafter, shall automatically renew for successive renewal terms of one year each (collectively, the “Term”), unless either party provides written notice of non-renewal at least thirty days prior to the end of the current Term. Upon any renewal of the Term, MarketOps may increase the fees over the then-current fees by providing written notice to Company prior to such renewal of the Term.
-
SERVICES. Beginning ______, 2022, MarketOps shall provide the following Services pursuant to this Schedule, exclusively for use in connection with data subjects located in the United States. The Services are accessible through MarketOps’s proprietary customer dashboard (“MarketiQ”).
- 2.1 Data Distribution & Impression Logging Services, as described in 3.1.
- 2.2 Data Mapping Services, as described in 3.2.
- 2.3 Onboarded and/or Audience Data to Household ID & Keyword Matched as described in 3.3
- 2.4 Activate Keyword Monitoring, as described in 3.4
- 2.5 Activate Location Monitoring, as described in 3.5
- 2.6 Media Fulfillment, as described in 3.6
- 2.7 Credit Range Scores, as described in 3.7
- FEES.
- 3.1 Data Distribution & Impression Logging Fees.
-
3.1.1 If applicable Company shall pay MarketOps a Data Distribution & Impression Logging fee as defined in the immediately following pricing table, to be invoiced monthly in advance with overages invoiced within 5 calendar days of the previous months close as incurred and paid within 10 business days of said “overages invoice”. At any time during the Term, Company may elect to move to a higher fixed pricing tier, as set forth in the table immediately below, by providing MarketOps written or email notice. The election shall take effect starting with the first day of the calendar month following receipt of notice, at which time the new monthly fee, volume limitations and overage fee will apply. The new pricing tier applies for the duration of the Term unless a higher pricing tier is elected. Unused Events do not roll over month to month.
-
3.1.2 An “Event” means each row in a pre-processed file, where each: (a) online Event are; eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or Any 3rd Party or related MarketOps Universal identifier(s) are counted as one Event and distributed to the platform and defined platform subaccount. Impressions logged will be counted as one Event and will be reported back to the source platform and sub account when applicable. Unused Events expire at the end of the then current Subscription Term and do not roll over to any renewal Subscription Term.
-
| Pricing Tier |
Fee |
Volume limitations |
Overage Fees |
| Initial Tier |
$25,000 per month, subject the volume limitation |
100,000,000 Events per month |
$0.10 per thousand Events over the monthly limit |
| Tier 2 |
$50,000 per month, subject the volume limitation |
500,000,000 Events per month |
$0.08 per thousand Events over the monthly limit |
| Tier 3 |
$75,000 per month, subject the volume limitation |
1,000,000,000 Events per month |
$0.05 per thousand Events over the monthly limit |
- 3.2 Data Mapping Fees.
-
3.2.1 There are 11 Pre-Mapped Data Destinations included. Company shall pay MarketOps a one time fee of $2,500 for each additional Data Distribution point.
-
| Data Distribution Points |
Identifier Description |
Cadence |
| Google |
Hashed eMail, MAID |
Daily |
| Google YouTube |
Hashed eMail, MAID |
Daily |
| Google ADX |
Hashed eMail, MAID |
Daily |
| Facebook |
Hashed eMail, MAID |
Daily |
| Instagram |
Hashed eMail, MAID |
Daily |
| TradeDesk |
UID2.0, TapAd, Hashed eMail, MAID |
Daily |
| Oracle |
TapAd, Hashed eMail, MAID |
Daily |
| LiveRamp |
Hashed eMail, MAID, Cookies |
Daily |
| MediaMath |
TapAd, Hashed eMail, MAID, Cookies |
Daily |
| Microsoft/Xandr |
Hashed eMail, MAID, Cookies, TapAd |
Daily |
| Neustar |
Hashed eMail, MAID |
Daily |
- 3.3 Onboarded and/or Audience Data To Household ID Expansion & Keyword Matched.
