In this Agreement unless otherwise required or indicated by the context:
· “YOPA” shall mean the YOPA mobile-based application that is located at the domain name www.itsyopa.com, including derivative mobile or web-applications for use by the Advertiser.
· “Yopa Incorporated” shall mean Your Own Personal Assistant (Pty) Ltd, a South African based private company with limited liability and registration number 2016 /361074/07 and with its main offices located at Midrand, South Africa;
· “Personal Information” means any information that may be used to identify a specific person;
· “Advertiser” means the company, entity or retailer which advertises on YOPA.
· “System Data” shall mean usage, transactional and device-related data that is collected automatically by YOPA;
· “Advertiser” shall mean any person who accesses or uses YOPA.
· “Advertiser Data” shall mean any data or content entered or captured by an Advertiser by means of YOPA.
YOPA mobile-based service
Yopa Incorporated provides a service known as YOPA, a mobile-based application designed to provide a service that connects consumers to retailers during sales, discounts and promotion periods.
This Agreement regulates the use of the mobile-based application by the advertiser, YOPA, which is developed and owned by Yopa Incorporated.
The Advertiser herewith acknowledges that YOPA and Yopa Incorporated merely serves as a linkage and connection between the Advertiser and the User and that Yopa Incorporated will in no manner or way be held liable for the conduct or lack thereof from the User or Advertiser.
Registration as an advertiser
To utilise YOPA all new Advertisers will need to register and create an account by following the prompts online. When creating an account, you (the Advertiser) must ensure you provide Yopa Incorporated with information that is accurate, complete, and current at all times. Failure to do so will constitute a breach of these Terms, which may result in immediate termination of your YOPA account.
You (the Advertiser) are responsible for safeguarding the password that you have selected to access the YOPA application. You (the Advertiser) are responsible and for any and all activities or actions performed under your profile, whether your password is stored with YOPA or a third-party service. You (the Advertiser) agree not to disclose your password to any third party. You (the Advertiser) must notify Yopa Incorporated of any breach of security or unauthorised use of your account immediately upon becoming aware of such a breach or unauthorised use of account.
After the Advertiser‘s password to their account has been entered, Yopa Incorporated will assume that any transaction made using the YOPA application is authorised by the Advertiser. If an unauthorised third party uses the Advertiser’s password to access their profile, Yopa Incorporated may process the transaction and the information provided as if the Advertiser authorised it.
Availability of the service
If the Advertiser is in an area where there is weak or limited connectivity and/or the Advertiser attempts to access YOPA whilst being offline, YOPA may not function correctly and the most recent version of the mobile application may not be accessed by the Advertiser. Yopa Incorporated will not be liable for any damages suffered by a Advertiser arising from the use of an outdated version of YOPA or from using YOPA application in an area of weak or limited connectivity or for offline access.
Standard data costs will be charged when an Advertiser utilises YOPA through the mobile based or web-based application. These costs are charged by the Advertiser’s mobile network operator or internet service provider, and Yopa Incorporated will in no way be held liable for any claim arising from these data costs including any claims of heightened data usage. Any questions related to a Advertiser’s data costs must be referred to their individual mobile network operator or internet service provider.
The YOPA service may be interrupted for one or more of following reasons, including but not limited to maintenance, repairs, upgrades, or network or equipment failures. Yopa Incorporated may discontinue some or all of our services, including certain features and the support for certain devices and platforms, at any time.
Events beyond the control of Yopa Incorporated may affect the services offered. Such events may include events of force majeure as contained herein.
Hosting and transfer of data
Data relating to the Advertiser, including Advertiser Data and System Data, may be hosted and processed in a country or jurisdiction other than the one where the Advertiser is based in, and may be transferred to suit Yopa Incorporated’s operational requirements between countries around the world that may not have the same data protection and privacy laws as in the Advertiser’s jurisdiction. Yopa Incorporated will not host or transfer such data to a country or jurisdiction that does support data protection and privacy laws to the same standard as those set out in herein.
Links to other websites
Yopa Incorporated’s service may contain links to third-party websites, services, products or applications that are not owned or controlled by Yopa Incorporated, including any third party credit card payment service. Yopa Incorporated has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Yopa Incorporated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services and you accordingly indemnify us for any such damages and/or losses.
Information that you provide
When an Advertiser registers as an Advertiser and through the ongoing use of YOPA, Yopa Incorporated shall collect information from the Advertiser and any of the Advertisers that one specific Advertiser co-opts to interact with or use YOPA or a derivative. Information that Yopa Incorporated collects includes but is not limited to one or more of the following fields:
· Personal details such as name, surname, sex;
· Contact details, such as email address and contact number;
· Preferences with respect to the use of YOPA mobile application.
