General terms and conditions for Yandex.Market Services

This document is a translation of General terms and conditions for Yandex.Market Services in English. In case of conflict between the Russian version of General terms and conditions for Yandex.Market Services and this translation - only the Russian version of General terms and conditions for Yandex.Market Services is legally binding. The Russian version of General terms and conditions for Yandex.Market Services can be found here: https://yandex.ru/legal/market_general/?lang=ru.

This document is valid, if placed at https://yandex.kz/legal/market_general.

Date of placement: 06 June 2016

Effective Date: 06 June 2016

The acceptance and observance of requirements and provisions set forth in “General terms and conditions for Yandex.Market” (the “Terms”) is obligatory condition for the provision “Yandex.Market” Services by Yandex in case of selecting by the Customer of such placing option as “active sales”. These Terms form an integral part of the Offer of Yandex.Market Services placed online at https://yandex.kz/legal/oferta_market (the Offer).

Terms and Definitions

CTR (Click-Through Rate) - the ratio of the number of Clicks to number of Impressions.

Rate / Price per Click (rate) - cost per Сlick, established by the Customer and / or by Yandex.

Search results - all pages of information resources (websites) displayed to users on the Internet or in application programs (including programs for mobile devices) containing (displaying) a list (-s) of selected by the search engine links to documents and/or network resources at Internet and/or the Materials that meet the user's search query.

Product card - a page of Yandex.Market Service that contains a description (specifications) of goods (services).

Micro product card – a banner with the image, name of product, specified range of prices for the given product, other information about the product, including a link sending the User to the Product card. Micro product card can be displayed on the pages of Yandex.Market Search Service, in the block of ads above the results of Yandex Search Service and other pages of Yandex resources.

Store offers card - a page of Yandex.Market Service, containing product offers of the Customer in the form of a banner, which can include an image and other information (name of product, name of the Customer's store), a Link sending the user to the informational resource (site) in the Internet (the Customer's site/store) with the address (URL) specified by the Customer (the Link may be absent, when a local trade offer (banner) is displayed for the User from a different Region. The pages with store offers card may also contained certain elements (demagnified images) of other materials including the materials displayed by other customers.

The local Product offering - Product offering of the advertiser whose location is the same as the Region of the user.

User's region - the alleged geographic region of user location specified by Yandex in automatic mode or region of the location set by the user on the Yandex site.

Regional Product offering - the advertiser's product offering, for which he specifies geographic regions (countries, cities, districts) of delivery other than its location.

The Materials - a total of Product Offerings provided by the Customer (Online and Offline Product Offerings), informational and reference materials, containing information about the range, prices, characteristics, availability for sale of products (works, services) offered in the Customer’s .store to potential buyers in the current period, information about the location of the Customer’s stationary retail outlets, images, descriptions and other information about Product Offerings and the store.

Product offering “Online” - offer of a product/work/service, order / purchase of which the user can perform on the website of Customer's store.

Product offering “Offline” - offer of a product/work/service that user can purchase at Customer's stationary retail outlet.

1. Locations

Materials, provided by the Customer, can be shown on the Locations specified in this section of the Terms.

1.1. Locations - at search results

• at services Yandex.Pictures, Yandex.Blogs - up to 5 Product offerings

• at the participating sites of Yandex Advertising Network - up to 5 Product offerings.

1.2. Locations - card of product on Yandex.Market Service:

1.2.1. Block “Store Offers” (but for the categories with special conditions of location*) – up to 6 “Online” Product offers in the “Descriptions”, "Features", "Opinions", "Reviews", "Discussions" sections of the Product card on the Yandex.Market Service. The name of the “Store Offers” block may not be displayed.

1.2.2. Block “Store Offers” in the categories with special conditions of location* – all “Online” Product offers. The name of the “Store Offers” block may not be displayed.

* Categories with special conditions of location are listed in the document titled ‘Requirements to the Data Transmission Format and Method’ published at https://partner.market.yandex.ru/legal/tt_en.

1.2.3.Block “Stores on the map” - up to 5 Product offerings “Offline” with reference to the point of location on a map at the corresponding address of location of the Customer's stationary retail outlet.

