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: April 20, 2017

Effective Date: April 20, 2017

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 to the Customer’s site may be absent, when a local trade offer (banner) is displayed for the User from a different Region or when Product offerings are displayed as part of the “Market Ordering” option). 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 3 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– 1 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 clauses 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:

  • 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.

1.8. Locations:

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

1.9. Product offerings that may be displayed at the Locations listed in clauses 1.2, 1.3, 1.4, 1.5, 1.7 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, 1.7. 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, 1.7.

1.10. 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, Product card and mobile applications of Yandex.

1.11. Locations:

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

1.12. 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 clauses 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 clauses 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 clause 2.1 of the General Terms and Conditions may also be effected where the word/phrase, specified in clause 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 clause 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 clauses 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 clause 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 clause 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 clause 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 clauses1.2.1, 1.3.1 and 1.11 and determination of the ordinal position is carried out in the following order and according to the rules set in clause 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" option, 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 clauses 1.2.1, 1.3.1.,1.6.1., 1.11. 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 clause 2.4.1 shall be placed at the Locations specified in clauses 1.2.1 and 1.6.1. and 1.11 in the descending order of the Rate per Click and in accordance with the relevance criteria established by Yandex, and at the Locations specified in clause 1.3.1 in the following manner:

2.4.2.1. first six Product offerings - in the order described in clause 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 and in accordance with the relevance criteria established by Yandex (subject to the filtering mode selected by a user for the display of search results).

2.4.3. Location specified in clause 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 clause 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 clause 2.4.2.

2.4.3.3. In case neither of Product offerings meets the requirements of the barrier for entry, only three Product offerings, selected according to clause 2.4.1, and having the highest Rate per Click, will be displayed on the Location, specified in clause 1.3.1. All other Product offerings, selected according to clause 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 clause 2.4.2 above.

2.5. In the case where Product offerings that appear on the Locations specified in clause 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 clause 2.4.2 does not apply.

2.5.1. However, the Product offerings to be displayed at the Locations specified in clause 1.3.2 shall be selected in view of the following criteria:

  • the Product offering can be purchased by Users through the “Market Ordering” option;

  • the Product offering is available;

  • the store delivering the order has a high rate of orders executed through the “Market Ordering” option;

  • the price of the Product offering is attributable to the minimal price segment for the relevant product card;

  • 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 clause 1.3.2 is not guaranteed and shall be performed at Yandex discretion.

2.6. Selection of Product offerings for displaying at the Locations specified in clause 1.4, shall be based on rules specified in clause 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 impression of Product offerings from the categories listed on page https://partner.market.yandex.ru/pages/help/cpa-categories on the Locations specified in clause 1.4.

The ranking position of Product offerings is determined in accordance with the relevance criteria established by Yandex and in view of the CPA rate (Yandex’s remuneration for services specified in clause 2.1.2 of the Offer) for Product offerings placed under “Market Ordering” option.

2.6.2. The impression of Product offerings from the categories not listed on page https://partner.market.yandex.ru/pages/help/cpa-categories on the Locations specified in clause 1.4.

The ranking position of Product offerings is determined in accordance with the relevance criteria established by Yandex and in view of the Cost per Click.

2.6.3. The ranking position of Product offerings in the User’s Regions “Republic of Kazakhstan” and “Republic of Belarus” on the Locations specified in clause 1.4 is defined in accordance with the relevance criteria established by Yandex and in view of the Cost per Click (irrespective of the Product offering category).

2.6.4. 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 rule 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. 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 position of Product offerings is determined in accordance with the rule set forth in the first subclause of this clause. 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 rules for determining the ordinal position of impression of Product offerings does not apply.

2.6.5. At the Locations specified in clause 1.4 may not be displayed Product offerings for which there is a Product card.

