TheMobiAdz registered at 1303, Aggarwal Corporate Heights, Netaji Subhash Place, New Delhi 110034, India manages the Affiliate Network at www.themobiadz.com and provides the Publishers with the opportunity to work with Affiliate Programs of the Advertisers of the TheMobiAdz Affiliate Network. To participate in the TheMobiAdz Affiliate Network, the Publisher agrees to unconditionally abide by these Terms.
The participants of the Affiliate Network Are Advertisers, Publishers, and TheMobiAdz.
Advertisers are the persons who define the terms of Affiliate Programs and provide opportunities for advertising their goods and services through various advertising media and the provision of Ad Creatives. The Advertisers provide Ad Creatives such as graphic banners, text links, Tags, XML Feeds for product catalogues and other types of Ad Creatives.
Publishers are the persons placing Ad Creatives at their declared Ad Spaces.
1.1. To participate in the Affiliate Network, the Publisher submits a registration form on the registration page of the www.themobiadz.com domain.
1.2. Registration is available to persons who have reached the age of 18.
1.3. By submitting the registration form, the Publisher is acknowledging these terms and is also agreeing to the terms of TheMobiAdz Privacy Policy which can be found at https://www.themobiadz.com/privacy/. Thus, the Publisher is accepting the Agreement (offer) on his/her participation in the TheMobiAdz Affiliate Network.
1.4. If these terms are met, the Publisher receives a confirmation letter to the e-mail address specified by him/her upon registration. Further, the participant must complete the registration process in order to be able to work in the Affiliate Network.
1.5. TheMobiAdz reserves the right to deny the Publisher to participate in the Affiliate Network with no reasons given.
1.6. After completion of the registration process and activation of the account, the Publisher may use the services of the Affiliate Network. The Publisher may change the data provided upon registration in his/her personal account. The exception is his/her login.
1.7. These Terms shall prevail over any terms provided by the Publishers.
2.1. TheMobiAdz use and operates an Affiliate Network on the www.themobiadz.com domain. The participants of the Affiliate Network Are Advertisers, Publishers, and TheMobiAdz. Publishers are individuals or legal entities that provide space for advertisements on their Ad Spaces.
The Advertisers are legal entities that provide (having the relevant right) the opportunity to advertise products and/or services with the help of the TheMobiAdz Affiliate Network through so-called Affiliate Programs using Ad Creatives.
2.2. Publishers shall place the Advertiser’s Ad Creatives on their declared Ad Spaces. When a user arrives at the Advertiser’s website through an Ad Creative placed on the Publisher’s Ad Space and makes there a Deal that ends with payment, the Publisher’s advertisement shall be considered successful and the Publisher shall receive a pre-agreed reward. A “Deal” means an action that gives the Publisher the right to receive the reward. These can be actions such as Software or Application installs, buying goods, ordering and/or purchasing services, registering, subscribing to newsletters, etc. The essence of the Deal paid in the form of a reward by the Advertiser shall be specifically defined in the description of each program. A combination of several types of Deals is also possible.
2.3. When entering into this Agreement, the Participants are notified and agreed that TheMobiAdz tracks and logs all Deals, and provides the Publisher with the information to that effect, as well as calculate the amount of the rewards. The Advertiser shall make the final decision on whether or not the Deal actually took place.
2.4. TheMobiAdz Affiliate Network constantly develops and improves its services. In this connection, TheMobiAdz reserves the right to fully or partly stop the provision of one of the services, if it is necessary for the performance of maintenance works, improvement of the service functions or change of the service provided.
2.5. TheMobiAdz shall have the right to suspend payments to the Publisher in the event of an objective suspicion of violation of these terms, as well as to verify the Publisher’s specified data and/or the Publisher’s traffic quality.
3.1. All Ad Spaces that comply with applicable laws and regulations of this Public Agreement, Privacy Policy and have been approved by TheMobiAdz moderators are allowed to participate in the Affiliate Network.