1.3. Locations:

1.3.1. Pages “Prices” on Yandex.Market Service - all Product offerings “Online”.

1.3.2 “Product offering by default” block (in some cases, it may contain the mark “Make a Market Order” or “Special offer”) – 1 The Product offering):

• within the Product card on the Yandex.Market Service - on the left side of the page below the price on the Product card;

• in the "Features", "Prices", "Opinions", "Reviews", "Discussions", on the page “Average price” sections of the Product card on the Yandex.Market Service - on the right side of the page; on special page with the image of the product on the left side of the page.

Display of “Product offering by default” block is not guaranteed and shall be performed at the discretion of Yandex.

1.4. Locations:

• the search results pages on Yandex.Market Service - all Product offerings “Online”.

1.5. Locations:

• pages of Yandex.Market Service not listed in paragraphs 1.1.-1.4. - all Product offerings.

1.6. Locations:

1.6.1. “card merchandise insert” block on Yandex.Search Service pages – up to 5 product offerings.

1.6.2. “search merchandise insert” block on Yandex.Search Service pages – up to 4 product offerings (when such block is displayed to the right of the search results of Yandex.Search Service pages – up to 9 product offerings).

The “card merchandise insert” and “search merchandise insert” blocks are displayed at Yandex’s discretion and, therefore, is not guaranteed to be available.

1.7. Locations:

• ad block above the search results pages on the Yandex.Search Service - up to 3 Product offerings.

1.8. Locations:

• pages of “Stores nearby” of Yandex.Market Service - all Product offerings with reference to the point of location on a map at the corresponding address of location of the stationary retail outlets selling the advertised product/service and/or the point of customer pick up of the advertised goods.

1.9. Locations:

• Store offer card — one product offer “On-line” (banner) of the Customer.

1.10. Product Offerings that may be displayed at the Locations listed in Clauses 1.2, 1.3, 1.4, 1.5, 1.8 may be also displayed on sites and/or in programs of Yandex and/or third parties using “Yandex.Market Content API” (https://yandex.kz/legal/market_api_content), subject to the terms (including prices) of displaying the Materials provided for in this document for corresponding Locations listed in Clauses 1.2, 1.3, 1.4, 1.5, 1.8. The number and the selection (without changes of the sorting methods provided by the service «Yandex.Market Content API») of Product Offerings displayed on pages of sites using “Yandex.Market Content API” (https://yandex.kz/legal/market_api_content) may differ from that specified in Clauses 1.2, 1.3, 1.4, 1.5, 1.8.

1.11. Certain elements of the Materials (images, product descriptions, prices and ranges of prices), offered by the Customer, may be displayed in Product micro card, Store offer card and Product card.

1.12. Locations:

  • Pages «Selection and/or reviews of products» of Yandex.Market Service - up to 50 Product offerings.

1.13. Locations:

  • Picture Preview page (image preview window) on Yandex.Picture Service.

2. Terms of displaying the Materials

2.1. Displaying of Product offerings on the Locations specified in paragraphs 1.1, 1.4, 1.6, 1.7, 1.8, shall be subject to availability of the appropriate user's search query words/phrases ( the “Key word”) used in the name of the Product offering or in the name of the category of goods (services) of “Yandex.Market” Database to which this Product offering belongs. At the Locations indicated in paragraphs 1.1, 1.6, 1.7, only local and regional Product offerings shall be displayed.

2.1.1. Displaying of Product offerings in accordance with paragraph 2.1 of the General Terms and Conditions may also be effected where the word/phrase, specified in the paragraph 2.1, is substituted by its synonym, colloquial equivalent, equivalent in foreign language (including reproduced by means of transliteration), other interpretation of this word/phrase given by Yandex).

2.2. Selection of Product offerings for displaying at the Locations specified in paragraph 1.1. is carried out in descending order of the multiplication of CTR and Rate per Click. Selected Product offerings are placed in descending order of Rate per Click.

