ADVERTISER AGREEMENT
This agreement shall govern participation in the Mobiads program. By participating in the program, you will be deemed to have agreed to these terms and conditions. The term ‘customer’ shall refer to any individual or entity who accepts the terms and conditions of this agreement by submitting the program registration. The program is offered to you by Mobiads.
PAYMENT TERMS
All clients are required to pay one-hundred percent (100%) of the cost of the campaign before its activation. Mobiads reserves the right to set and negotiate specific payment terms on a client-by-client basis.
In addition, if the advertiser is running a campaign of CPM banners, the campaign must either be paid in full by wire transfer or cheque.
If you use the monthly spending/budget control feature, you agree that your credit card will be charged the amount specified by you to ensure your account is not turned off when your account balance is lower than your defined monthly budget. The client acknowledges and agrees that any credit card and related billing and payment information that the client provides to Mobiads may be shared by Mobiads with companies who work on Mobiads behalf, such as payment processors and/or credit agencies solely for the purposes of checking credit and/or effecting payment to Mobiads and servicing customer’s account. Mobiads may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders or to establish or exercise its legal rights or defend against legal claims. Mobiads shall not be liable for any use or disclosure of such information by such third parties.
Trial Offers, Coupons, Credits and Special Offers. Mobiads reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The promotional credit must be applied to a new Mobiads advertiser account within 15 days of creating the account and is valid only for new Mobiads advertisers. Advertisers will be charged for advertising that exceeds the promotional credit and will need to suspend their campaigns if they do not wish to receive additional charges beyond the free credit amount. The free credit is subject to ad approval, valid registration and acceptance of the Mobiads standard agreement and terms and conditions. The promotional credit is non-transferable and may not be sold or bartered. Offers may be revoked at any time for any reason by Mobiads. One promotional credit is available per customer.
In case of any overdue payments, there will be a 5% interest rate added to the total amount. All payments should be paid within the terms agreed and due dates stated on the invoices.
Mobiads Reseller members who are using a monthly plan will be auto-charged per paying period.
REFUND POLICY
Mobiads network has a 24 hours out-clause policy. Refund is only eligible for all the remaining (non-used) funds in the advertiser’s account to the original payment method or payment method specified. Refund can only be made to the original payment source. Refund by wire transfer can only be issued if the advertisers have provided full wire transfer details.
For Customers that request a refund, there will be an additional Administrative Fee charged depending on the conditions of the refund itself. The conditions that we will charge the Customer the Administrative Fee are as follows:
The Administrative Fee, if charged, will be based on 3% of the total remainder of the Customer’s deposit.
If the advertiser is running a campaign of CPM banners with html/JavaScript codes and the campaign receives any complaints due to malware, viruses, or violation warnings, publisher has the right for immediate suspension of the campaign/account and also the remaining unused funds will not be refunded to the advertiser.
REGISTRATION
To use the service, you must submit a complete Mobiads registration form, which is available at Registration Form. As part of the registration process for the service, you agree to:
Provide certain limited information about you as prompted to do so by the service (such information to be current, complete and accurate)
Maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data (“Registration Data”).
If Mobiads discovers that any of your Registration Data is inaccurate, incomplete or not current, Mobiads may terminate your right to access and receive the service immediately with or without notice. Mobiads will evaluate the Registration Data in good faith and will notify you in a timely manner regarding acceptance or rejection. Mobiads may reject a registration application if it determines, in its sole discretion that the user is not an appropriate subscriber or user of the service. Upon acceptance of this agreement and completion of the registration process you will have opened an account with Mobiads and will become a subscriber to the Mobiads service
SITE AND CREATIVE GUIDELINES
Mobiads has a zero tolerance policy for advertisements and sites containing content that is not:
1. Mobiads will not direct visitors to sites containing content that is not appropriate for viewing by a general audience. The following are examples (including but not limited to) of the type of sites we will not direct visitors to:
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Advertisements and sites with child pornography or sites that contain links to such content
- Advertisements and sites containing or linking to software piracy
- Advertisements and sites containing or linking to any form of illegal activity (i.e., how to build a bomb, hacking, ‘phreaking’, etc.)
- Advertisements and sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
- Advertisements and sites promoting any type of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
- Advertisements and sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam))
- Advertisements and sites promoting any type of illegal substance or activity sites with illegal, false or deceptive investment advice and money-making opportunities
- Advertisements and sites with any type of content reasonable public consensus deem to be improper or inappropriate
In addition to the terms above, for CPV full page pop-under and CPM banner ads:
Your advertisement page cannot contain any other popup windows. Any additional window generated by your site shall be considered a popup window, including popups, pop-behinds, or exit popup windows. If a popup window is installed on the URL at any time, our publishers will stop your campaign immediately and any remaining credits will be forfeited. In this case, you will not be entitled to a refund.
Your advertisement page cannot have background music or sound.
You agree that you shall not include any ads (promotional creative that will be placed on Publisher sites) that have content or links to anything malicious such as malware or viruses that attempts to undermine the good faith between Advertisers and Publishers. Any attempt to introduce such ads stated above will result in immediate suspension of your account without further notice at our sole discretion, with no refund for any remaining funds. Mobiads will not be responsible, nor will be held liable, for any loss that results due to the suspension. A fine of USD 1000 will be enforced on the Mobiads user responsible for distributing said malicious ads.
