TERMS AND CONDITIONS
User Agreement for Affiliate Program
This User Agreement (subsequently ‘agreement’) is made between Advertmobi (subsequently ‘company’ or ‘we’) and the user (subsequently ‘user’, ‘you’, ‘affiliate’), the person who is showing the willingness to become an Advertmobi affiliate. All statements of this agreement are related to the cooperation with the Affiliate Program (publishers.advertmobi.com). One can get an Affiliate Program offer (‘offer’) directly from Advertmobi or any other party (each party is a ‘client’). There can be the link to the particular site as consistent with the Affiliate Program Offer (‘program website’). Each offer can contain its own statements which are associated with the general Agreement. By sending the request for participation to us or by acceptance of the offer, you confirm your agreement with all following statements:
1. Participation in the Affiliate Program
To start with, one must send the request on our site. Make certain that your application is accurately completed and you submit only true and updated details, without the usage of pseudonyms or any other fake data, to purposely conceal your true identity and contacts. After an obligatory review and verification of your application, you will get a confirmation or renunciation according to your future participation in the program. Generally, it takes two business days to check a request. We may either enact or refuse your request for any reason we count as convincing.
2. Liabilities of Parties
As you are accepted as an affiliate with your consent of all statements of the Agreement, Advertmobi acknowledges the following:
1. As a participant of the program, you will get the necessary textual and graphic links and other essential materials (subsequently ‘links’) from the program website, which you have the right to display on any other resources owned by you, in your e-mail correspondence, and in online advertising (subsequently ‘media’). Provided links will show you as the participant of the program and will establish a connection between the media you use and the program website.
2. Affiliate will get the payment for every assigned action (subsequently ‘commission’). An assigned action means the following: 1) a person who uses the link to get access to the program website; 2) a real human being, not a robot or any other meaning of fraud, automation, computer script, etc.; 3) no usage of pre-populated fields; 4) confirmation of all actual detail in the appropriate period of time set by the company; 5) was not later refused to come on as an affiliate because of fraud, duplication, providing incomplete data, and so on.
3. You will receive monthly payments in case your account contains more than 0 USD. Accounts with a negative balance will be extended till the next month and will continue until there is more than 0 USD on it. The company is entitled to take back already made payments for the assigned actions which were qualified as inappropriate.
4. Commissions are passed from the clients who provide such funds to the company. Advertmobi is responsible for commissions only till it receives particular resources from the clients. If the company does not receive the resources from the client to pay commissions, you have no right to acquire them.
5. The company is entitled to provide invoices on behalf of the affiliates for all commissions which should be paid as consistent with the agreement, as well as the payment itself, according to the set invoice. All tracking of referrals and definitions for assigned actions are made by Advertmobi in its reasonable discretion. In case any share of the invoice becomes the reason for claims, affiliate has to submit his claim in a written form within 30 calendar days since the date of the invoice issuance. If an affiliate does not act in accordance with the above mentioned, he/she automatically renounces all aspirations regarding to set invoice. In case an affiliate indicates at the discrepancy in data from Advertmobi, he/she may ask for substantiations. Advertmobi is liable to send the proof report to affiliate within 3 days after the last day of calendar month. It is essential to compare affiliate’s and company’s data and if there is a difference of more than 10 percent (in case the affiliate uses lawful and appropriate methods to track the assigned actions), then Advertmobi and affiliate have to come to an agreement and find the right solution that will be suitable for both sides. If it is impossible to make a bargain, then the company is considered to be a prevailing side.
6. If affiliate has an outstanding balance according to any agreement between them and the company, whether it is related to the program or not, affiliate confirms the title of the company to charge the appropriate amount, as consistent with the agreement.
Affiliate agrees with the following:
7. Affiliate is fully liable for the development, operation, and procurement of all content linked to the media.
8. Make certain that all content which is posted on the media or connected to program otherwise: 1) are all legal; 2) do not break the law of intellectual property or infringe any other party; 3) do not maintain or give the access to any forbidden content such as violence, harassing, harmful, discrimination, adult content, etc. as well as promotes illegal actions (such as gambling for instance) or contains any other matters which can be considered as inadmissible (subsequently ‘inadmissible content’).
9. Do not provide any statements and declarations according to Advertmobi and its clients, products, and services unless it is stated herein.
10. Make certain that you use only original materials which are not comparable to the program website or the company or make such an impression. The application of corporate materials is allowed only upon the written permission one has to obtain beforehand.
11. Comply with all statements of this agreement as well as the laws, regulations, and standards of the industry, while making your business, creating your media, or using your links.
12. Comply with all terms, guidelines, and statements used by the other parties (internet providers, social media services, advertising networks, etc.) that affiliate cooperates with, in connection with the program.
14. Always share in time and make available for users, all statements as consistent with the offer set by the company or clients or regarding the effective legislation.