2.3. Selection of Product offerings for displaying at the Locations specified in paragraphs 1.2.2, 1.2.3, 1.12 and determination of the ordinal position is carried out in descending order of Rate per Click. Selection of Product offerings for displaying at the Locations specified in paragraph 1.6.2. and determination of the ordinal position is carried out in descending order of Rate per Click taking into account the relevant criteria of Product offerings.

For purposes of this clause the term relevant criteria refers to the best compliance of the searched Product offerings to the interests of seeking users that shall be determined based on a number of technical parameters.

2.3.1. Displaying of Product offerings at the Locations, specified in paragraph 1.6.2., is carried out as follows: selected Product offerings are displayed from the left to the right in descending order of Rate per Click taking into account the relevant criteria of Product offerings. Displaying of Product offerings at the Locations specified in paragraph 1.6.2. is carried upon a condition that such Product offering contains an image of the product.

2.4. Selection of Product offerings for displaying at the Locations specified in paragraphs 1.2.1, 1.3.1 and 1.12 and determination of the ordinal position is carried out in the following order and according to the rules set in paragraph 2.4.3:

2.4.1. The Product offerings with the best CPM ratio influenced by CTR, Rate per Click and, for the stores participating in the "Market Ordering" program, CR (conversion rate) are to be selected first.

For the purpose of these General Terms and Conditions, CR (conversion rate) shall mean a ratio of the number of orders of the Product offering (advertised product) made through Yandex.Market Service and assigned the “DELIVERY” status to the number of displays of such Product offering at the Locations specified in p. 1.2.1, 1.3.1.,1.6.1., 1.12. The CR ratio is calculated only for the Product offerings available for ordering by Users under the “Market Ordering” option);

2.4.2. The Product offerings selected as described in p. 2.4.1 shall be placed at the Locations specified in p. 1.2.1 and 1.6.1. and 1.12 in the descending order of the Rate per Click and at the Locations specified in p. 1.3.1 in the following manner:

2.4.2.1. first six Product offerings - in the order described in p. 2.4.2 (subject to the filtering mode selected by a user for the display of search results);

2.4.2.2. other Product offerings - in the descending order of the CPM ratio (subject to the filtering mode selected by a user for the display of search results).

2.4.3. Location specified in paragraph 1.2.1 has a barrier for entry. Product offerings, selected to be displayed on this Location according to the section 2.4, are displayed as follows:

2.4.3.1 only those Product offerings, selected according to paragraph 2.4.1, the Rate per Click of which exceeds the barrier for entry are displayed on this Location.

2.4.3.2 the above mentioned Product offerings, passed the barrier for entry, are displayed in the order set in paragraph 2.4.2.

2.4.3.3 In case neither of Product offerings meets the requirements of the barrier for entry, only the Product offering, selected according to the paragraph 2.4.1, and having the highest Rate per Click, will be displayed on the Location, specified in paragraph 1.3.1. All other Product offerings, selected according to the paragraph 2.4.1 and failing to meet the requirement of the barrier for entry, are displayed on this Location according to the rules set in paragraph 2.4.2 above.

2.5. In the case where Product offerings that appear on the Locations specified in p. 1.3.1 are shown according to user-selected sorting mode (sort by: availability and price, rating and price, price, etc.), the selection rule of Product offerings specified in p. 2.4.2 does not apply.

2.5.1. However, the Product offerings to be displayed at the Locations specified in paragraph 1.3.2 shall be selected in accordance with the following terms:

  • the Product offering with the best multiplication of CTR and Rate per Click shall be selected for display;

  • the Customer's Store shall have at least a four-star rating on Yandex.Market Service;

  • the Product offerings shall be displayed according to the filtering mode selected by the User for search result display.

The Product offering display on the Location specified in paragraph 1.3.2 is not guaranteed and shall be performed at Yandex discretion.

For the purposes of paragraph 2.5.1 when calculating the CTR anticipated CTR value shall be used.

2.6. Selection of Product offerings for displaying at the Locations specified in paragraph 1.4, shall be based on rules specified in section 2.1, as well as filtering mode, selected by the user to display search results, or determined automatically relying on the user’s search request.

2.6.1. The ranking of impression of Product offerings on the Locations specified in paragraph 1.4. is carried out in descending order of the multiplication of CTR and Rate per Click.