-
3.3.1 If applicable Company shall pay MarketOps a Onboarded and/or Audience Data To Household ID Expansion & Keyword Matched fee as defined in the immediately following pricing table, to be invoiced monthly in advance. At any time during the Term, Company may elect to move to a higher fixed pricing tier, as set forth in the table below, by providing MarketOps written or email notice. The election shall take effect starting with the first day of the calendar month following receipt of notice, at which time the new monthly fee, volume limitations and overage fee (if applicable) will apply. The new pricing tier applies for the duration of the Term unless a higher pricing tier is elected. Unused Records towards the maximum count or Queries do not roll over month to month.
-
3.3.2 A “Record” means each row in a pre-processed file, where: (a) PII, eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or Any 3rd Party or related MarketOps Universal identifier(s) are counted as one Record, limited as defined in the table below. A “Query” means each row where a keyword is defined to be queried against (a) PII, eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or Any 3rd Party or related MarketOps Universal identifier(s) to establish the “keyword matched” online behavior and is limited as defined in the same table immediately below.
-
| Tier |
Query Limit |
Records Limit [Matched] |
Price |
| I |
100 |
1,000,000 Monthly: PII or eMail Hash to Household to Keywords |
$15,000 |
| II |
250 |
3,000,000 Monthly: PII or eMail Hash to Household to Keywords |
$25,000 |
| III |
500 |
6,000,000 Monthly: PII or eMail Hash to Household to Keywords |
$45,000 |
- 3.4 Activate Keyword Monitoring.
-
3.4.1 If applicable Company shall pay MarketOps an Activate Keyword Monitoring fee as defined in the immediately following pricing table, to be invoiced monthly in advance. At any time during the Term, Company may elect to move to a higher fixed pricing tier, as set forth in the table below, by providing MarketOps written or email notice. The election shall take effect starting with the first day of the calendar month following receipt of notice, at which time the new monthly fee, volume limitations and overage fee (if applicable) will apply. The new pricing tier applies for the duration of the Term unless a higher pricing tier is elected. Unused Records towards the maximum count or Queries do not roll over month to month. Company must be “subscribed” to any Tier of Onboarded and/or Audience Data To Household ID Expansion & Keyword Matched SERVICE in order to enable Activate Keyword Monitoring.
-
3.4.2 A “Record” means each row in a pre-processed file, where: (a) PII, eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or Any 3rd Party or related MarketOps Universal identifier(s) are counted as one Record, limited to the amounts as defined in each tier of the table below. A “Monitored Keyword” is defined to be a Keyword queried against and continuously monitored for the onboarded “Record”. The Monitored Keywords are limited as defined in the same table, immediately below.
-
| Records Monitored Limit |
Negative Keywords |
Total Monitored Keywords |
Price |
| 100,000 |
Unlimited |
20 |
$3,500 |
| 500,000 |
Unlmited |
50 |
$5,000 |
- 3.5 Activate Location Monitoring.
-
3.5.1 If applicable Company shall pay MarketOps an Activate Location Monitoring fee as defined in the immediately following pricing table, to be invoiced monthly in advance. At any time during the Term, Company may elect to move to a higher fixed pricing tier, as set forth in the table below, by providing MarketOps written or email notice. The election shall take effect starting with the first day of the calendar month following receipt of notice, at which time the new monthly fee, volume limitations and overage fee (if applicable) will apply. The new pricing tier applies for the duration of the Term unless a higher pricing tier is elected. Unused Records towards the maximum count or Queries do not roll over month to month. Company must be “subscribed” to any Tier of Onboarded and/or Audience Data To Household ID Expansion & Keyword Matched SERVICE in order to enable Activate Location Monitoring.
-
3.5.2 A “Record” means each row in a pre-processed file, where: (a) PII, eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or Any 3rd Party or related MarketOps Universal identifier(s) are counted as one Record, limited to the amounts as defined in each tier of the table below. “Monitored Locations” are defined as a radius of up to 1,000 feet from the center of the provided Addresses or Lat/Longs are monitored for Devices (derived or provided) from onboarded “Records”. The Monitored Locations are limited as defined in the same table, immediately below.