2.7. The ranking position of Product offerings on the Locations specified in clause 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 clauses 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 clause 1.1 whose multiplication of CTR and Rate per Click is the best, and b) for displaying at the Locations specified in clauses 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 all Locations except those mentioned in the next sentence the following rule further applies: all Local Product offerings have a higher priority over the Regional Product offerings. When determining the ordinal position of impression of the Product Offering at the Locations specified in clauses 1.2.1, 1.3.1, 1.3.2 and 1.4 (except for the said Locations displayed on mobile devices), the above rule shall apply, if the “Offerings from My Region Come First” option is selected.

2.10. Selection of Product offerings for displaying at the Locations specified in clause 1.7 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 clause 1.6 the ranking position of Product offerings 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 clause 1.6 are displayed at the discretion of Yandex either to the right of search results or below search results.

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

2.13. 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 clauses 1.1, 1.6.

2.14. In addition to the conditions provided by clauses 2.11 - 2.13, 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 clause 1.6.

2.15. The conditions of showing the Materials, specified in locations 1.2.2 and 1.8.

2.15.1. The Product offerings are displayed in the Locations specified in clause 1.2.2 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.

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

2.15.3. Product offerings displayed in the locations specified in clause 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.

2.15.4. When Product offerings displayed in the Locations specified in clause 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 clauses 2.15.2 and 2.15.3 is not applied.

2.15.5. The Product offerings the Locations specified in clause 1.8. are displayed in compliance with Yandex relevance criteria.

The trade offerings in the Locations specified in clause 1.8 may be displayed only, if the Customer presents the Materials including images and descriptions corresponding to the Product offerings.

2.16. 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.).

2.17. The display of separate elements of the Materials (images, descriptions) presented by the Customer on the Locations, specified in clause 1.10, is not guaranteed and is made in compliance with Yandex relevance criteria.

2.17.1.1. If the “Offerings from My Region Come First” option is selected by the User, selection of Product offerings for displaying at the Locations specified in clause 1.3.2. shall be performed as follows:

2.17.1.1.1. The Product offering with the best multiplication of CTR and Rate per Click and in accordance with the relevance criteria established by Yandex 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 clause, 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.

2.17.1.1.2. 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 clause 2.17.1.1.1. of the General Terms and Conditions.

2.17.1.2. If the “Offerings from My Region Come First” option is not selected by the User, selection of Product offerings for displaying at the Locations specified in clause 1.3.2. shall be performed as follows:

2.17.1.2.1. The Product offering with the best multiplication of CTR and Rate per Click and in accordance with the relevance criteria established by Yandex shall be selected for display from among Local Product and Regional Product (if products can be delivered in the user's region) offerings with the "in stock" status. If several Product offerings meet the display criteria specified in this clause, 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.

2.17.2. When displaying the Product offering at Locations specified in clauses 1.3.1 and 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.

At the same time, the Link redirecting the User to the informational resource (site) in the Internet (the Customer’s site/store) with the address (URL) specified by the Customer can be available on the Locations specified in clause 1.3.1 only by clicking the “To the Store” button.

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

2.18. 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”.

2.18.1. Amount of the discount displayed for the Product offerings specified in clause 2.18 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.

2.18.2. 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).

2.19. 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.

2.20. 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 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 Product offerings automatically by determining the subject of such Product offerings.

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

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).

2.21. Display of Product offerings at Locations specified in clause 1 hereof may contain the mark "Advertisement" or "Yandex.Market", or "Yandex.Direct".

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

2.23. In case of the Customer’s involvement in the Recommended Stores Program, the selection of Product offerings for displaying 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 Customer 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.

2.24. Features of displaying Product offerings from the categories listed at https://partner.market.yandex.ru/pages/help/cpa-categories in "Moscow" User's region.

24.1. If the relevant product card has one Product offering that can purchased in stores through the “Market Ordering” option, the Locations specified in clause 1.2 of the General Terms and Conditions shall not display the “Store Offers” block (including all Product offerings selected to be displayed there under the General Terms).