In addition, for the first four pages of search results (with the exception of search results in the “Stores on the map” of Yandex.Market Service), the following rules shall additionally apply: on limitation of the number of Product offerings of a single store - at a rate of no more than 5 Product offerings; CTR of Product offering for the Key word higher than 0.5%. Once 5 Product offerings of each store located according to the corresponding request are displayed (provided that a specified amount of Product offerings is less than the amount of Product offerings placed on the first four pages of search results), the ranking of impression of Product offerings is determined in accordance with the rule set forth in the first subparagraph of this paragraph. In case where Product offerings that appear on the Locations specified in 1.4 are shown according to user-selected sorting criteria (by the price, popularity, originality, etc.), the above rule for determining the ordinal position of Impression of Product offerings does not apply.

2.7. The ranking of Impression of Product offerings on the Locations specified in Section 1.5. shall be determined in accordance with relevance criteria established by Yandex.

In case where Product offerings that appear on the Locations specified in 1.5. are shown according to user-selected filtering mode (by the price, popularity, originality, etc.), the above rule for determining the ordinal position of Impression of Product offerings does not apply.

2.8. At concurrence of a Key word, and other factors specified by the Customer for the various Product offerings of relevant store for displaying at the Locations specified in paragraphs 1.1., 1.2.1., 1.2.3., 1.6 only one Product offering will be chosen: a) for displaying at the Locations specified in paragraphs 1.1. whose multiplication of CTR and Rate per Click is the best, and b) for displaying at the Locations specified in Section 1.2.1, 1.2.3, 1.6 in which the Price per Click is the highest.

2.9. When determining the ordinal position of impression of the Product offering at the Locations the following rule further applies: all Local Product offerings have a higher priority over the Regional Product offerings.

2.10. Selection of Product offerings for displaying at the Locations specified in paragraph 1.8 and determination of the ordinal position is carried out in descending order of Rate per Click. At the same time, when selecting the Product offerings, the rule on limitation of the number of Product offerings of a single store on the same page further applies - not more than 2 Product offerings.

2.11. in the Locations specified in 1.6

  • when Product offerings are displayed below search results, on the first page of search results at one and the same time can be shown up to 4 Product offerings statically, i.e. guaranteed for every search request (hereinafter - the «Guaranteed locations»), on the second and subsequent pages of the search results - up to 4 Product offerings not included in the ad block specified in clause 1.7 of the Terms (hereinafter - the «Special Placement»), dynamically (i.e., rotating) - a Dynamic location;

  • when Product offerings are displayed to the right of search results at one and the same time it may be simultaneously shown up to 4 Product offerings statically, i.e. guaranteed for every search request (hereinafter - the «Guaranteed locations»), and up to 5 Product offerings dynamically (i.e., rotating) - a Dynamic location. The total number of Product offerings, rotating at Dynamic locations, is not more than 10 Product offerings.

The ranking of impression of Product offerings at the Locations specified in 1.6 shall be determined in accordance with the following rules:

  • The selection of Product offerings shall be in descending order of the multiplication of CTR and Rate per Click. Selected Product offerings are placed in descending order of Rate per Click. Product offerings with the best performance will get in Guaranteed places.

The product offerings on the Locations specified in 1.6 are displayed at the discretion of Yandex either to the right of search results or below search results.

2.12. up to 3 Product offerings can be shown simultaneously at the “Special placement”. Product offerings are shown statically, that is guaranteed for every search query.

The selection of Product offerings shall be in descending order of the multiplication of CTR and Rate per Click. Selected Product offerings are placed in descending order of Rate per Click. At the same time, the further rule applies for Special placement: minimum value of multiplication and of CTR and Rate per click, necessary for the selection of the Product offering to show in the Special placement. In this regard, a situation where a lot of Yandex.Direct ads/Yandex.Market Product offerings are displayed at the Locations specified in paragraph 1.6, is deemed to be normal, but none of them gets into Special placement.

2.13. Product offerings may not appear on the Locations specified in paragraphs 1.6, 1.7 because on some queries, they may be displaced by Yandex.Direct advertisements.