3.2. Ad Spaces under construction are not allowed to participate. It is also forbidden to buy traffic in Active Advertising Systems (CAP, WmMail, Seosprint, etc.), Buxes and similar systems.
3.3. The Publisher shall submit the request for participation in the Affiliate Program, thereby recognizing the possible additional Program Terms of participation therein, that the Advertiser may add to the description of his/her program and which will be displayed to the Publisher. Such Program Terms are considered an addition to the TheMobiAdz Terms. The Publisher agrees that the Program Terms can change at any time, and undertakes the responsibility to monitor such changes. By continuing to participate in the Affiliate Program, the Publisher automatically agrees to the Program Terms thereof.
3.4. Only the Advertiser shall make the decision to admit the Publisher to the partnership. The Publisher does not have a legal basis for obtaining such an admission if the opposite decision was made.
3.5. TheMobiAdz reserves the right to request data on the traffic source and access the statistics of the Ad Space, while limiting the Publisher’s participation in the TheMobiAdz network. In this case the Publisher must provide the requested data within 14 days; otherwise,TheMobiAdz reserves the right to stop displaying the advertisements on the Publisher’s website and/or to take other measures to protect the interests of the Advertisers, whose advertisements are displayed at the Publisher’s spaces.
3.6. TheMobiAdz shall have the right to request from the Publisher documents and data necessary to confirm the validity of information about the Publisher. By accepting these Terms, the Publisher agrees that s/he will, consciously and with unequivocal consent, provide data to TheMobiAdz. The Publisher’s refusal to provide data is considered as a refusal to participate in the Affiliate Network.
4.1. The Publisher is obliged to strictly follow these Terms and to ensure that the data provided by him/her to TheMobiAdz by any means, including the registration form, are complete and true. If any of these data are changed, the Publisher shall, within 5 days from the date of the change, make the relevant changes thereto in his/her personal account.
4.2. The Publisher undertakes to strictly store his/her data (login and password) for access to the TheMobiAdz Affiliate Network and not allow the transfer thereof to third parties. The Publisher is solely responsible for the safety of the login and password.
4.3. The Publisher guarantees that he/she has the necessary rights to conduct marketing activities on the Ad Spaces. He/she shall bear any legal and property liability for what happens on his/her Ad Spaces.
4.4. When using Ad Creatives on the Ad Space, the Publisher undertakes not to violate the rights of the third rights holders to the trademark, brand, personal rights and other rights without the permission of the rights holders in accordance with the current legislation. The Publisher agrees not to use on his/her Ad Space the content that violates applicable laws or leads to pages that violate applicable laws. When emailing promotional materials containing the Advertisers’ Ad Creatives, the Publisher is prohibited from using spam. To send promotional materials by email the Publisher must obtain the consent of each recipient and provide TheMobiAdz with the relevant evidence upon request.
4.5. The Publisher agrees not to take any action that affects the operation of the TheMobiAdz Affiliate Network. Such actions include the attempts to technically influence the efficiency of the servers of the Affiliate Network, the attempts to hack the security mechanisms, to use viruses, trojans, and other malicious programs for any purpose. This shall also include brute force attacks, DoS (DDoS) attacks, spam, the use of links and any other processes that may damage the operation of the Affiliate Network.
4.6. The Publisher may have only one account. One account per one individual or one account per one legal entity may be created. If an individual performs official duties on the staff or for a legal entity that has an account in the TheMobiAdz Affiliate Network, then it is prohibited for him/her to create a personal account as an individual to perform his/her official duties for the legal entity.
4.7. The Publisher undertakes to thoroughly study and execute the Programs Terms and refer to them during the entire period of placement of the Ad Creatives. The Publisher agrees that if she/he fails to perform this duty, his/her access to the relevant program may be suspended. In case TheMobiAdz or the Advertiser suffer losses caused by the publisher’s violation of the Program Terms, the relevant amount will be deducted from the Publisher’s account. In the absence of funds on the Publisher’s account, the Publisher undertakes to reimburse such losses at the request of TheMobiAdz within 10 days.