2. To ensure compliance with these terms and conditions, any client that changes their content after approval for membership MUST notify Mobiads of the changes in writing IMMEDIATELY. If your site is changed during the campaign such that it includes inappropriate content, Mobiads may, in their sole discretion, stop your campaign immediately. In this case, you will not be entitled to a refund.
3. Data Reporting (Stats): All campaigns purchased on the Mobiads network are served, tracked and reported by Mobiads. For campaigns that involve third party serving/tracking, accounting may be beyond the control of Mobiads. Campaigns that use third party serving/tracking for auditing purposes may be subject to alternate or additional controls. Mobiads is the sole owner of all websites, campaigns, and aggregate web user data collected by Mobiads. Customers only have access to website and web user data that is collected as part of the customer’s campaign. Payment Liability: Mobiads reserves the right to hold the customer and any agency, broker or other authorized representative of customer jointly and severally liable for all amounts owed to Mobiads.
Mobiads, will not be held legally or financially responsible for any content submitted by an Advertiser while using our marketing services. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to use for advertising and for ensuring that such content complies with all relevant legislation, such as the local laws that they are promoting the products in (such as the age of majority, promoting illegal products, etc) regardless of the location you are setting up your advertising account/campaign in.
GENERAL
Representations and Warranties: Customer hereby indemnifies and holds harmless Mobiads and the publishers (including their successors, directors, officers, employees, agents, assigns) from and against all claims, loss, liability, damage and expense of any nature (including attorneys’ reasonable fees) in connection with the advertisement URL and its linked websites, for any actual or alleged breach of any term of this agreement. Damages: In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising there under or from the provision of services. Limitation of Liability: Neither Mobiads nor the participating sites will be subject to any liability whatsoever for:
- Any failures to provide reference or access to all or any part of the advertisement URL due to system failures or other technological failures of Mobiads or of the Internet;
- Delays in delivery and/or non-delivery of a campaign, including, without limitation, difficulties with a publisher or website, difficulties with a third-party server, or electronic malfunction;
- Errors in content or omissions in any advertisement URLs provided by the customer.
MODIFICATION
The program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the Terms and Conditions within 10 days of the date of change.
MINIMUM AGE REQUIREMENT
No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized and signed
IN THE CASE OF DISPUTE
Customer agrees to settle any/all dispute(s) under this agreement via binding arbitration in Ahmedabad, Gujarat, India.
PUBLISHER AGREEMENT
ALL HOSTS MUST COMPLY COMPLETELY WITH THE TERMS AND CONDITIONS SET FORTHIN THIS AGREEMENT. MOBIADS RESERVES THE RIGHT TO WITHHOLD PAYMENT FROM ANY HOST THAT VIOLATES ANY OF OUR TERMS AND CONDITIONS.
This Agreement shall govern participation in the Mobiads program. By participating in the Program, you will be deemed to have agreed to these Terms and Conditions. The term ‘Affiliate’ shall refer to any individual or entity who accepts the terms and conditions of this Agreement by submitting the Program registration. The Program is offered to you by Mobiads.
PAYMENT POLICY
Standard Mobiads payment rate is up to 85% of the bid price paid by the advertisers. Actual payout rates may vary with Web site performance and market conditions. Affiliate will be paid via bank transfers in USD, fifteen working days (15) after the end-of-15-days-period. Affiliates will be paid at the account level. No payments will be issued for any amounts less than USD 1000. Any publisher payment that is unclaimed 6 months after the issue date will not be compensated.
All unpaid earnings will roll over to the next pay period. All payments are based on actual as defined, accounted and audited by Mobiads. Mobiads reserves the absolute right not to issue payment to any accounts or affiliates that violate any of the terms and conditions set forth herein.
PARTICIPATION
Mobiads shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Mobiads Network
1. The following are some examples (including but not limited to) of the type of sites that are not allowed to participate in our network:
- Sites displaying child pornography and zoo sexuality, or contain links to such content
- Libellous or defamatory sites
- Sites containing or linking to software piracy
- Software trading (warez) sites
- Sites containing or linking to any forms of illegal activity (i.e., how to build a bomb, hacking, ‘phreaking’, etc.)
- Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
- Sites promoting any types of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
- Sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam)
- Sites promoting any types of illegal substance or paraphernalia or activity sites with illegal, false or deceptive investment advice and money-making opportunities
- Sites with any types of content reasonable public consensus deems to be improper or inappropriate
It is the affiliate’s sole responsibility to maintain acceptable content, as outlined in the eligibility requirements, after their acceptance to the Mobiads Network. Any violation of these rules will result in immediate removal from the Network. Your account will be cancelled and your payment will be null and void.
2. Company/Individual may not artificially inflate traffic counts using (including but not limited to) any device, program or robot.
