Section 1. Definitions
"Customer Data" means Company's creative content or code for creative content that Company inputs into the Optimize Service.
"GA Property" or "GA Properties" means the collection of Google Analytics settings and information associated with the same Google Analytics Property ID to which Hits are sent from a Property or collection of Properties.
"GA Terms" means the Google Analytics Terms of Service (located at https://www.google.com/analytics/tos.html) or, if applicable, the negotiated terms governing the GA Property(ies) linked to Company's Optimize account (e.g. the Google Analytics Premium Order Form or Analytics 360 Order Form).
"GTM Terms" means the Google Tag Manager Terms of Service (located at https://www.google.com/analytics/tag-manager/use-policy/) or, if applicable, the negotiated terms governing the Google Tag Manager 360 account used with Company's Optimize account (e.g. the Tag Manager 360 Order Form).
"Hits" means the base unit of measurement that is sent to the Google Analytics service for processing, which may include but is not limited to a page view, a transaction or a call to the Google Analytics system by an OSCI.
"Optimize Container" means the code delivered through the Optimize Service, through which Company may serve code required to deliver modified visitor experiences.
"OSCI" means an "Officially Supported Client Interface", which is a mechanism made available by or supported by Google that can be used to send Hits to the Google Analytics service.
"Platform Home" means the Google Marketing Platform user interface through which Company can also access certain platform-level services and functionality.
"Property" means any web page, application, or other property that uses an OSCI to send data to Google Analytics through Company's Google Analytics account.
"Shared GA Data" means Company's data that is shared between Google Analytics and the Optimize Service as necessary to provide the Optimize Service. Such data will be limited to data from Google Analytics accounts associated with the GA Properties that Company links (or has linked on its behalf) to the Optimize Service.
Section 2. Use of Optimize
b. Company’s use of the Platform Home is subject to the Platform Home Additional Terms (or as subsequently re-named) available at https://support.google.com/marketingplatform/answer/9047313 (or such other URL as Google may provide) as modified from time to time (the “Platform Home Terms”).
c. Company may not use the Optimize Service to engage in or promote any unlawful, infringing, defamatory, dangerous or otherwise harmful activity. If Company uploads, submits, stores, sends or receives content through use of the Optimize Service, Company must have, and represents that Company does have, all necessary rights to do so, and agrees that Google is not responsible for, and will not be liable for, any such content, including any content Company received from a third party and any damage arising from the use of that content.
d. Company's total number of requests for all Optimize Containers across all Properties may not exceed 10 million per month, calculated on a calendar monthly basis.
e. To the extent Company's use of the Optimize Service is within scope, Company and Google agree to the Google Ads Data Processing Terms at https://privacy.google.com/businesses/processorterms (the "Processing Terms"). Google will not modify the Processing Terms, except as expressly permitted under the Processing Terms.
Section 3. Feedback
Google may ask Company to provide comments, feedback, ideas, reports, suggestions, data or other information related to the Optimize Service (collectively "Feedback"). Company is not required to provide Feedback; however, if Company provides Feedback to Google, then Google may use the Feedback for any purpose without obligation or compensation to Company. Accordingly, Company grants to Google and its affiliates and successors a paid-up, royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, transferable, worldwide license to make, use, sell, offer for sale, import, export the whole or a component of, copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise exploit the Feedback for any purpose; provided, however, that Google does not disclose Feedback to third parties in a manner that would identify or reasonably be expected to identify Company without Company's prior written consent.
Section 4. Indemnification
In addition to the indemnification provisions in the Google Terms, Company will indemnify and defend Google, its affiliates, and its agents from and against any and all third-party claims and liabilities arising out of or related to Company's websites, mobile apps, or other properties (including any content Company serves that is not provided by Google), Company's use of the Optimize Service, or Company's breach of the Optimize Terms.
Section 5. Miscellaneous
Last updated: July 24, 2018