2.14. If CTR of the Product offering on any Key word is below 0.1% Yandex has the right to suspend or terminate the displaying of this Product offering for such Key word at the Locations specified in paragraphs 1.1, 1.6, 1.7.

2.15. In addition to the conditions provided by paragraphs 2.11 - 2.14, the following rule applies:

If the Links in the advertisement of Yandex.Direct and Product offering of Yandex.Market lead to the same information resource (site) / domain on the Internet, only the advertisement or only the product offering, whose multiplication of CTR on Cost per click will be the best will be shown at the Locations specified in paragraphs 1.6., 1.7.

2.16. The conditions of showing the Materials, specified in locations 1.2.2 and 1.9.

2.16.1. The product offers displayed in the Locations specified in 1.2.2 are displayed in compliance with the conditions set forth in the document titled ‘Requirements to the Data Transmission Format and Method’, published at https://partner.market.yandex.ru/legal/tt_en and being an integral part of these General Terms and Conditions.

2.16.2. The selection of product offerings to be displayed on the Locations specified in 1.2.2. and defining of their position is done in descending order of Rate per Click.

2.16.3. Product offerings displayed in the locations specified in 1.2.2. are shown in compliance with default or User selected product properties (size, color, etc.). Only the products totally corresponding to the default or User selected properties are displayed.

2.16.4. When product offerings displayed in the Locations specified in 1.2.2 are displayed in compliance with the User selected sorting mode (price, most viewed, most recent), the ruler of defining the Display position specified in p. 2.16.2 and 2.16.3 is not applied.

2.16.5. The product offerings the locations specified in 1.9. are displayed in compliance with Yandex relevance criteria.

The trade offerings in the locations specified in 1.9 can be displayed only, if the Customer presents the Materials including images and descriptions corresponding to the product offerings.

2.17. Product Offerings will be displayed on the Locations stipulated in these General Terms alongside display to the user of other components of the Materials provided by the Customer, relating to a corresponding Product Offering (descriptions, images, etc.).

2.18. The display of separate elements of the Materials (images, descriptions) presented by the Customer on the Locations, specified in p. 1.11, is not guaranteed and is made in compliance with Yandex relevance criteria.

2.18.1. Selection of Product offerings for displaying at the Locations specified in paragraph 1.3.2. shall be performed as follows:

2.18.1.1. The Product offering with the best multiplication of CTR and Rate per Click shall be selected for display from among Local product offerings with the "in stock" status. If several Product offerings meet the display criteria specified in this paragraph, the Product offering with a greater store rating shall be selected for display, or in the case of equal store ratings – the Product offering with the greatest Rate per Click.

2.18.1.2. If Product offerings with the "in stock" status are unavailable, the Product offering shall be selected for display from among Regional product offering (if products can be delivered in the user's region) in the manner specified in paragraph. 2.18.1.1. of the General Conditions.2.18.2. When displaying the Product offering at Locations specified in paragraph 1.3.2., Yandex does not guarantee appearance of the Link sending the user to the informational resource (site) the Internet (the Customer's site/store) with the address (URL) specified by the Customer.

2.18.3. Selection of Product offerings for displaying at the Locations specified in paragraph 1.3.2. shall be performed from among Product offerings Online only.

2.19. Subject to the terms and conditions set forth in the Documents titled ‘Requirements to the Data Transmission Format and Method’ published at https://partner.market.yandex.ru/legal/tt_en being an integral part of these General Terms and Conditions, any Product Offering may be displayed in the Locations specified in the General Terms and Conditions along with the discount applicable to that particular Product Offering and the following warning text: “The discount percentage was calculated automatically https://yandex.ru/support/market/discounts.html”.

2.19.1. Amount of the discount displayed for the Product Offerings specified in 2.19 may also be highlighted, if such Product Offerings has the minimal price for a corresponding Product Card, and for all Product Offerings available at a discount, if there is no Product Card.

2.19.2. Yandex shall be entitled to disconnect the Customer from the discounts display functional in case of a single infringement of the terms of the document "Advertising Requirements" (https://yandex.kz/legal/market_adv_rules).