15. Make certain not to place Advertmobi advertising on any other platform.
The following specific statements are made in addition and have to be applied to any program set below:
16. E-mail advertising campaigns. To provide the e-mail advertising campaign, affiliate has to download a specific ‘Suppression List’ from the website. Affiliate has to compare their e-mail list with the ‘Suppression list’ and withdraw all inappropriate addresses. The company supplies an opt-out method in all links. In case of any opt-out requests coming in, they should be directed to the following e-mail: firstname.lastname@example.org. Affiliate’s mailing with the links can contain only them and no other content, except the data sanctioned by the company.
17. Affiliate confirms that the failure in the “Suppression List’ download and remaining forbidden emails in the mailing list, may cause the commission deducting, total, or partial removal from the program, proceeding, or any other legal remedies according to the agreement between parties. Affiliate agrees not to mail or spread suppression files made through the Advertmobi network. Such action also may cause the commission deducting, total,or partial removal from the Affiliate Program, proceeding or any other legal remedies as consistent with the agreement between parties.
18. Advertising campaigns. Affiliate has no title to use any links for publishing on bulletin boards, chats, or blogs unless it is agreed with Advertmobi in a written form beforehand. It is allowed to use only clearly identified pop-ups/unders of the program. Affiliate should take care of the proper installation of the advertising service software on the computers of users. The meaning of such installation has to be clearly described to users before the installation. If the installation is accepted accordingly and meets the requirements of Users’ License Agreement, affiliate should take care of the possibility to easily remove the software from the users’ computers if necessary.
19. Mobile affiliate networks. All affiliates who have their own affiliate networks have to place the link in their network (subsequently ‘network’) for free access and usage of all other affiliates (subsequently ‘other party affiliates’). Affiliate confirms that he will disallow any other affiliate to change the links in his network. Affiliate has to keep the cooperation with the network up to the highest standards of the area. It is interdicted for any person to become another party affiliate in case he uses inadmissible content on his web site or in his business. All other party affiliates have to cooperate with the main affiliate. Affiliate must confirm that all other party affiliates accept the agreement and all statements of the program. Affiliate has the title to stop cooperation immediately with the other party affiliate who has broken or is about to break the statements of the program and statements of the following agreement. If affiliate finds out illegal actions of the other party affiliates or the way they do not follow the agreement, he has the title to inform Advertmobi about the violation, providing identity, and contact details of such other party affiliate. Since Advertmobi is informed, affiliate has to wait for the written notice from the management and till then, should remove the access of the other party affiliate to the network, its content, and new offers from the company. Affiliate is fully liable for activity of the other party affiliates as soon as they accept the statements of the following agreement and provide full and real details about their identity and contacts.
3. Confidentiality Policy
While dealing with the Company , affiliate is obliged to keep all data, which is used in the course of his activity, completely confidential and secret except if otherwise pointed out in the agreement or confirmed by the company. All data means all kinds of business and financial details, lists of suppliers and consumers, sales and pricing data, etc. Affiliate cannot use, knowingly or not, any information which is provided according to the program, except in the situations when such data has already been made public by the other source. Affiliate has no title to pass any data to the competitive programs or agencies and to help the other affiliate to associate with the competitors with the meanings of the active program.
4. Intellectual Property
The company gives affiliate a nonexclusive and non-transferable title to use the links and the site through the links according to the statements of this agreement, purposely to identify your media as a part of the program and the tool for increasing of sales on the program site. You have no title to change or copy any materials owned by Advertmobi. You only have the title to use such materials as a part of the program. The company may stop its activity anytime and inform you about this through a written notification. Except for the situations stated in the agreement, affiliate has no rights for the company’s trademark, secret data, patents, or copyrights. Affiliate agrees that any of his comments or suggestions may be used without the revenue. All rights to the related intellectual property are owned by Advertmobi.
This agreement is considered as active from the date of the affiliate request approval and shall continue until it is cancelled, as it is pointed out in the following statement. Affiliate has the title to stop his participation anytime. According to this,affiliate has to delete all links and their copies from the used media. The company can annul the participation of affiliate anytime, in all or separate offers or the whole agreement, by any reason. In such case, affiliate has to withdraw all links from his media immediately and stop the usage of Advertmobi intellectual property and the ones which are owned by the clients. All rights to assessed payments and any provisions shall stay active after the annulment of the agreement.
In addition to all remedies available to us, as consistent with the following agreement, Advertmobi has the title to cancel any actions represented through affiliating links and stop paying commissions or withdraw already paid commissions to affiliate in case of 1) determination of the agreement violation; 2) receipt of any complaints about affiliate’s activity in obedience to this agreement; 3) determination of any assigned action of affiliate which is at odds with the statements of the valid agreement. The cancellation or withdrawal of the paid commission should be made whether such payments were provided as a result of the violation or not. In case of the violation of any statements of this agreement, the company has the title to transmit your personal details and contacts to the appropriate legislative body or controlling authorities or any other party which received direct damage from your activity.
