Effective Date: February 23, 2022
If you use Automated Ads on Spotify Payouts, the following terms will govern your use of Automated Ads.
- Introduction: These terms (“Automated Ads Terms”) are between you and Spotify, and incorporate the Anchor Terms of Service (together, the “Terms”). By using the Automated Ads feature (“Automated Ads”) with Spotify Payouts, you agree to be bound by the Terms. To the extent there is any irreconcilable conflict between the Anchor Terms of Service and these Automated Ads Terms, these Automated Ads Terms shall prevail. If you elect to use Automated Ads on Anchor, your User Content will be considered “Monetized Content” for the purposes of the Anchor Terms of Service.
- Eligibility: If you have been given access to the Automated Ads feature, you will be eligible for ads powered by Spotify’s Streaming Ad Insertion delivered on the Spotify platform and ads powered by dynamic ad insertion delivered on third-party distribution platforms. By using Automated Ads, you represent and warrant that you reside in the United States and have a valid bank account with a U.S. financial institution.
- License: Without limiting the license granted under the Anchor Terms of Service, you acknowledge that by using Automated Ads, you grant Spotify the right to place and sell advertising 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 delivered for consumption on Spotify and a fixed amount per 1000 ad impressions sold and delivered for consumption on third-party platforms (collectively, the “RPM rates”). The RPM rates will be disclosed to you before you sign up for the Automated Ads program, and are subject to change by Spotify. We may provide you with regular reporting on your total impressions and estimated earnings from those impressions. 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 6 below, and will be subject to any applicable Fees (as defined below). Without limiting anything in the Anchor Terms of Service or the Spotify Commerce Terms, if Spotify reasonably suspects any fraudulent activity in connection with your User Content or Account, or believes you are abusing the Automated Ads feature in any way, or believes you are being misleading in connection with your use of Automated Ads, Spotify reserves the right to, in its sole discretion, may suspend or terminate your use of and access to the Automated Ads feature and/or your Anchor Account.
- Account with Spotify Payouts: In order to use Automated Ads, you will be required to open an account with Spotify Payouts at https://payments.spotify.com/payouts and link your Spotify account with your Anchor account. 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 Commerce 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 Commerce Terms.
Fees and taxes: Your Earnings Balance may be subject to transactional fees, including fees imposed by Spotify Payouts as set out under the Spotify Commerce 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 to enter a binding contract with us and are not barred from doing so under any applicable laws;
- Any registration information that you submit to Spotify is true, accurate, and complete, and you reside in the United States;
- Spotify does not guarantee, and is not responsible for, achieving any revenue as a result of using Automated Ads;
- Spotify does not guarantee your continued access to Automated Ads or any equivalent feature or functionality;
- 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;
- You will not have the ability to review any details of the ads before they run, and will not have the right to pre-approve ads or proactively exclude specific categories;
- Termination: These Automated Ads Terms will terminate automatically upon termination of the Anchor Terms of Service in accordance with those terms. Additionally, you may terminate these Automated Ads Terms and your access to the Automated Ads feature at any time by providing Spotify with thirty (30) days’ prior written notice or by deactivating the Automated Ads feature within the Anchor service. 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 Automated Ads Terms at any time upon written notice to you. Spotify may, in its sole discretion, terminate your access to Automated Ads at any time without prior notice if it reasonably believes that you are misusing the Automated Ads feature in violation of these Terms.
- Applicable laws: You shall comply with all applicable laws and regulations when using the Automated Ads feature.
- Severability: Unless as otherwise stated, should any provision of these Automated 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 Automated 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 Automated 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.