2.20. In accordance with the Federal Law “On Advertising”, the Materials with the advertising content subject to classification in accordance the Federal Law "On protection of Children from Information Harmful to their Health and Development," namely the media products intended for circulation within the Russian Federation, printed matter, audiovisual production on all types of media, programs for computers (computer software) and databases, as well as information made available through entertainments, information and telecommunication networks, including Internet, and mobile telephone communications network shall contain the age restriction notification - 18+, 16+, 12+, 6+, 0+.

The category of the content shall be determined by the Advertiser independently during the Materials production. If the Customer fails to select a category for Materials with relevant content, the Materials shall be automatically assigned to the 18 + category. The assignment of the Materials to the relevant category shall be performed on the basis of automatic identification of Product offering category. The Customer is entitled at any time to change the category by sending the relevant data in accordance with the procedure stated in the «Requirements to the Data Transmission Format and Method» posted in the Internet at http://partner.market.yandex.ru/legal/tt_en or via the customer support service at https://feedback.yandex.ru/partnermarket, if the Customer considers the Materials not to be the subject to age categorization. The Customer is obliged to inform the customer support service at https://feedback.yandex.ru/partnermarket of the need of age restriction, if the Materials were not automatically assigned to age category (including the cases when the Materials age category is not displayed because of incorrect identification of Product offering category). The Customer is responsible for the proper determination of the Materials age category and mandatory placement of age restriction notification in the Materials with the relevant content.

2.21. The Materials advertising medicines, medical services, including treatment methods, medical items and also biologically active supplements, as well as the Ads of the items constructively similar to arms in terms of article 1 of the Federal Law “On Arms”, shall be accompanied by the following standard warnings:

"Contraindications. Consult your doctor" — for advertising of medicines, medical services, including treatment methods, medical items;

"It is not a medicine" - for advertising of biologically active supplements;

"Constructively similar to arms" – for advertising of the items constructively similar to arms.

The above warnings shall be added to the advertisements automatically by determining the subject of such advertisements.

The Customer shall ensure that subjects of the advertisements are determined properly and the required warnings are unfailingly added to the advertisements with relevant subjects.

In accordance with the Federal Law “On Advertising”, the Materials, advertised objects of which are the products to be used as a substitute for breast milk, and the products included in the child's diet during its first year of life, shall be accompanied by a warning, such as “Please consult a specialist. For the nutrition of children of ________ (designation of age limit ranging from 0 to 12 months)”.

The determination of age limits for the use of such products shall be conducted by the Customer. If the Customer has not chosen the age category for Materials advertising the relevant product, the Materials shall be automatically accompanied by a warning, such as “Please consult a specialist. For the nutrition of children of 11+ months”. Accompanying the Materials with the relevant type of warning shall be conducted by the automatic determination of the Product offering category. The Customer shall have the right to change the age limit at any time, with passing the relevant data in the manner prescribed by the document "Requirements to the Data Transmission Format and Method" (http://partner.market.yandex.ru/legal/tt_en).

2.22. Display of Product offerings at Locations specified in paragraph 1 hereof may contain the mark "Advertisement".

2.23. When clicking at the Link provided by the Customer, the technical parameter «ymclid = ________» may be automatically added indicating the unique identifier of the Click made.

2.24. In case of the Customer involvement in the Recommended Stores Program, the selection of product offerings for Impression can be carried out with regard to a scale up factor to the Rate per Click, set by a third person in respect of the Product Offerings, within the frame of which goods/services offers are placed and earmarked with this third party’s trademark. If a third person intends to connect the Customer to the Recommended Stores Program, Yandex shall notify the latter about it by sending a letter to his e-mail address. In the event the Customer refuses from participation in the Recommended Stores Program, he is obliged to inform Yandex not later than 24 (twenty-four hours) of receipt of the message by sending an e-mail letter to vendor@market.yandex.ru. If Yandex receives no letter from the Customer within 24 (twenty-four) hours from the shipment date, the consent to participate in the Recommended Stores Program is deemed to be received.