4.8. The Publisher, at the request of TheMobiAdz or the Advertiser, undertakes to check the Traffic Source and provide all requested files, documents, etc., otherwise, the Publisher’s access to the relevant Program may be blocked and appropriate sanctions may be applied.
4.9. When creating any Ad Creatives, the Publisher is prohibited to use Ad Creatives and Trademark other than the Trademark and the Ad Creatives that were uploaded by the Advertiser in the TheMobiAdz system, unless otherwise specified. In the case the Publisher creates Ad Creatives and distorts Ad Creatives provided by the Advertiser, the Publisher is entirely responsible for placing these Ad Creatives as an owner and distributor in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial, to settle all other disputable situations, including the situations with state authorities and third parties (Advertisers).
4.10. The Publisher agrees to provide TheMobiAdz with any requested documents necessary to confirm the information about the Publisher.
4.11. The Publisher is notified and agreed that TheMobiAdz has the right to pay the Publisher a reward only after the Advertiser wires a payment for the provided services to the TheMobiAdz settlement account.
5.1. To make Deals by methods or means that violate the current legislation, the Agreement or the Program Terms.
5.2. To simulate Deals by entering knowingly incorrect, non-existent or someone else’s data unbeknownst to their owner when ordering goods or services by any means.
5.3. To use the advertising methods that force the visitor to perform actions by deception, blackmail or any other actions that violate the visitor’s freedom of choice.
5.4. To use the data of the Advertiser or a third party protected by a registered trademark, copyright, other legally registered rights of the holder, for purposes other than the purposes of this Agreement. In the case of using the Advertiser’s trademarks and ad creatives for purposes other than those specified in this Agreement, the Publisher is fully responsible for such placements in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial ones, to settle all other disputable situations, including with state authorities and third parties (Advertisers).
5.5. To use promotional materials, including a brand of one Advertiser to promote the site of another Advertiser.
5.6. To use any technology and types of cookie stuffing (cookie dropping). It is prohibited to use scripts that set in the user’s browser cookies of the websites that the user did not visit. It is prohibited to rearrange, substitute or overwrite the user’s cookies with others that do not belong to the websites that the user visited, as well as substitute cookies using pop-ups, iframe, or by inserting the URL of a third-party page as a picture on an existing website.
5.7. To register and/or use for promotion domains similar to that of the Advertisers’ websites.
5.8. To use the registered Ad Space with a specific declared traffic source for attracting a different type of traffic.
5.9. To delete an account with the negative balance and/or publisher’s debt to TheMobiAdz.
5.10. To register as a publisher for TheMobiAdz employees and employees of all the TheMobiAdz-affiliated companies for the duration of the contract period.
5.11. If the violations described above are detected, the Publisher’s account is immediately blocked and all earnings earned as the result of these violations are transferred to the Advertiser. The Publisher is notified of the decision by the administration. After the account is blocked, it is impossible to create another one.
5.11.1. For the above violations, the Publisher must pay a fine of $500. If as the result of the Publisher’s violations, a third person initiates an administrative or any other lawsuit against TheMobiAdz, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.
6.1. The Publisher shall receive a reward from TheMobiAdz, which directly depends on the success of his/her advertising campaigns.
6.2. In each separate case, the reward amount is determined by the type of paid action and the rate set by the Advertiser for this action that is effective at the time of performing this action. The Advertiser has the right to change the rates, but the new rates do not apply to already performed actions. The Publisher does not have the right to demand a different rate for him/her. The Publisher undertakes to become familiar with the current rates in the interface of the TheMobiAdz Affiliate Network. Submitting an application for joining the program indicates the agreement to the current rates. The minimum withdrawal amount should equal or exceed the amount specified in the signed agreement.