7. Anti-spam Rules
Affiliate’s activity must correspond to CAN-SPAM Act of 2003 (subsequently used as ‘act’). All mailing sent by affiliate has to contain the appropriate link. Advertmobi has the title to check your mailing anytime in order to give the approval that the data you use can be transmitted to the third parties. Affiliate is obliged to provide e-mails in full obedience to the act. You have the title not to agree with the company’s approval rather than issue any claims that you act in accordance with the act based upon company’s approval.
Affiliate is forbidden to use any means of the program for fraud or law violation, as well as to use the other affiliates and the other parties or deceptive methods, to get the access to the program in case it was blocked for any reason. Such methods include but are not limited by the usage of automation to increase the amount of clicks, the usage of spy and steal ware, cookie-changing, or any other fraudulent act which breaks the statements of the agreement. Advertmobi has the title to define the fraudulent actions by its own means.
Advertmobi confirms that this agreement endows affiliate with the legal and valid obligations enforceable according to the statements of the agreement and provides you with the authority to participate in the program. Advertmobi guarantees that the company shall not knowingly break any law or violate any standards or rules which are used in obedience to the company’s business practice and products/services.
The company has the title to change any statement of the following agreement by sending the appropriate notification to affiliate. Such changes come into action 10 days after the notification is sent. If affiliate cannot accept the changes to the agreement, he has the right to stop his participation in the Affiliate Program without penalty in the 10-day period. If the company receives no additional information from you in the period of 10 business days, you are concerned to continue your participation in the program. In addition, the company has the title to change any piece of the offer or link as well as all other materials, textual or graphical, connected to the link. Affiliate is obliged to strictly follow Advertmobi instructions and remove or/and change all links or related materials upon the request of the management.
11. Independent Decision
Affiliate confirms that he has read all statements of the following agreement and agrees with each one completely. You have to solely decide to take part in the program and not to rely on any existing statements or guarantees unless they are set in the following agreement.
12. Mutual Indemnification
Affiliate confirms his agreement to indemnify and defend the company, its clients, and any materials related to its activity from any damage based on 1) the breach of the any statement of the agreement by any action of affiliate; 2) any misuse by affiliate of any materials provided by the company in accordance with the program; 3) all claims related to the posted media or any content which contains such media (apart for the links). Advertmobi confirms its agreement to indemnify and defend affiliate, all related bodies, and materials from any damage based on the claim that the company is not authorized to render you with the appropriate materials for your participation.
The program and all products/services afforded in connection with it are given to affiliate as is. The company disclaims all liability and gives no warranties in obedience to any means of trade activity, cooperation, and participation. The company cannot guarantee that provided data or activities will correspond to requirements of affiliate or that all operations of the offers and links will be free of errors and interruptions. The company is not liable for the actions of the partners, affiliates, or clients connected with its products and services. Advertmobi cannot guarantee any commissions to affiliate.
14. Limitation of Liability
The company is not liable for the unavailability or inoperability of the related links, sites, platforms, or damage of any kind directed to data, computer safety, and client’s activity. The company disclaims all liability in accordance of injury or death which may be directly or indirectly caused by the inappropriate usage of the means of the program and the company itself. The company also has no liability in obedience to the loss of profit or business possibilities, even in the case that such damage can be foreseen and the company has the information about such situations beforehand. All commissions in obedience to the certain claims should be paid by the company to affiliate within 6 months after the date of the claim confirmation.
15. Regulating Laws
Affiliate shall bear all costs connected with the additional expenses caused by the breach of the stated agreement. The agreement contains all necessary statements according to cooperation between the company and its clients with respect to the subject and both sides and supersedes prior written or oral arrangements. Affiliate confirms his agreement that Advertmobi should not be the subject of any claims. Affiliate has the title to assign any statement of the agreement without prior confirmation of the company. Advertmobi can change or modify this agreement with the ulterior notification of affiliate. The agreement is obligatory for all parties which participate in accordance to the program. The statements of 3, 4, 6, 7, 8, 12-15 should stay active even after the annulment of the agreement. Except for data provided in the ‘Changes’ sections, any statement of the agreement can be changed without the prior notification of both sides. If any statement of this agreement was classified as invalid, all other statements should continue to be taken into action and to change the invalid statement as soon as possible. Each party of this agreement is an independent partner according to the other party and with respect to all statements of the program. Nothing in this arrangement should be accounted as an establishment of the co-partnership or any business relationships between any parties. No course of dealing and no delay in the execution of particular titles and obligations shall be concerned as the cancellation of such titles and obligations. No waiver of breach should be accounted as any other waiver of breach. By participation in the program, affiliate proves that he has read the following agreement in full and has complete acknowledgement with all its statements. If you cannot accept any statement of the agreement, you cannot participate in the program. If affiliate represents any business organization, he has to affirm that he is authorized to participate on behalf of such organization and that the business which he represents has the legal capacity to participate in the program.
The agreement was updated on November 12, the year of 2018.