Terms of use

1. Introduction and scope

The Dev2Pub platform and website were developed by Dev2Pub, a French simplified joint-stock company (SAS) with share capital of €5,000. Its registered office is at 284 Avenue Pierre Loti, 83000 Toulon. SAS DEV2PUB is registered with the Toulon Trade and Companies Register under number 890 053 556.
These terms of use apply between Dev2Pub and companies using the service offered on the platform.
Please read the following terms carefully before using the Dev2Pub platform. Use of the platform constitutes acceptance of these terms. By accessing the services offered, companies therefore undertake to comply with the rules set out below.

2. Definitions

SAS DEV2PUB assists websites with the creation, management, optimisation and updating of advertising placements.
Digital marketing glossary used by Dev2Pub:

API (Application Programming Interface)
An API is a set of programming rules allowing information to be retrieved from a service and used in an application or for data analysis.

Bid request
A bid request is a request for a real-time auction. It corresponds to a load.

Bid response
This is the response to a bid request, sent by the buyer to the seller. It contains information such as the purchase price and the creative URL.

Load
Loads refer to the number of times the advertising tag integrated by a publisher is called.

CTR (Click-Through Rate)
CTR is the proportion of the audience that clicks on a displayed advertisement to move along the conversion path. It is calculated by dividing the total number of clicks on an advertisement by its total number of impressions.

CPM (Cost Per Mille)
This is the cost per thousand advertising impressions. Each advertiser pays a price for an advertising placement expressed per thousand impressions.

Publisher
A publisher is a website on which advertising is displayed.

eCPM
This is the average cost of purchased impressions. It is calculated from the total revenue generated and the number of impressions purchased.

RPM
Revenue per thousand impressions.

Fill rate
The fill rate is the rate at which advertising placements are filled.

Impression
An impression corresponds to an advertisement being displayed.

JavaScript
JavaScript is a scripting language used to call the different services that display an advertising placement.

URL (Uniform Resource Locator)
This is the address of information found on a website. Example: http://www.monsite.fr.

3. Registration requirements

Dev2Pub reviews every new registration request. Requests may be accepted or refused based on several criteria:

– Only companies or micro-enterprises are accepted.

– Professionals registered on the platform undertake to provide Dev2Pub with the following information to establish the partner’s authenticity: KBIS, SIRET, SIREN and intra-community VAT number.

– Publishers undertake to inform Dev2Pub of any change to their company’s identification details, including its address, legal form or registration information.

– SAS Dev2Pub reserves the right to accept or refuse a company’s registration on its platform.

– Each company using the Dev2Pub platform undertakes to keep the information provided to it confidential, including its username, password, tags and statistics.

– Companies undertake to deploy advertising tags only on URLs previously declared and registered in their Dev2Pub account.

4. Remuneration

SAS Dev2Pub will pay the publisher an amount calculated from the sums paid by advertisers and advertiser platforms.
The amount payable to the publisher can only be specified once Dev2Pub has received confirmation of volumes and the corresponding amounts from advertisers.
This remuneration is calculated using various factors. The publisher therefore agrees that payment will only be made after Dev2Pub has received payment from advertisers.
Each publisher must issue its own invoice only after Dev2Pub has confirmed the amount by sending a request for an invoice.
Provided SAS Dev2Pub has received payment from advertisers, the publisher will be paid 60 (sixty) days from receipt of the invoice. All payments are in euros (€), and any transfer fees outside the SEPA area will be applied to the publisher’s invoice amount.
A request for an invoice will only be sent to publishers if the amount exceeds €50 (fifty euros). If it is lower, it will be carried forward to the following month until the publisher reaches the minimum €50 threshold to trigger invoicing of its earnings.
Requests for invoices and invoices include 20% tax for French companies, except micro-enterprises. For publishers outside France (Europe and internationally), no tax will appear on the invoice.
If a publisher receives a payment not intended for it, whether because of an incorrect amount or another reason, it must return that payment to Dev2Pub.
The publisher may lose its entitlement to remuneration in the following cases:

– Failure to comply with these terms of use.
– Use of a process to increase impressions automatically.
– Distribution of illegal content or content that does not meet Dev2Pub’s requirements.
– Dev2Pub has received no invoice from the publisher for payment of its earnings during the preceding 12 months.

5. Dev2Pub obligations

After approving the website, Dev2Pub undertakes to give the publisher access to its platform and to make every effort to optimise the registered website’s advertising formats.

Dev2Pub undertakes to pay the publisher the share of remuneration allocated to the website registered on the platform once the advertiser platforms have themselves paid for the services.

SAS Dev2Pub is not responsible for adjustments made by advertisers, including reductions in remuneration due to impression quality issues or other reasons.

SAS Dev2Pub must inform the publisher of any adjustment to advertising impressions and will amend the requests for invoices relating to the website’s advertising impressions.

SAS Dev2Pub undertakes to provide all information concerning the proper operation of the tags supplied to the publisher, including ads.txt, CMPs, blacklists and whitelists.

SAS Dev2Pub undertakes to comply with European and French data protection regulations, including the GDPR.

6. Publisher obligations

The publisher must provide its company identification and invoicing details when creating its account and inform Dev2Pub of any changes, including company name, SIRET, SIREN, intra-community VAT number and address.

The publisher undertakes to declare income generated through Dev2Pub to the tax authorities in its country.

The publisher undertakes to meet the content quality requirements set by Dev2Pub and advertisers.

The publisher’s content must not contain any illegal, violent, pornographic, religious, political or racist content.

The publisher undertakes not to publish content on its website that could infringe rights, harm the reputation of Dev2Pub or a third party, or undermine human dignity. Any fraudulent activity by a publisher will result in all or part of its generated revenue being deducted. Dev2Pub reserves the right to apply deductions or penalties to the publisher’s generated revenue for up to 12 months after the advertising period.

The publisher undertakes to use only the advertising and CMP tags available on the Dev2Pub platform.

The publisher undertakes not to use artificial traffic, such as traffic generated by software or bots, to increase visits to its website, views or clicks on its content and advertising formats.

The publisher acknowledges that it is solely responsible for paying the taxes and duties for which it is liable.

The publisher is responsible for harmful consequences attributable to it arising from website content or failure to comply with these terms.

The publisher undertakes to comply with European GDPR requirements by integrating a CMP into its website.

The publisher undertakes to integrate and keep up to date the ads.txt file supplied by Dev2Pub.

The publisher undertakes to comply with these terms throughout its use of the tags available on the Dev2Pub platform.

7. Declaration 

The publisher declares that it holds the intellectual property rights allowing it to create and maintain its website, and that it may freely distribute and modify all types of content forming part of it. The publisher authorises Dev2Pub to provide its platform registration information to advertisers and advertising partners.

Applicable law: These terms of use are governed by French law. The competent court is the Toulon Commercial Court.