3. Each affiliate may only hold one account with Mobiads. Publishers can have more than one URL in their account, each of which should be submitted for review prior to placing the code on each individual site
CODE PLACEMENT
Mobiads ad codes must not be modified from original format without consent from Mobiads. Affiliate agrees to use the ad code provided for displaying Creative not more than ONCE per page view. Ad codes may only appear on (root) URLs that Mobiads has reviewed and accepted for participation. Ad codes cannot be placed in email messages.
DATA REPORTING (STATS)
Mobiads is the sole owner of all Web site, campaign, and aggregate web user data collected by Mobiads. Affiliate only has access to campaign data that is collected through the use of their inventory.
TRAFFIC SOURCES
Mobiads actively monitors the traffic quality coming from your Sites for continued compliance with our policies and maintenance of our traffic quality standards. Mobiads reserves the right, at our sole discretion, to suspend delivery of Ads to your Sites, terminate your account if any of your Sites are in violation of our terms or fall below our acceptable traffic quality standards, In such cases, Mobiads shall reserve the right to withhold all payments due to you. Mobiads should also be entitled to a refund of monies already paid to you with respect to revenue earned as a result of any non-compliance of our terms.
FRAUD AND DECEPTION
Affiliates agree to not artificially inflate traffic counts using any programs (including scripts), device, or other means. Mobiads will be auditing every Affiliate’s traffic on a daily basis. Affiliates that produce commit fraudulent activities, including but not limited to false impressions, will have their account permanently removed from our Network and will not be compensated for fraudulent traffic. Additionally, Mobiads reserves the right to register fraudulent affiliates in a global ad network fraud database, for usage by other ad networks. Excessive page reloading or any other abuse of our system could result in legal action.
CONTACT INFORMATION
To insure timely payment, affiliates are responsible for maintaining the correct contact and payment information such as your name, address, etc associated with their accounts. This must be done online using the Affiliate’s account. Any and all bank/service fees associated with returned or cancelled payments due to any error in the Affiliate contact or payment information are Affiliate’s responsibility, and will be deducted from re-payment.
REMOVAL FROM NETWORK
In order to protect our clients from any forms of fraudulent actions, we may, at our discretion, terminate any accounts that we believe violates one of our rules or that has very low conversion ratios. We reserve the right to request server logs from affiliates for investigation. In the case of non-agreement between Mobiads and affiliates, the decision of Mobiads stands as the final decision. Any accounts that have been cancelled due to fraudulent activities or due to the low conversion ratios will not receive payment. In cases where fraud has occurred and payment has already been made, we may, in addition to closing the account, take legal action against the Affiliate.
Affiliates in violation of Mobiads Terms and Conditions will be immediately deactivated. Mobiads may deactivate affiliates with no prior notification, though every effort will be made to notify the deactivated Affiliate via the e-mail address provided by the Affiliate.
Publisher’s accumulated earning in six consecutive months does not meet our minimum payment amount. The publisher account will be deactivated. Earnings will be issued at the next payment period with a deduction of USD 10 processing fee.
Upon termination of an Affiliate from the Mobiads program, for any reasons and by either party, the Affiliate shall immediately remove all HTML insertion codes from all pages where the Affiliate had inserted such codes.
GENERAL
REPRESENTATIONS AND WARRANTIES
The program represents and warrants that it has full power and authority to enter into this Agreement. The program is not responsible for any content provided by third parties (including Advertisers). The program and its licensors make no other warranty of any kinds, whether expressed, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular usage, and non-infringement. Affiliate is solely responsible for any legal liabilities arising out of or relating to (i) the content and other material set forth on the Affiliate Websites and/or (ii) any content or material to which users can link through the Affiliate Websites (other than through an advertisement supplied by Mobiads). Affiliate hereby agrees to indemnify, defend and hold harmless Mobiads and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims.
DAMAGES
In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising there under or from the provision of services.
LIMITATION OF LIABILITY
Neither Mobiads nor its Customers will be subject to any liability whatsoever for
Any failures to provide reference or access to all or any part of the Website due to systems failures or other technological failures of Mobiads or of the Internet; Delays in delivery and/or non-delivery of advertisement, including, without limitation, difficulties with a Customer or advertisement, difficulties with a third-party server, or electronic malfunction; and Errors in content or omissions in any advertisement.
Public Release:
Affiliate shall not release any information regarding Campaigns, Creative, or affiliates relationship with Mobiads or its customers, including, without limitation, in press releases or promotional or merchandising materials, without the prior written consent of Mobiads. Mobiads shall have the right to reference and refer to its work for, and relationship with, affiliate for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual agreement of Mobiads and affiliate.
AUDIT
Mobiads shall have the sole responsibility for calculation of affiliate earnings, including Impressions and geographic statistics.
PRIVACY AND OPT-OUT
Affiliate shall support Mobiads commitment to protect the privacy of the online community; such commitment is set forth in Mobiads Privacy Statement, which is hereby incorporated into this Agreement.
MODIFICATIONS
The Program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change.
MINIMUM AGE REQUIREMENTS
No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized and signed.
BLACK LIST SITES
Any pay to click, read and related sites.
CASE OF DISPUTE
Affiliates agree to settle any/all dispute(s) under this agreement via binding arbitration in Ahmedabad, Gujarat, India.
