On the internet, competition is rife, with millions of websites pursuing billions of “surfers” (website visitors/users) worldwide. The more surfers who “hit” (visit) a website, the more “traffic” it generates, thus the more valuable that website becomes to advertisers, who will pay to have their advertising “banners” (window or box-style advertising strips) or “pop-up” ads (as the name implies, the advert “pops-up” in a box or banner strip when a visitor hits the site) appear on the websites with a high amount of traffic.
Popular websites such as Google, Amazon and eBay can command huge sums for advertising banners and pop-ups on their webpages because they have millions of visitors daily.
As this Contract is drafted for the Advertiser’s benefit, the advertiser, will not only want to choose the most appropriate website for the nature of its advert but also one which has the highest number of visitors and highest ranking on search engines when searched for by internet users. These considerations are among the most important factors in deciding which website to place an advert.
Once the advertiser has identified the right website to place its advert, the advertiser will want to choose the best display location on the website (usually the home page) for its advert so as to be instantly seen by website visitors. Also, the advertiser may want a specific period of time to advertise (e.g. pre-Christmas offers) so may want exclusivity for that period with no other competitive advertiser on the website. The cost of the advert is also an essential consideration and how it is charged (e.g. per click/per impression/per period). If there is a per click charge (i.e. the advertiser pays for every visitor who clicks on their advert) this can become very expensive so it is wise to put a monetary cap on how much the advertiser wants to pay, bearing in mind that each visitor who clicks on its advert is not necessarily going to buy any of the products or services advertised.