Identity
- Industry
- Digital Advertising / Performance Marketing (B2B)
- Last Checked
- 2026-03-07
- Clause Found
- Yes
- AI Confidence
- 87%
Opt-Out Rights
- Opt-Out Available
- No
Waivers & Delegation
- Class Action Waiver
- No
- Delegation Clause
- Yes
- IP Exclusion
- No
Venue & Governing Law
- Governing Law
- Province of Ontario, Canada
- Venue Restriction
- Toronto, Ontario, Canada (exclusive venue for both advertiser-initiated and agency/media company-initiated arbitration)
- Arbitrator Authority
- Single arbitrator mutually agreed upon by the parties, or appointed by a court of competent jurisdiction if the parties cannot agree
- Jurisdiction Carveouts
- Parties may seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction
Provider & Rules
- Appeal Rights
- Judgment on the Award may be entered in any court having jurisdiction; no further appeal rights specified
Fees
- Fee Shifting
- Arbitrator may allocate all or part of the costs of arbitration, including arbitrator fees and reasonable attorneys' fees of the prevailing party
- Attorney Fees
- Prevailing party may be awarded reasonable attorneys' fees at arbitrator's discretion
Procedure
- Small Claims Exception
- No
- Informal Resolution Required
- No
- Notice Requirements
- Each party agrees it may be served with process at its address set forth on the first page of the IO
- Severability Clause
- Yes
Raw Clause Excerpt