Terms & Conditions

These Terms and Conditions ('the T&Cs') constitute a legally binding agreement between MobioNetwork ('the MobioNetwork') and Affiliate ('the Affiliate'). Additional terms of specific Offers can be described in an Offer Description or in an Insertion Order ('IO'), which refers to this Agreement.

1. Definitions

   • 'Advertiser' – MobioNetwork's client promoting its products through MobioNetwork's Affiliates.
   • 'Affiliate' – an individual or a legal entity registered with MobioNetwork, who drives the end-users to make the Actions by placing Banners within a Traffic Source.
   • 'Action' – an action defined in the Offer Description, which is made by an end-user via a Tracking Link.
   • 'Banner' - marketing messages to end-users in different graphical forms such as a text, audio, visual or audiovisual content, motivating them to perform the Action.
   • 'Offer' – a proposal made to the Affiliate that expresses readiness to pay money to the Affiliate for Actions.
   • 'Offer Description' – a description of the specific terms of the Offer including but not limited to description of the allowed Traffic Sources, Targetings and Actions etc.
   • 'Traffic Source' - web, mobile or other resources in the Internet where the Affiliate publishes Tracking Links and Banners.
   • 'Tracking Link' – a link designed for counting of the number of Actions performed by end-users.
   • 'Targeting' - parameters of each Offer which include but not limited to targeted geography of placement, type of user’s devices, platforms and type of advertisement placement.

2. Obligations and Responsibilities of the Affiliate and the MobioNetwork

   The Affiliate shall:

   • provide the MobioNetwork with accurate information about Affiliate's services, including a clear and complete description of all promotional methods used, and to maintain at all times such information up-to-date. The Affiliate will provide The Advertiser with all required information or documentation relating to its services upon first request;
   • guarantee that the campaigns will not be published on the websites that: (a) promote racism; (b) contain any investment or money-making opportunities or advice not permitted by applicable laws; (c) contain any gratuitous violence or profanity; (d) contain any material that defames, libels, abuses or threatens physical harm to others or that is illegal; (e) contain any explicit, vulgar or obscene language; (f) contain or posts to any sexually explicit images or other offensive content or promote adult services; (g) promote illegal substances or illegal activities; and/or (h) promote software piracy and/or media piracy;
   • not generate fraudelent transactions by using any device, program, software, robot, Iframes, hidden frames or any similar tool;
   • not mislead the end-users, not use any mechanism which force a click-through leading to a transaction and not engage in acts of fraud;
   • undertrakes that all promotions made through mobile applications will be compliant with the terms and conditions of the relevant market place such as App Store, Google Play or Windows Store;
   • warrant that it has all appropriate authority and licences to operate the advertising services and shall remain solely responsible for it's services;
   warrant that it will not infringe any proprietary right of the Advertiser or any third party;
   • not breach the terms of these T&C or contain any objectionable content in any jurisdiction where it is used/viewed, including but not limited to content that is misleading, libellous, defamatory, obscene, violent, hate-oriented, illegal, and/or promoting illegal goods, services or activities;
   • not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with any applicable law and/or regulation that govern email marketing and/or communications.

   The MobioNetwork shall:

   • give access to the Offers of Advertisers;
   • provide the Tracking Links and the up-to-date Offer Description for each Offer;
   • provide payment for each Action which does not violate the Offer Description, Targetings, allowed Traffic Sources and other terms of the Offer specified in the Offer Decription, an IO or by an email.

3. Fees and Payments

   Payment terms:

   • the MobioNetwork shall pay to the Affiliate on NET 30 payment base, which means that the payment for the month shall be processed not later than 30 days after the end of the month;
   • in case the bank transfer is used as a payment method, the service fee is shared;
   • bank transfer is not processed for sums less than 2000 USD;
   • Paypal payments are not processed for sums more than 1000 USD;
   • the minimum payment made is 500 USD.

   The MobioNetwork has the right not to pay for:

   • Actions made by the Affiliate or its agent(s) and not the end-users;
   • multiple Actions from the same individual, entity, devices or IP address;
   • suspected or established fraud, violation of the Offer Description and other terms of the Offer;
   • Actions for which the MobioNetwork has not received payment from its Advertiser;
   • Actions generated by computer, such as a robot, spider, computer script or other automated, artificial or fraudulent methods to appear like an individual.

4. Restrictions on traffic sources

   • The use of incentivized traffic for all offers of the MobioNetwork is forbidden except the Offers which contain allowed incentivized traffic in Offer Description.
   • It is forbidden to mislead the end-users, including the content of materials promoting the Offer.
   • It is forbidden to use any kind of spam (e-mail , ICQ, SMS, social networks etc.)
   • It is forbidden to use the traffic, obtained by the malware from compromised resources and so on.
   • It is forbidden to use any trademark, unrelated to Offer and its content.
   • It is forbidden to carry out promotion of Offer through ways, the use of which is expressly prohibited in the Offer Description.
   • The MobioNetwork has the fraud-detection system, and its alghorithms are confidential. If this systems finds fraudulent activity from affiliate's account (like using proxy/VPN, emulators etc.) - all traffic will be rejected. The MobioNetwork will tell the affiliate the main reason of rejection, but will not give full report from the system due to above mentioned confidentiality of algorithms.

5. Sanctions

   • In case of breaking these T&C the MobioNetwork can block an account without any payments and apply charge-back.
   • In case of charge-back is bigger than the sum that MobioNetwork has to pay for the last billing cycle, the Affiliate must immediately remit a payment to the MobioNetwork; otherwise a monthly interest of 1.5% interest will apply.
   • Charge-backs may be applied to any time, including previous payment cycles.

6. Termination

   The Affiliate can terminate their involvement in this T&C by removing all Tracking Links from all Traffic Sources. The MobioNetwork shall pay all outstanding Affiliates’s sums in accordance with these T&C. In case of charge-back the Affiliate shall remit payment to the MobioNetwork.