2.25. Specifics of displaying the Product offers from "Watch", “Electric Kettles and Thermopots”, “Smartwatches and Bracelets” and “Multicookers” categories in "Moscow" User's region.

In "Moscow" User's region only those Product offers from the above categories will be displayed concerning which the Customer performs actions specified in Clauses 3.2 - 3.2.3 of the document titled “Ordering at Yandex.Market. Conditions for shops” published at: https://yandex.kz/legal/market_order_terms(the Product offer is available for Users in the Customer’s shop under “Market Ordering” option).

The Product offers (from the above categories) of the Customer’s shop concerning which the Customer specifies in the Client’s Web Interface a region other than "Moscow" will be displayed in "Moscow" User's region only if the Customer chooses API as a method of interaction of the Parties in the order processing (Clause 3.3.1 of the document titled “Ordering at Yandex.Market. Conditions for shops” published at: https://yandex.kz/legal/market_order_terms).

In this respect, when the Product offers from “Smartwatches and Bracelets” and “Multicookers” categories are displayed in the Locations specified in cl. 1.2.1, 1.2.2 and 1.3 of the Terms, no Link is displayed, and the cost of Yandex.Market Services in relation to the Product offers displayed like that is defined pursuant to cl. 5.1.2 of the Offer. When a Product offer from “Smartwatches and Bracelets” and “Multicookers” categories is displayed in the Locations specified in cl. 1.2.1 and 1.3.1 of the Terms, the sequence place is determined in ascending order of the price for the goods.

2.26. The Product offerings will be displayed on the Locations specified in clause 1.13 subject to automatically determined conformity of the image in the viewing window to the image provided by the Customer for its Product offering to be placed. Displaying the Product offerings on the Locations specified in clause 1.13 is not guaranteed. The Product offerings will be selected for displaying on the Locations specified in clause 1.13 on a basis of the relevance criteria established by Yandex. The image containing in its viewing window the Customer’s Product offering will be marked with a special sign in the search results of Yandex.Picture service. When displaying the Product offering in the viewing window, Yandex does not guarantee conformity of the image in the viewing window to the image displayed in the Product offering of the Customer.

3. Prices

3.1. Fixed Rate per Click

For Locations specified in paragraphs 1.4 (only when the Product offerings are displayed according to the criteria of sorting, selected by the user), 1.5, 1.13 a fixed rate per Click is set in the following amount: 0.1 c.u. per Click.

For all Product offerings, except for Books 0.1 c.u. per Click.

For Product offerings - Books 0.05 c.u. per Click.

3.2. Rate per Click, established by the Customer

For Locations listed in paragraphs 1.1., 1.2.1, 1.2.2, 1.2.3, 1.3.1, 1.4 (except for Product offerings that are displayed according to the sorting criteria selected by the user), 1.6, 1.7, 1.8, 1.12 the Customer sets the Rate per Click on his own.

The Rate per Click for the Location specified in paragraph 1.3.2 is equivalent to the Rate per Click established by the Customer for the Location specified in paragraph 1.3.1 (with due account of the condition provided by paragraph 4.1), including when the Product offering is displayed according to the sorting criteria selected by the User.

Furthermore, the Rate per Click paid to Yandex for the Click on Product offering, displayed on the Locations, specified in the paragraphs 1.6.1. and 1.6.2., can be lower than Rate per Click set by the Customer for such Location.

3.2.1. Rate per Click can be set by the Customer within the following limits:

from 0.1 c.u. (for Product offerings - Books from 0.05 c.u.) to 84,05 c.u. per Click for all Locations listed in this paragraph.

If the Rate per Click is not specified, it is considered that it is equal to a Fixed Rate per Click:

For all Product offerings, except for Books 0.1 c.u. per Click.

For Product offerings - Books 0.05 c.u. per Click.

If the Customer set Rate per Click higher than maximum or less than the minimum allowed, it is believed that the Rate per Click is equal to the maximum or minimum permissible rate.

3.3. Entering of Rate per Click into force

Click per Rate set by the Customer shall enter into force after updating the “Yandex.Market” Database taking into account the conditions specified in Clause 4.4.

