Effective Date: November 22, 2022
- Introduction: These terms (“Anchor Ads Terms”) are between you and Spotify, and incorporate the Anchor Terms of Service (as amended from time to time in accordance with its terms) (together, the “Terms”). By using any of the Anchor Ads features (“Ads”) supported by Spotify Payouts or a third party payment service provider (“Payment Service Provider”) product, you agree to be bound by the Terms. To the extent there is any irreconcilable conflict between the Anchor Terms of Service and these Anchor Ads Terms, these Anchor Ads Terms shall prevail. If you elect to use Ads on Anchor, your User Content (as defined in the Anchor Terms of Service) will be considered “Monetized Content” for the purposes of the Anchor Terms of Service.
- Eligibility: You must be at least 18 years old (or equivalent minimum age designated by the Payment Service Provider) to use Ads on Anchor, or you must have a parent or guardian that meets the minimum age requirements responsible for your payouts via Spotify Payouts. If you have been given access to one or more of the Ads features, you will be eligible for ads powered by that Ads feature, as described on Anchor’s platform. By using any of the Ads features, you represent and warrant that you have linked your Anchor account with a valid Spotify Payouts account or a valid bank account with a financial institution in your country or region. Your payment may be withheld or delayed if you do not maintain accurate contact and payment information.
- License: Without limiting the license granted under the Anchor Terms of Service, you acknowledge that by using Ads, you grant Spotify the right to place and sell advertising within and alongside your User Content, including alongside any advertising already embedded within your User Content.
- Earnings: Spotify will calculate your earnings using a fixed amount per 1000 ad impressions filled by Spotify for consumption on Spotify and a fixed amount per 1000 ad impressions filled by Spotify for consumption on third-party platforms (collectively, the “RPM rates”). The applicable RPM rates and Fees (as defined below) will be disclosed to you on the Anchor money page, and are subject to change by Spotify. We may provide you with regular reporting on your total impressions and estimated earnings from those impressions. Any impressions delivered in excess of any impression limit for a campaign may not contribute to your earnings. You acknowledge that such data is provided “as is”, and Spotify does not guarantee that such data will be available error-free, or that mistakes will not happen from time to time. Your earnings will be displayed in your Spotify Payouts account dashboard as described in Section 5 below or your Payment Service Provider account will be updated to show the earnings balance owing to you, as applicable, and will in each case be subject to any applicable Fees. All impressions must satisfy Spotify’s brand safety requirements, as determined by Spotify in its sole discretion.
Without limiting anything in the Anchor Terms of Service or the Spotify Payouts Terms, Spotify may withhold payment arising from any invalid activity detected by Spotify, including but not limited to any erroneous or artificial impressions (“Invalid Impressions”) or other artificial activity using any bot, script or other automated or manual means. In respect of any invalid activity, Spotify may also collect amounts previously paid to you that are associated with Invalid Impressions (“Clawback Amounts”). You will pay any reasonable costs and expenses Spotify incurs in collecting payment of the Clawback Amounts. Payment may be delayed while Spotify is investigating invalid activity. If Spotify’s investigation ascertains that there is no breach, then Spotify will resume payment.
- Account with Spotify Payouts or Payment Service Provider: In order to use one or more of the Ads features, you will be required to link a valid Spotify Payouts account at https://payments.spotify.com/payouts. Your use of Spotify Payouts, including any payments, will be subject to the Spotify Payouts Terms available at www.spotify.com/legal/payouts as amended from time to time. You agree to only use the services in accordance with the Spotify Payouts Terms and not to use the services for any activity that is expressly prohibited or restricted by those terms. Spotify may suspend or terminate the provision of the Spotify Payouts services to you if you do not comply with the Spotify Payouts Terms. Notwithstanding anything to the contrary in these Anchor Ads Terms, if you opened an account with a Payment Service Provider prior to the Effective Date of these Anchor Ads Terms to receive earnings from Ads, then you may continue the use of such account in accordance with the Payment Service Provider’s applicable terms and conditions unless communicated to you otherwise by Spotify.
- Fees and taxes: Your earnings balance may be subject to transactional fees, including fees imposed by the Payment Service Provider or Spotify Payouts as set out under the Spotify Payouts Terms, and any additional fees as disclosed to you (“Fees”). Additionally, taxes may apply as set out in the Spotify Payouts Terms.
- Acknowledgements: You represent, warrant and acknowledge that:
- You have the power and authority to enter a binding contract with us and are not barred from doing so under any applicable laws;
- You will comply with all applicable laws, rules, regulations orders and other enforceable governmental or statutory instruments when using the Ads;
- Any registration information that you submit to Spotify is true, accurate, and complete;
- Spotify does not guarantee, and is not responsible for, achieving any revenue as a result of using any of the Ads features;
- Spotify does not guarantee your access (or continued access) to any Ads feature or any equivalent feature or functionality, which is at the discretion of Spotify;
- Spotify has exclusive rights to sell advertising inserted into your User Content dynamically or via Streaming Ad Insertion;
- You are responsible for inserting advertising slots into your User Content as appropriate;
- Spotify provides tools to help support specific category exclusions of certain Ads, as described on Anchor’s platform, provided that you input appropriate tags into the system, but Spotify does not guarantee that excluded categories of such Ads will not run. For all other Ads, you will not have the right to exclude specific categories;
- You will also have the ability to pre-approve the advertiser of certain Ads, as described on Anchor’s platform. For all other Ads, you will not have the ability to review or pre-approve the advertiser;
- Except as set out in sub-paragraphs (h) and (i) above, you will not have the ability to review or pre-approve the advertising creative or any other deal details of any Ads before they run;
- You will not (i) integrate, deploy or otherwise use Ads in any of your User Content that is directed to children under the age of 13 (even if children are not the primary audience for such content); or (ii) otherwise share or make available to Spotify information about children under the age of 13 in connection with Ads on Anchor; and
- You will not take any actions to artificially alter the download or streaming numbers of User Content.
- Termination: Spotify may suspend or terminate your access to the Ads features or terminate these Anchor Ads Terms because of invalid activity or your failure to otherwise comply with these Anchor Ads Terms. In the event of termination by Spotify due to invalid activity or breach of any Spotify terms or policies, you will not be entitled to any further payments from Spotify.
These Anchor Ads Terms will terminate automatically upon termination of the Services in accordance with the Anchor Terms of Service.
Additionally, you may terminate these Anchor Ads Terms and your access to the Ads features at any time by providing Spotify with thirty (30) days’ prior written notice or by deactivating all of the Ads features within the Anchor service if available, in which case these Anchor Ads Terms will terminate thirty (30) days from deactivation. You acknowledge there may be a delay between deactivating the feature and termination of your access to the feature. Spotify may terminate and/or modify these Anchor Ads Terms at any time upon thirty (30) days’ written notice to you. Spotify may, in its sole discretion, terminate your access to Ads at any time without prior notice if it reasonably believes that you are misusing any of the Ads features in violation of these Terms.
- Severability: Unless as otherwise stated, should any provision of these Anchor Ads Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
- Waiver: Any failure by Spotify or any third party beneficiary to enforce these Anchor Ads Terms or any provision thereof shall not waive Spotify's or the applicable third party beneficiary's right to do so.
Interpretation: As used in these Anchor Ads Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation." Any capitalized terms not otherwise defined herein shall have the meaning given to such terms in the Anchor Terms of Service.