6.3. Except for the agreed reward, the Publisher is not entitled to reimbursement of costs incurred for the bank transfer, for the use of third-party services or programs that are not provided by the TheMobiAdz Affiliate Network, even if these costs are related to his/her advertising activities within the TheMobiAdz Affiliate Network.
6.4. The right to receive the reward is exercised only if all the following conditions are fulfilled:
6.5. TheMobiAdz maintains an internal settlement account for each Publisher that is used for carrying out all accrual and payment operations.
6.6. The interest on the reward amount is not paid regardless of the payment date.
6.7. The Publisher is liable to pay any taxes related to their participation in the Affiliate Network or the services provided.
6.8. The Publisher undertakes the full responsibility for provided payment information and confirms that it is true, complete and accurate. All payments will be made with the use of this payment information. TheMobiAdz is not obligated to take steps to verify the accuracy of payment information provided by the Publisher.
6.9. The Publisher will immediately repay any amounts paid to the Publisher in error, or other than in accordance with the Publisher’s rights under this Agreement.
7.1. This Public Agreement is concluded for an indefinite period of time.
7.2. The Parties may voluntarily terminate the Agreement at any time.
7.3. The Publisher may terminate the Agreement in his/her personal account by clicking the “Delete account” button in the General settings except as specified otherwise in clause 5.9 hereof this Agreement.
7.4. TheMobiAdz shall have the right to delete the Publisher’s account and data from the system in the following cases:
After the expiration of the above-mentioned period, TheMobiAdz shall notify the Publisher that in case of inactivity and non-use of the account, TheMobiAdz will delete the Publisher’s account in 180 days from the date of notification, and the remaining funds will be written off in favour of TheMobiAdz.
After 180 days from the date of notification and non-receiving the Publisher’s feedback, TheMobiAdz shall delete the Publisher’s account and data, and the remaining funds shall be written off in its favour. The Publisher agrees and is notified that he/she has no right to restore the account or return the funds, after the expiration of the above terms and the deletion of the account.
7.5. In case the Agreement is terminated due to violations of these Terms by the Publisher, she/he shall pay the debt (if any) and the penalty specified in these Terms in accordance with clause 5.11.1.
8.1. TheMobiAdz shall store and process only those data that were specified by the publisher in the registration form and in his/her personal account or that were obtained from the Publisher during his/her participation in the TheMobiAdz Affiliate Network.
8.2. The Publisher agrees to comply with all laws, rules, policies and confidentiality provisions effective in the regions where the services are provided
8.3. The Publisher undertakes to comply with all laws, including the GDPR and EU privacy laws, and perform the following actions:
8.4. The Publisher undertakes not to make any actions that may lead TheMobiAdz to a breach of the current Data Regulations Law.
8.5. TheMobiAdz and the Publisher undertake to comply with the data protection laws.
Depending on the jurisdiction the Publisher may be obliged to inform visitors of his/her website about cookies that are used on the website, including those placed by TheMobiAdz (so-called third-party cookies). A Publisher must explain what cookies s/he and/or third-parties set in the user’s browser and for what purposes this information is collected. Also, the Publisher undertakes to obtain a preliminary, freely presented, specific and informed, unambiguous and revocable consent from users before setting any cookies in their browsers. The consent should also apply to the cookies that are set by TheMobiAdz after a certain action (click).
9.1. Each party undertakes to use Confidential Information only for the performance of its rights and obligations hereunder. The Parties undertake not to disclose Confidential Information.
9.2. The following information will not be considered confidential:
9.3. When deleting the Publisher’s account, TheMobiAdz shall also delete all personal data of the Publisher, except for the login and the statistics data.
9.4. The provisions of Article 10 are valid for 5 years from the termination of this Agreement.
10.1. The information obtained during the participation in the TheMobiAdz Affiliate Network is allowed to be used exclusively with the TheMobiAdz Affiliate Network. Transfer thereof to third parties and use for other purposes is prohibited.