Collecting of service-related information
The following types of information are collected in the background through the Advertiser’s use of the YOPA mobile application:
· System data relating to the Advertiser’s chosen device or Internet connection, such as the Advertiser’s device’s operating system, browser or IP address;
· Usage data regarding the Advertiser and the Advertisers Work Connection’s use of YOPA;
· Analytics data in aggregate and anonymous format via third party tracking services such as Google Analytics;
· Transactional information regarding payment transactions where applicable, such as payment receipts, from third parties processing any payment made by the Advertiser.
· Location of the Advertiser.
Security and protection of information
The Advertiser’s System Data are private and confidential and are treated as such. Yopa Incorporated takes all reasonable steps to secure and protect your data during hosting and transmission and to ensure that your information is handled in accordance with the Terms.
However, it is possible for Internet-based communications to be intercepted or servers to be hacked. Yopa Incorporated will not be responsible for any damages the Advertiser or any third party may suffer as a result of the hosting or transmission of confidential or disclosed information that the Advertiser make to Yopa Incorporated through the Internet, or that the Advertiser expressly or implicitly authorises Yopa Incorporated to make, or for any errors or any changes made to any transmitted information.
To ensure acquaintance with and awareness of the privacy measures and policies of Yopa Incorporated, the Advertiser is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
Using and sharing of information
Yopa Incorporated may use and share the Advertiser and System Data we collect from the Advertiser in accordance with the Agreement and for the reasons and uses as detailed below:
· To provide the Advertiser with a personalized and optimal YOPA service and experience;
· To provide the Advertiser with the necessary customer support and assistance where required or requested;
· To contact the Advertiser regarding their account or to update the Advertiser with respect to changes in prices, policies or the Terms;
· To provide the Advertiser with news and information about our products and services.
Yopa Incorporated retains the right to transfer the Advertiser’s information to a new owner if the ownership of all or substantially all of our business should change, in which case the terms of this Agreement will still apply until the Terms are updated or amended by the acquiring party upon notice to the Advertiser.
Yopa Incorporated may release account information or Advertiser Data when we believe, in good faith, that such release is reasonably necessary to (a) comply with law, (b) enforce or apply the terms of any of our Advertiser agreements or (c) protect our, our Advertisers or any other relevant third parties’ rights, property or safety.
Using data for research and benchmark purposes
The Advertiser hereby provides consent for their de-identified Advertiser and System data to be used for research. The Advertiser also consent to the use of aggregate Advertiser and System data for statistical and benchmark purposes.
Local storage is a more secure way for mobile and web-applications to store large amounts of data locally in the Advertiser’s browser without affecting the mobile application’s performance. YOPA uses local storage to store some of the Advertiser Data to improve the application’s performance and to allow the Advertiser to use the application to some extent, whilst offline when an Internet connection is not available.
Data protection and use of information
Yopa Incorporated may, if the Advertiser expressly consents to, the collecting and processing of their Advertiser Data and System Data by Yopa Incorporated to open, administer and operate the Advertiser’s profile and account; provide any combination of services or analysis linked to YOPA, monitor and analyse the conduct on the Advertiser’s profile and account for fraud, compliance and other risk-related purposes; carry out statistical and other analyses to identify potential markets and trends; and develop new products and services.
The Advertiser expressly consents that Yopa Incorporated may process and further process the Advertiser Data and System Data within Yopa Incorporated for the above purposes; disclose their Personal Information to any person who provides services to Yopa Incorporated or acts as their agent or to whom Yopa Incorporated has transferred or proposed to transfer any of their rights and duties in respect of a Advertiser’s account and/or share the Advertiser’s Advertiser Data and System Data with their services providers, locally and outside the Republic of South Africa, as necessary. Yopa Incorporated demands that any third party service provider to Yopa Incorporated agrees to their strict privacy policies if they need to access any Personal Information to carry out their services.
The Advertiser acknowledges that Yopa Incorporated will at all times remain responsible for determining the purpose of and means for processing the Advertiser’s Advertiser Data and System Data; and Yopa Incorporated is required by legislation to collect certain of Personal Information from the Advertiser, without which Yopa Incorporated will be unable to offer the YOPA services to the Advertiser.
The Advertiser agrees that they are providing Yopa Incorporated with their Personal Information voluntarily and freely.
The Advertiser herewith agrees that Yopa Incorporated will have the authority and permission to verify all information provided to Yopa by the Advertiser on registration.