If the relevant product card has several Product offerings that can be purchased in stores through the “Market Ordering” option, the Locations specified in clause 1.2 of the General Terms and Conditions shall display a block only with the specified Product offerings (no more than 6) in the “Description” tab. In this respect, Product offerings shall be selected and ranked in descending order of CPA. If this Rate is the same for several Product offerings, such Product offerings shall be displayed in descending order of product/service price or at random (if the price is the same).

Besides, Product offerings that can be purchased in stores through the “Market Ordering” option can be displayed at the Locations specified in clause 1.2 of the General Terms and Conditions in other blocks: “To Be Delivered Urgently”; “Free Delivery”; “Recommended and Discounted”; “Online Payment by Card”; “Recommended by the Maker”; “Popular Highly Rated Store”; other similar blocks.

Product offerings to be displayed at the Locations specified in clause 1.2 in the above blocks shall be selected for their compliance with the terms specified in the name of the relevant block and their availability in “Moscow” User’s Region, product/service price, store rating and the number of orders executed by the store through the “Market Ordering” program. The Product offerings so selected and having the best rating shall be displayed in the specified blocks at random, however the share of such displays depends on CPA established for the relevant Product offering (the higher CPA, the bigger the share of displays).

2.24.2. If the relevant product card has no Product offerings that can be purchased in stores through the “Market Ordering” option, the terms stipulated in clause 2.24.1 shall not apply. In this case, Product offerings shall be selected and ranked for display in the “Store Offers” block at the Locations specified in clause 1.2 in the manner stipulated by these General Terms and Conditions.

2.24.3. Product offerings shall be selected and ranked for display at the Locations specified in clause 1.3.1 of the General Terms and Conditions in the following manner:

2.24.3.1. First, Product offerings are displayed that can be purchased in stores through the “Market Ordering” option, which shall be selected and ranked in descending order of CPA. If this Rate is the same for several Product offerings, such Product offerings shall be displayed in descending order of product/service price or at random (if the price is the same).

2.24.3.2. Then, the other Product offerings shall be displayed, which shall be selected and ranked in the manner stipulated by clause 2.4 of the General Terms and Conditions.

2.24.4. If Product offerings displayed at the Locations specified in clause 1.3.1 are shown under the sorting mode chosen by the User (sorting by: availability and price; rating and price; price, etc.), the rule of Product offering selection specified in clause 2.24.3 shall not apply

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).

The conditions stipulated herein shall not apply to the Places of Impression specified in clause 1.9 of the General Terms and Conditions.

2.25. Specifics of displaying the Product offerings from "Medicines and medical items" categories in "Russia" User's region.

The Product offers from "Medicines and medical items" categories shall not be displayed in the Locations specified in clauses 1.1, 1.6, 1.9, 1.11, 1.12 of the General Terms and Conditions.

2.26. The Product offerings will be displayed on the Locations specified in clause 1.12 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 1.12 is not guaranteed. The Product offerings will be selected for displaying on the Locations specified in clause 1.12 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.

2.27. The Link to the Customer’s site may not be available when displaying Product offerings at any Locations as part of the “Market Ordering” option.

3. Prices

3.1. For the Locations specified in clauses 1.2, 1.3, 1.6.1, the Customer sets the Rate per Click on its own in view of provisions of the General Terms and Conditions.

The minimum Rate per Click for the Locations specified in clauses 1.2, 1.3, 1.6.1 shall be defined by the formula:

cbid_min = 0.0399 * (price_min ^ 2/3) / 100, but not more than 0,9 c.u.,

where

cbid_min is the minimum Rate per Click for a Product offering in the relevant Location in the respective User’s Region (c.u.);

price_min is the lowest price of a Product offering of all prices placed in the relevant Location in the respective User’s Region (rubles, including VAT).

3.2. For the Locations specified in clauses 1.1, 1.4 (except for Product offerings from the categories listed on page https://partner.market.yandex.ru/pages/help/cpa-categories; the exception does not apply for Product offerings from any categories, when they are displayed in the User’s Regions “Republic of Kazakhstan” and “Republic of Belarus”), 1.5, 1.6.2, 1.7, 1.8 and 1.11 the Customer sets the Rate per Click on its own in view of provisions of this clause.