-
| Records Monitored Limit |
Radius Limited |
Monitored Locations |
Price |
| 100,000 |
Up to 1,000 Feet of POI Centroid |
20 |
$5,000 |
| 500,000 |
Up to 1,000 Feet of POI Centroid |
50 |
$15,000 |
- 3.6 Media Fulfillment.
-
3.6.1 If applicable Company shall pay MarketOps Media Fulfillment fee as defined in the immediately following pricing table, to be invoiced monthly in advance based on the actual amount pre-purchased email sends or direct mail pieces at the defined pricing below and a reasonable estimate of total impressions to be served. Overages will be invoiced within 5 calendar days of the previous months close as incurred and paid within 10 business days of said “overages invoice”. Company must be “subscribed” to any Tier of Onboarded and/or Audience Data To Household ID Expansion & Keyword Matched SERVICE in order to enable Media Fulfillment.
-
3.6.2 A “CPM” shall mean Cost Per Thousand:; “CTV” shall mean impressions cast in a Programmatic APP Based CTV environment; Display.
-
| Media Fulfillment |
Identifier Description |
CPM/Per Piece |
| Display |
Responsive Ad Units: Keyword 1-to-1 to Household |
$20/CPM |
| CTV |
15/30 Second Spots Household to Deal ID 1-to-1 |
$30/CPM |
| Anon eMail |
Dynamically Themed |
$0.16 Per Send |
| Anon Direct Mail |
6x9 I 1st Class Mail I NCOA’d I Proof of Send |
$1.25 Per Mail |
- 3.7 Credit Range Scores.
-
3.7.1 If Applicable Company shall pay MarketOps for Credit Range Scores fee as defined in the immediately following pricing table, to be invoiced monthly in advance based on the reasonable estimate of total impressions to be served. Overages will be invoiced within 5 calendar days of the previous months close, as incurred and paid within 10 business days of said “overages invoice”. Company must be “subscribed” to any Tier of Onboarded and/or Audience Data To Household ID Expansion & Keyword Matched SERVICE in order to enable Credit Range Scores.
-
3.7.2 A “CPM” shall mean Cost Per Thousand:; “Credit Range Scores” impressions shall mean impressions cast against profiles with an assigned range score appended by MarketOps to the passed Company identifiers.
-
| Score |
Description |
CPM $50 |
| 1 |
High Profitability, High Likelihood to Perform |
790-840 |
| 2 |
High Profitability, High Likelihood to Perform |
766-789 |
| 3 |
High Profitability, High Likelihood to Perform |
741-765 |
| 4 |
Good Profitability, Medium Likelihood to Perform |
716-740 |
| 5 |
Good Profitability, Medium Likelihood to Perform |
691-715 |
| 6 |
Fair Profitability, Medium Likelihood to Perform |
665-690 |
| 7 |
Fair Profitability, Medium Likelihood to Perform |
640-664 |
| 8 |
Poor Profitability, Unlikely to Perform |
590-639 |
| 9 |
Poor Profitability, Unlikely to Perform |
540-589 |
| 10 |
Poor Profitability, Unlikely to Perform |
490-539 |
| 11 |
Low Profitability, Unlikely to Perform |
440-489 |
| 12 |
Low Profitability, Unlikely to Perform |
390-439 |
| 13 |
Low Profitability, Unlikely to Perform |
340-389 |
-
3.8 Invoicing. Company will be invoiced in advance monthly for any platform fees, estimated media, CPM appends and fixed fees. Incremental and Overage fees will be invoiced within 3 business days after the previous month’s close, if and as incurred.
- LICENSES.
-
4.1 Company Data License. Company grants MarketOps a Term-limited, worldwide, non-exclusive, non-sublicensable, non-transferable license to receive, store, copy, modify and use Company Data solely in connection with performance of the Services and solely in the manner approved by Company as set forth in this Schedule. MarketOps shall delete all Company Data then in MarketOps’s possession within 30 days of termination of the Schedule.