Indemnity and limitation of liability
None of the content, including any information or articles published pertaining to specific aspects of the business of Yopa Incorporated, must be construed as advice in respect of such aspect. Advertisers who choose to act in accordance with the contents of YOPA, including any article published thereon, do so at their own risk. Neither Yopa Incorporated, its suppliers, employees, directors, partners, affiliates, nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any Advertiser.
Neither Yopa Incorporated nor any holding company, affiliate, agent, subsidiary of Yopa Incorporated or owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the mobile application or any third party websites or any functionality, or of any linked website to the extent permissible by law.
The Advertiser indemnifies Yopa Incorporated against any loss or damages (direct, indirect and consequential) that Yopa Incorporated may suffer because.
Amendments to the agreement
Yopa Incorporated may change, modify, add to or remove from portions or the whole of these Terms. Changes to this Agreement will become effective when the changes are posted on YOPA. Yopa Incorporated will notify the Advertiser of the changes via email or by posting a prominent notice on YOPA. The Advertiser’s continued use of YOPA following the posting of changes or updates will be considered notice of the Advertiser’s acceptance of the updated terms in the Agreement, including any changes or updates.
Complaints and disputes
Advertisers can file complaints by means of the “Feedback & Support” function under the tools menu of YOPA. Currently, Yopa Incorporated does not subscribe to any alternative dispute resolution code or mechanism and a Advertiser may approach the courts should the dispute or complaint not be resolved.
The Advertiser’s use of YOPA is dependent on factors beyond Yopa Incorporated’s control, such as the Advertiser’s network coverage or network availability as well as or their device’s proficiency and/or capacity. Yopa Incorporated is not liable of any loss or damages the Advertiser may suffer if a factor beyond Yopa Incorporated’s control arises and you cannot access YOPA.
Yopa Incorporated nor any holding company, affiliate, agent, or subsidiary thereof are responsible for any loss or damages related to Advertiser’s use of YOPA or any Intellectual Property flowing from their use. This includes, without limitation, any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.
Yopa Incorporated are not responsible for any loss or damage where:
· An unauthorised third party discovers and or utilises the Advertiser ‘s access codes;
· Any technical interruption, malfunction, downtime or other failure that affects YOPA, Yopa Incorporated’s banking system, a third-party system or any part of any database for any reason;
· Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any program or virus, the Advertiser’s own negligence; or any other reason flowing from the use of YOPA;
· Any failure or problem that affects services provided by any other party for example any ISP, electricity supplier, local or other authority; or
· Any event that Yopa Incorporated has no control over.
Confidentiality and non-solicitation
During the period of this Agreement and subsequent thereto, the parties will keep confidential and will not make use of, directly or indirectly, and will not disclose any of the parties trade secrets or confidential information including, but not limited to, technical know-how and data, plans, drawings, systems, URLs, methods, software, processes, client lists, business affairs, suppliers' lists, marketing information or financial information, or those of its subsidiary or associate companies or those of persons who have made disclosures to a party under conditions of confidentiality, other than to persons authorised by a party or those employed by a party who are required to know such secrets or to have such information for the purpose of their employment with a party.
Should a party be uncertain as to whether any information is confidential or is a trade secret, the party will in writing request a ruling from the other party.
The Advertiser will immediately inform Yopa Incorporated should it at any stage during the period of this Agreement become aware of any unlawful disclosure or use of any such confidential information by any other person. The Advertiser will deal with the issue on a confidential basis.
The obligations contained in this clause will survive the termination of this Agreement and will endure for a period of 2 (two) years after the termination.
Each party undertakes forthwith to inform the other of them in writing should any demand or request for information relating to or in connection with the subject matter of this Agreement be received, irrespective of whether such request or demand is formulated in terms of any relevant legislation, or on any other grounds.
Yopa Incorporated may suspend or disconnect the Advertiser from using YOPA if they are in breach of a clause as contained in this Agreement and do not remedy the breach within 5 (five) days after Yopa Incorporated has requested them to do so. Yopa Incorporated may still take other steps available to them, including applying to a court for an urgent interdict against the Advertiser.
The Advertiser expressly acknowledges that it is indebted to Yopa Incorporated according to terms and options chosen as set out in the “subscription” page on YOPA subject to the free trial period as specified on the subscription page.
The Advertiser acknowledges that the free trial period as set out in the subscription page is subject to change and amendment by Yopa.
YOPA requires that the Advertiser agrees to the fee structure, billing and credit rules as described in the Billing Statement provided to you by Yopa Incorporated.