The Rate per Click for the Location specified in clauses 1.4 (only for Product offerings from the categories listed on page https://partner.market.yandex.ru/pages/help/cpa-categories, except when they are displayed in the User’s Regions “Republic of Kazakhstan” and “Republic of Belarus”) and 1.12 shall be fixed and equal to the Minimum Rate per Click calculated for this Product offering.

The Minimum Rate per Click for the Locations specified in this clause 3.2 of the General Terms and Conditions depends on the category of the product group defined according to the document “Table of Types of Goods at Yandex.Market” publicly available online at https://download.cdn.yandex.net/support/ru/partnermarket/files/Table-of-Types-of-Goods-at-Yandex.Market.xlsx and shall be defined by the formulas:

Group A of types of goods: bid_min = 0,055 * (price ^ 0,56)/100, but not more than 0.45 c.u.

Group B of types of goods: bid_min = 0,15 * (price ^ 0,56)/100, but not more than 0.65 c.u.

Group C of types of goods: bid_min = 0,245 * (price ^ 0,56)/100, but not more than 0.9 c.u.,

where

bid_min is the minimum Rate per Click for a Product offering of the Customer’s store (c.u.);

price is a price of a Product offering of the Customer’s store (rubles, including VAT).

In case the category of the product group is absent in the document Table of Types of Goods at Yandex.Market” (https://download.cdn.yandex.net/support/ru/partnermarket/files/Table-of-Types-of-Goods-at-Yandex.Market.xlsx) the Minimum Rate per Click for the Locations specified herein shall be defined by the formula for the “Group A of types of goods”.

Formula as specified in caluse 3.2. herein shall apply to relationhips of the parties as of 18 of August, 2016.

3.3. The Rate per Click has the following minimum and maximum permissible values:

from 0.01 c.u. to 84.45 c.u. per Click for all Locations specified herein, except as otherwise provided by clause 3.6 of the General Terms and Conditions.

If no Rate per Click is specified for a particular Product offering of the Customer, it is held that it is automatically equal to the rate specified by the Customer in the Client web interface for the group of Product offerings.

If the Customer sets the Rate per Click higher than the maximum permissible value or lower than the minimum permissible value, it is held that the Rate per Click shall be equal to the minimum and maximum permissible value pursuant to the rules stipulated by clauses 3.1 and 3.2 above.

3.4. Entry into Force of the Rate per Click

The Rate per Click becomes valid upon the update of Yandex.Market Database in view of provisions stipulated by clause 4.4 of the General Terms and Conditions.

3.5. When displaying Product offerings at a discount (clause 2.18 of the General Terms and Conditions), the Rate per Click set in view of provisions of clauses 3 and 4 of the General Terms and Conditions shall be automatically increased by the amount equal to half the minimum Rate per Click for relevant Locations.

3.6. When the Customer applies the Rate per Click specified according to clauses 3.1 – 3.2 of the General Terms and Conditions through the Link in the form of an image with a phone number provided by the Customer for the Materials or through the “Show the Phone Number” button, which shows the above phone number to the User, the coefficient of 1 will be used.

3.7. The Rate per Clicking the Link “See the Description on the Seller’s Site” by means of ordering goods through the “Market Ordering” program shall be equal to the Minimum Rate per Click determined in the manner specified in clause 3.2 of the General Terms and Conditions.

3.8. Minimum order amount – 10 c.u.

4. Miscellaneous

4.1. The Automatic Broker sets the Rate per Click for all Locations, except those specified in clauses 1.4 (only for Product offerings from the categories listed on page https://partner.market.yandex.ru/pages/help/cpa-categories) and 1.6.2, every time a Product offering is displayed at a minimum sufficient to ensure that the Product offering retains its display position in the Location before applying the Automatic Broker.

The Automatic Broker option is enabled / disabled by the Customer independently via the Client web interface. In this respect, the Customer agrees that the Rate per Click set via the Automatic Broker shall be deemed 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 Rate 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 Rate 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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