-
4.2 Services License. MarketOps grants Company the right to access, use Services and Service components during the Term, subject to any additional restrictions established in the applicable Exhibit(s). Other than the rights expressly licensed to Company under this Schedule, no right, title or interest in the Services or Service components are given to Company. If the Company receives and 3rd party or appended data from MarketOps [IE; eMail hashes, MAIDs, IDFA, CTV
-
DESTINATION AGREEMENTS. Company shall not use any Service to distribute Company Data to any third-party destination unless Company has a direct written agreement with the intended destination governing the receipt and handling of Company Data. MarketOps shall have no liability to Company for any such destination’s use of Company Data. For any Service that requires distribution of Company Data to Facebook/Meta, the destination agreement between Company and Facebook/Meta shall include all terms and conditions required by Facebook/Meta for use of its advertising services, including Facebook’s/Meta’s Advertising Guidelines and Custom Audience Terms (currently accessible at https://www.facebook.com/policies/ads/ and https://www.facebook.com/legal/terms/customaudience) as periodically updated by Facebook/Meta.
-
COMPANY AS END USER. Company may use the Services solely for the purpose of supporting the marketing, measurement and analytics efforts of its advertising clients (each an “Advertiser”) on a Company digital property and shall not use these MarketOps Services to provide: (a) a services or product to any third party other than Advertisers; or (b) a competing service or product to any third party, including Advertiser. For purposes of this Schedule, Company Data, as defined in the agreement shall also include Advertiser data provided or made available to MarketOps pursuant to this Schedule.
-
NO RESALE. Company may not sublicense, resell, or share the Mapping Files or eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or related MarketOps provided identifiers or any derivatives with any third party, including, but not limited to, syncing eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or related MarketOps provided identifiers or any derivatives with third party IDs, tracking activity occurring on third party platforms, or exporting files containing eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or related MarketOps provided identifiers or any derivatives for use by a third party.
-
ANONYMOUS ENVIRONMENT AND NO RE-IDENTIFICATION. Company shall not use the Services to attempt to: (a) re-identify pseudonymized, anonymous or de-identified personal information or data, such as the eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or related MarketOps provided identifiers or any derivatives; or (b) associate any online behavior with identifiable personal information or data. Company shall implement controls, including access restrictions, to minimize risk of employees or contractors accidentally or intentionally violating (a) or (b) above. Company shall notify MarketOps and take any steps necessary to cease such activity immediately upon learning that it has engaged in any activity restricted under this Section. Company will be solely responsible for privacy regulation violations arising from Company’s misuse of the Services.
-
OPT OUTS. Upon receipt of any opt-out flag from MarketOps related to a data subject, Company must disassociate any online behavior tracked on that device from any individual-level profile maintained by Company using eMail hashes, MAIDs, IDFA, CTV Hashes, Cookies or related MarketOps provided identifiers or any derivatives or
-
SUSPENSION RIGHTS. MarketOps shall have the right to suspend the Services provide pursuant to this Schedule:
-
10.1 if MarketOps reasonably believes that Company’s use of the Services violates MarketOps’s privacy standards and practices. MarketOps will endeavor to provide a 10-day notice. However, suspension may occur contemporaneously with such notice if violation jeopardizes MarketOps’s ability to provide Services to its other customers or exposes MarketOps to potential fines or civil liability. The notice shall include a description of the violation and the steps required to remediate.
-
10.2 upon 5-day notice, if the Company has any overdue invoices and fails to make payment within the notice period. If the Services are suspended, the remaining balance of the current Subscription Fees shall also become immediately due and payable, and MarketOps may continue to suspend performance of Services until such amounts are paid.
-
AUDIT. MarketOps shall have the right, upon at least 10 business days’ notice, and at its own expense, to audit Company’s compliance with the terms of use governing the Services.