The Advertiser agrees that Yopa Incorporated or its agent may undertake any necessary credit check on you (The Advertiser) or your credit card. The Advertiser acknowledges that should it not grant permission to Yopa Incorporated or its agent to do a credit check on the Advertiser, Yopa Incorporated reserves the right to prohibit access to YOPA until you (The Advertiser) has done so.
Advertisements on YOPA
The Advertiser acknowledges that it is responsible for the advertising of the items, products or services.
The Advertiser acknowledges that Yopa Incorporated may remove any items, products or services currently being advertised on YOPA should the Advertiser not affect payment as set out in the “subscription” page on YOPA and after the Advertiser provided written notice thereof 5 (five) days prior to removal.
Any product, item or service posted on YOPA is subject to the approval by Yopa Incorporated. The Advertiser herewith acknowledges that Yopa Incorporated may at any time remove an advertised product, item or service from YOPA without any prior notice to the Advertiser should the product, item or service portray any form of illegality, sexuality, harm, danger, threat, racism, sexism or any other item, product or service which is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
The Advertiser herewith acknowledges that no item, product or service which meets one of the following criteria may be placed on YOPA:
· Stolen goods.
· Illegally imported goods.
· Banned substances or pharmaceuticals that require a prescription according to South African Law.
· Pirated or counterfeit goods of any nature including but not limited to, software, Movies, Music,
Clothing, Toys, Fragrances, Watches or any item that would infringe on copyright or trademark laws.
· Goods and Services that could by nature be deemed harmful or dangerous to persons or property either directly or indirectly.
· X-rated or pornography DVD’s in accordance with the FPB Act.
· Any goods and services that are deemed as inappropriate for sale on this site at the sole discretion of YOPA.
· Goods and Services of which the sale and/or export would be in contravention of South African law.
· Offers to give away products or services for free.
The Advertiser herewith acknowledges that any information regarding the item/product/service advertised on YOPA must be a true reflection thereof which includes but are not limited to images, descriptions and titles thereof.
Upon registration on YOPA, you (the Advertiser) agrees and warrants to Yopa Incorporated as well as to the User of YOPA and any other interested party that:
· is accurate and not false, misleading, deceptive or fraudulent;
· does not breach any Intellectual Property Rights of a third party;
· is made in compliance with all applicable laws, government regulations or guidelines;
· is not forged, threatening or offensive or otherwise constitutes harassment;
· does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
· does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
· will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
· does not contain child pornography, bestiality or any other obscene or offensive material;
The Advertiser is the legal owner of the goods listed/advertised/offered on YOPA and that you have the legal capacity to conclude the sale and to pass the title in the goods to the User alternatively that you are duly authorised by the legal owner of the goods to list/advertise/offer them and to conclude sales and to duly pass title thereof whenever a valid sale is concluded;
The Advertiser will not hyperlink to or include descriptions of goods and services that you are not offering for sale and or to provide respectively;
The Advertiser acknowledges that any image placed on YOPA, will be a true reflection of the current state of the item or product on the date on which the image was posted on YOPA.
The Advertiser herewith acknowledges that it may not manipulate or abuse the listing service of YOPA to get listings featured more prominently in any way whatsoever This includes but is not limited to:
· Repeated item relisting with short listing durations.
· Keyword spamming
· Spamming categories with multiple listings of the same or similar items.
· Listing the same items in multiple categories.
· Sellers who are found to be abusing the listing service will receive a warning and could also be charged excess listing Fee.
Copyright and intellectual property
“Intellectual Property” shall mean with limitation, all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with the foregoing; copyright and copyrightable works, including, but not limited to, all copyright in any logos, devices, designs, concepts, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and Advertiser data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same.
Yopa Incorporated provides certain information on YOPA. Content displayed on YOPA is provided by Yopa Incorporated, its affiliates or subsidiary, or any other third party owners of the content. All the proprietary works, and the compilation of the proprietary works, belong to Yopa Incorporated, its affiliates or subsidiary, or any third party owners of the rights and the content is protected by South African and international copyright laws.
Yopa Incorporated may make any changes to YOPA, the content or services offered through YOPA at any time and without notice to the Advertiser. All rights in and to the content are reserved and retained by Yopa Incorporated. Except as specified in the terms, the Advertiser is not granted a license or any other right including Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content.
Subject to any Intellectual Property Rights held by any merchants or any other third parties, Yopa Incorporated will keep all Intellectual Property and Intellectual Property Rights in and to YOPA (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media).
Yopa Incorporated will allow the Advertiser a right to use YOPA which may include updates and/or upgrades, only for purposes outlined in this Agreement and for no other purposes. The Advertiser will be asked to accept any additional terms through YOPA when they apply to the Advertiser. The Product is licensed to Advertiser and they will not grant any rights of use or any other rights in respect of YOPA or any Intellectual Property Rights in it to any other person.
