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: 24 October 2013
Effective Date: 24 October 2013
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”.
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 “Online Stores” (but for the department “Clothes, Footwear and Accessories”) - up to 5 Product offerings “Online”;
1.2.2. Block “Online Stores” in the department “Clothes, Footwear and Accessories” - all On-line product offers.
1.2.3.Block “Stores nearby” - 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:
• pages “Prices on the Internet” on Yandex.Market Service - all Product offerings “Online”.
1.4. Locations:
• the search results pages on Yandex.Market Service - all Product offerings “Online”.
1.5. Locations:
• thematic pages of the participating sites of Yandex Advertising Network - up to 5 Product offerings.
1.6. Locations:
• pages of Yandex.Market Service not listed in paragraphs 1.1.-1.5. - all Product offerings.
1.7. Locations:
• ad block on Yandex.Search search result pages to the right of search results (up to 9 Product offerings) or below search results (up to 4 Product offerings).
1.8. Locations:
• ad block above the search results pages on the Yandex.Search Service - up to 3 Product offerings.
1.9. 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.
1.10. Locations:
• Store offer card — one product offer “On-line” (banner) of the Customer.
1.11. Product Offerings that may be displayed at the Locations listed in Clauses 1.2, 1.3, 1.4, 1.6, 1.9 may be also displayed on pages of sites using “Yandex.Market Content API” (https://yandex.ru/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, 1.6, 1.9. The number of Product Offerings displayed on pages of sites using “Yandex.Market Content API” (https://yandex.ru/legal/market_api_content/) may differ from that specified in Clauses 1.2, 1.3, 1.4, 1.6, 1.9.
1.12. 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.
2. Terms of displaying the Materials
2.1. Displaying of Product offerings on the Locations specified in paragraphs 1.1., 1.2.3, 1.4., 1.7, 1.8., 1.9., 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., 1.7., 1.8., only local and regional Product offerings shall be displayed.
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 paragraph 1.2. and determination of the ordinal position is carried out in descending order of Rate per Click.
2.4. Selection of Product offerings for displaying at the Locations specified in paragraph 1.3. and determination of the ordinal position is carried out in descending order of Rate per Click, as well as filtering mode, selected by the user to display search results.
In the case where Product offerings that appear on the Locations specified in 1.4. are shown according to user-selected sorting mode (sort by: availability and price, rating and price, price, etc.), the above selection rule of Product offerings does not apply.
2.5. 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.
2.6. The ranking of Impression of Product offerings on the Locations specified in Section 1.6. shall be determined in accordance with relevance criteria established by Yandex.
In case where Product offerings that appear on the Locations specified in 1.6. 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.
2.7. Product offerings at Locations specified in paragraph 1.5. are shown subject to availability of automatically set by Yandex of compliance of potential Product offering to the theme (context) of web page on which it appears.
Customer can cancel the impressions of Product offerings at Locations specified in paragraph 1.5., through the client web-interface.
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 paragraph 1.1., 1.2.1., 1.2.3., 1.5 only one Product offering will be chosen: a) for displaying at the Locations specified in paragraph 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., 1.5. in which the Price per Click is the highest.
2.9. 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 2 Product offerings; CTR of Product offering for the Key word higher than 0.5%. Once two Product offering of each store that are located on 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.
2.10. 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.
2.11. Selection of Product offerings for displaying at the Locations specified in paragraph 1.9. 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.
2.12. in the Locations specified in 1.7
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 1.8. 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 Commodity proposals.
The ranking of impression of Product offerings at the Locations specified in 1.7. 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 1.7. are displayed at the discretion of Yandex either to the right of search results or below search results.
2.13. 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 1.8, is deemed to be normal, but none of them gets into Special placement.
2.14. Product offerings may not appear on the Locations specified in paragraphs 1.7., 1.8. because on some queries, they may be displaced by Yandex.Direct advertisements.
2.15. 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., 1.7., 1.8.
2.16. In addition to the conditions provided by paragraphs 2.12 - 2.15, 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 1.7., 1.8.
2.17. The conditions of showing the Materials, specified in locations 1.2.2 and 1.10.
2.17.1. The product offerings on the Locations specified in 1.2.2. are displayed in compliance with the conditions supplied in the Document «Shoes, Clothing and Accessories Section. Conditions and peculiarities of location», published on page http://partner.market.yandex.ru/legal/clothes_en making part of the present General conditions.
2.17.2. 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.
2.17.3. 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.
2.17.4. 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. 2.17.2- 2.17.3. is not applied.
2.17.5. The product offerings the locations specified in 1.10. are displayed in compliance with Yandex relevance criteria.
The trade offerings in the locations specified in 1.10 can be displayed only, if the Customer presents the Materials including images and descriptions corresponding to the product offerings.
2.18. 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.).
2.19. The display of separate elements of the Materials (images, descriptions) presented by the Customer on the Locations, specified in p. 1.12, is not guaranteed and is made in compliance with Yandex relevance criteria.
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 for the method of data transmission» posted in the Internet at http://partner.market.yandex.ru/legal/tt_en or via the customer support service at partner@market.yandex.ru, 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 partner@market.yandex.ru 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, tobacco and tobacco-related products, and also biologically active supplements, shall be accompanied by the following standard warnings:
"Smoking is harmful to your health" — for advertising of tobacco and tobacco products;
"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.
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 for the method of data transfer" (http://partner.market.yandex.ru/legal/tt_en).
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), 1.6, 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., 1.3., 1.4., 1.5., 1.7., 1.8., 1.9 (except for Product offerings according to the sorting criteria selected by the user), the Customer set the Rate per Click on his own.
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 10 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.
4. Miscellaneous
4.1. Automatic broker sets the Price per Click for Locations specified in paragraph 1.1, 1.2.1., 1.3., 1.4., 1.5., 1.7., 1.8, 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 enabled / disabled by the Customer independently through the client web-interface. The Customer acknowledges that the Price per click, set using Automatic broker, is set by the Customer.
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.
1 c.u. = 30 RUR (including Russian VAT 18%)
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