10.2. The TheMobiAdz Affiliate Network and the components thereof (products and applications) are protected by the current legislation in the field of copyright and related rights.
10.3. TheMobiAdz provides the Publishers with temporary, non-exclusive right to use the provided services and applications and the data contained therein exclusively within the framework of participation in the TheMobiAdz Affiliate Network. In case of termination of the Agreement, this right loses its validity.
10.4. Other ways of using information are prohibited. The Publisher is STRICTLY PROHIBITED to transfer wholly or partially the rights to use the services, applications and data granted to him/her to third parties, provide access to them, modify or otherwise process them, transfer them in other forms or create their own databases or information services based on them.
10.5. In case of violation of these rights of use, TheMobiAdz reserves the right to use other remedies, except for the termination of the Agreement. If as the result of the Publisher’s violations, a third person initiates an administrative or any other lawsuit against TheMobiAdz, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.
11.1. TheMobiAdz shall not be liable for any damage or interference caused by the content of third party web pages, software errors or hardware of participants of the Affiliate Network, or for damage caused by insufficient availability or the limited functionality of the Internet.
11.2. TheMobiAdz is responsible for:
11.3. The liability under clause 11.2 is limited to the compensation of actual damage, which will be determined by the participants or by a court decision.
11.4. The above limitations of liability do not apply in the case of mandatory legal liability and do not limit or exclude the TheMobiAdz liability in the event of harm to life or health.
12.1. TheMobiAdz reserves the right to change the provisions of these Rules without justification and at any time. Notification of changes can be sent by e-mail two weeks before their entry into force. Publisher shall be solely liable for regular familiarization with these Rules.
12.2. The use of the TheMobiAdz Affiliate Network by the Publisher after making changes to these Rules indicates the Publisher’s consent to the changes and willingness to assume the obligations specified in these Rules. Disagreement with the changes in the Rules entails the termination of this Agreement, as well as the termination of work with the TheMobiAdz Affiliate Network.
13.1. Subject to any agreement to contrary, the agreement shall be governed by and construed in accordance with laws of India.
13.2. Any dispute, disagreement, claim or other difference arising out of or in connection with the agreement shall be resolved in accordance with Dispute Resolution mechanism provided hereinafter.
13.3. If Parties are unable to resolve any Dispute through good faith discussion, either Party shall be entitled to refer such Dispute to arbitration by serving notice on other Party. arbitral tribunal shall consist of three arbitrators. Each of Parties shall appoint an arbitrator and two appointed arbitrators shall appoint presiding arbitrator. If either Party refuses or otherwise fails to appoint an arbitrator within 30 days of date it receives notification from other Party of identity of other Party’s arbitrator, then first appointed arbitrator shall be sole arbitrator, provided that arbitrator was validly and properly appointed.
13.4. The Parties agree that proceedings shall be governed by provisions of Arbitration and Conciliation Act 1996 of India (or any statutory modification or re-enactment of for time being in force). language of arbitration shall be English. venue for such arbitration shall be New Delhi.
13.5. The arbitration award shall be final and binding on Parties. Right to refer any Dispute to arbitration pursuant to the Clause shall survive even after expiry or termination of the agreement.
14.1. If certain provisions of these Rules become invalid in whole or in part, the validity of remaining provisions shall not in any way be affected or impaired. The position that has become invalid is considered replaced by another one, the closest in meaning and scope. This also applies to possible missed provisions of these Rules.
14.2. The rights and obligations resulting from these Rules may be transferred to a third party only with the consent of TheMobiAdz.
14.3. To use the services of the TheMobiAdz Affiliate Network, it is required to use certain technical means and software packages, telecommunication networks and services of third-party organizations. TheMobiAdz shall not be liable for the resulting costs, possible damages, and interference.
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