The license granted to the Advertiser will commence when they access the mobile based application to open YOPA and sign up to use YOPA and shall therefore continue until the Agreement or use of YOPA is terminated in line with this Agreement which will result in the inability of the Advertiser to access to the YOPA without signing in again. On termination of this Agreement, for any reason, the Advertiser must immediately stop all use of YOPA.
Certain content available on YOPA may include content that belongs to third parties. Yopa Incorporated may provide links to third-party websites, as a convenience to the Advertiser.
The Advertiser agrees that Yopa Incorporated is not liable, in any way whatsoever, for any of the following:
· The content or the accuracy of any such content belonging to third parties, including, but not limited to any merchants, featured on YOPA;
· Any illegal or irregular conduct by third parties or retailers.
· Any content featured on the third party websites that are accessed through the links found on YOPA;
· The Advertiser may not copy, republish, distribute, adapt, modify, alter, de-compile, reverse engineer, or attempt to derive the source code of or create a derivative of works or, otherwise attempt to reproduce YOPA, its contents, including any Intellectual Property there in, its design, any updates to YOPA and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on YOPA and/or any content featured on the third-party websites which are accessed through links that are found on YOPA.
The Advertiser acknowledges that:
· They will not make any representations that they have any rights of any nature in any present and/or future Intellectual Property belonging to Yopa Incorporated and/or any third parties featured on YOPA;
· They will not use Yopa Incorporated’s and/or any third party that is featured on YOPAs’ present and/or future Intellectual Property in any manner whatsoever or any other Intellectual Property which is identical, similar and/or confusingly similar thereto in any other country;
· They will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair Yopa Incorporated’s goodwill; and
· They will not use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta-tags, meta descriptors, electronic mail (email) addresses, server names, or search-engine markers or anything that is identical to, contained in whole or in part, or is otherwise similar to Yopa Incorporated’s present and/or future Intellectual Property in any country.
The Advertiser indemnifies Yopa Incorporated against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by Yopa Incorporated as a result of any third-party claims initiated and/or instituted against Yopa Incorporated relating to the Advertiser‘s unauthorised use of YOPA, the content thereon and/or any other Intellectual Property and Intellectual Property Rights flowing from the foregoing.
Any breach of the terms under this clause entitles Yopa Incorporated, in addition to their normal common law remedies, to take legal action without prior notice to the Advertiser and the Advertiser agrees to reimburse the costs associated with such legal action to Yopa Incorporated.
Feedback provided by the Advertiser to Yopa Incorporated about any aspect or feature of YOPA may be used by Yopa Incorporated without any obligation to the Advertiser.
Choice of law
YOPA is controlled, operated and administered by Yopa Incorporated from its offices within the Republic of South Africa.
The Agreement will be governed by the laws of the Republic of South Africa, and the Advertiser consents to the jurisdiction of the North Gauteng High Court in the event of any dispute.
If any of the provisions of the Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.
This Agreement contains all the provisions agreed on by the Parties with regard to the use of the content and YOPA and the Parties waive the right to rely on any alleged provision not expressly contained in this Agreement. No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, by the Advertiser shall be effective unless reduced to writing and signed by or on behalf of the Parties.
The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses of this Agreement.
Yopa Incorporated may terminate YOPA any time, without notice. In termination of the Advertiser registration to YOPA, all rights granted to the Advertiser in respect of YOPA will cease immediately.
If a Advertiser account is stopped or cancelled for any reason, Yopa Incorporated may suspend the Advertiser’s access to the YOPA, until the Advertiser has a new account registered on YOPA.
Yopa Incorporated will send any legal documents or notices to you to the email address registered on the Advertiser‘s profile or through the YOPA message system. Yopa Incorporated will regard a communication sent by email as having been received by the Advertiser one day after it was sent. Any legal document of notice to be served in legal proceedings must be written on paper
Advertiser contact information
If you have any questions about YOPA you can contact us by means of the Feedback & Support function in YOPA or you can email us at email@example.com .
Distribution and communication by email
Any email communication received from Yopa Incorporated is privileged and confidential and for the use of the intended Advertiser only. If a Advertiser receives an email in error, please notify Yopa Incorporated directly and delete the email and any attachments. Unauthorized use, disclosure or copying of the contents of an email received in error, or any similar action, is prohibited. WARNING: From time to time, Yopa Incorporated’s spam scanners may eliminate legitimate email from a Advertiser. There is a duty on the Advertiser to ensure Yopa Incorporated acknowledges receipt of the Advertiser’s instruction.