3.4. For Product Offerings available at a discount (clause 2.19 of the General Terms and Conditions), the Rate per Click set according to the provisions of Sections 3 and 4 of the General Terms and Conditions shall be automatically increased by 0.05 c.u.

3.5. Terms and conditions specified in present section 3 of these General Terms and Conditions (including cl. 3.1 – 3.4) are applied up until 17 of January 2016 (inclusive). From 18 of January 2016 new rates and other rules under present section 3 shall be applied and published by Yandex no later than 1 week prior to the date of their entry into force.

4. Miscellaneous

4.1. Automatic broker sets the Price per Click for Locations specified in paragraph 1.1, 1.2.1, 1.2.3, 1.3.1, 1.4, 1.6, 1.7, 1.12 at each impression of Product offering in the amount of minimum price sufficient to provide the Product offering with the best possible position for impression at Location.

Automatic broker option is enabled / disabled by the Customer independently through the Yandex client web interface. The Customer acknowledges that the Rate per click vs. using Automatic broker, is set by the Customer.

4.1.1. If the Customer uses any services of Yandex or third parties that allow to control (including automatically) Rates / Prices per Click and/or use any other relevant functionality, the Customer acknowledges that all actions performed by such service users, who had got the access to the respective functionality via the Customer’s login and password on Yandex’s website, are considered to be performed by the Customer.

Yandex does not provide any warranties regarding operability, effectiveness and functionality of such services as well as their fitness for the Customer’s purposes and expectations.

4.2. When displaying the Product offering on mobile devices a Link to page of “Near stores. Stores on the map” section may be present in the materials of Yandex.Market Service or link to contact page “Make a call” of Yandex.Market Service. When the user clicks a Link to the contact page “Make a call”, only contact telephone number of Customer's store may be shown to the user.

4.3. The selection of “active sales” Materials placement variant is done by the Customer by means of client web-interface.

4.3.1. In case when until the acceptance of the Offer for rendering of “Yandex.Market” services by the Customer (available on the Internet at: https://yandex.ru/legal/oferta_market), the Customer purchased Yandex.Market Services on terms under which the cost of Yandex.Market services is determined on the basis of prices per Click and the number of Clicks for the reporting period, the provision of Yandex.Market services shall be subject to the conditions provided herein, except when the Customer has chosen placement option “start” through a client web-interface.

4.4. Yandex displays the activities, made by the Customer through Web interface of the client (or via API), and by means of sending YML files, related to the location of the Materials within the following term:

• change of Price per Click - from 3 to 10 hours (the average time of procession is 4 hours);

• cessation of showing product offerings, renewal of the list of Product offerings and other activities - from 3 to 10 hours (the average time of procession is 4 hours).

4.5. When the Customer changes the Price per Click, the Clicks are paid ay an old price, until this activity is processed by Yandex.

4.6. When the advertisement campaign stops, the services are suspended as soon as this activity is processed by Yandex. During this period the Clicks are paid in compliance with the Price per Click set by the Customer.

4.7. In order to improve the quality of Yandex.Market system and its services, and to develop new offers for the advertisers, Yandex may periodically carry out experiments. In the course of such experiments, Product offerings displayed to certain Users randomly selected by Yandex may be displayed on the Locations subject to modified conditions of the Displaying of Product offerings including but not limited to selection and arrangement of Product offerings on the Locations specified in these Terms, as well as on Locations not specified in these Terms. In the course of experiments Yandex is entitled to modify the conditions of displaying of Product offerings under the Market Ordering option (https://yandex.kz/legal/market_order_terms). While carrying out an experiment, Yandex does not guarantee that each and every Product offerings will be displayed according to the order of placing Product offerings on Locations and according to selection conditions and other provisions set and specified in these Terms. However, the experiments will not affect the Price per Click established by the Customer in accordance with these Terms. Payment for the Services shall be carried out subject to the Price per Click established in accordance with clause 3 of these Terms. Any information about such experiments shall be made available to the Customer upon the request sent to the customer support service using the feedback form at partner@market.yandex.ru specifying the grounds of the request and the number of relevant advertising campaign.

1 c.u. = 30 RUR (including Russian VAT 18%)

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