AFFILIATE PROGRAM TERMS AND CONDITIONS
1. Terms & Definitions
WEBSITE: The website based at Mobioffers.ru, which houses the Agreement and can be used by
Affiliate to submit a Request.
AGREEMENT: This document, as published on the Website.
MOBIOFFERS: The MobiOffers.ru CPA network.
AFFILIATE: Any legal entity or individual that accepts the Agreement, thus becoming MobiOffers’
Affiliate and advertisement distributor. Should an individual accept the Agreement on behalf of a legal
entity, the individual guarantees that he/she possesses the necessary power to accept the Agreement and
claims full responsibility before MobiOffers and before any relevant third parties.
PARTIES: Affiliate and MobiOffers.
ADVERTISER: A contractor hiring MobiOffers for promoting mobile campaigns with the aim of having
Users perform Transactions.
SERVICES: The services provided by Affiliate to inform Users about Commercial Offers with the aim
of having Users perform Transactions. Affiliate’s specific Services, their pricing and time frames are
established in the Request.
AFFILIATE PROGRAM: The CPA network program operated by MobiOffers and intended for use by
Affiliates who directly or indirectly operate internet Users, which can be used for participation in the
program as outlined by the terms and conditions within this Agreement.
AGREEMENT ACCEPTANCE: Full and unrestricted acceptance of the Agreement by Affiliate by
means of submitting a Request. Affiliate’s acceptance of the Agreement means that Affiliate fully agrees
with all of the points outlined in the Agreement and agrees with the pricing and time frames set forth for
the Services. The entity accepting the Agreement guarantees the possession of all necessary power to
accept the Agreement and claims full responsibility for the acceptance of the Agreement.
REQUEST: Affiliate’s request, with all fields filled out with required information, submitted by means
of the Website or by e-mail to the following e-mail address: support@mobioffers.ru.
TRANSACTION: A targeted action undertaken by a User in the form of viewing an advertisement,
registering on a website, or installing (by downloading to a mobile device) and launching MobiOffers’ or
Advertiser’s software, as well as any similar action performed by the User as outlined in the Commercial
Offer, for which MobiOffers compensates Affiliate in accordance with the terms and conditions outlined
in the Agreement and Request.
LANDING PAGE: A page of an online application store website or other internet resource operated by
MobiOffers, Advertiser, or their contractor, where Users are redirected with the intent of performing
Transaction.
ADVERTISING OFFER: An advertisement that is designed for Users to perform Transactions and can
be published by Affiliate on Affiliate’s various online resources. Advertising Offer is compiled by
MobiOffers based on information provided by Advertiser and contains an Affiliate Link, which leads
Users to a Landing Page to perform a Transaction.
ADVERTISING OFFER PUBLICATION TERMS & CONDITIONS: The terms and conditions that
regulate the publication of an Advertising Offer on Affiliates’ online resources and are contained within
the Request, in the addendums to the Agreement, on the Website, along with any other conditions agreed
upon by the Parties in writing.
UNDESIRABLE CONTENT: materials, which (i) are illegal, (ii) violate the rights of third parties,
including intellectual property rights, (iii) contain or reference any material that is harmful, threatening,
slanderous, obscene (erotica, pornography), insulting, advertises violence or other illegal activities,
facilitates discrimination (based on gender, religion, race, ethnicity, nationality, disability, age, or any
other criteria), contains illegal activities (e.g. gambling), or utilizes profanity or other materials that the
MobiOffers finds undesirable.
AFFILIATES’ RESOURCES: Resources (websites, advertising networks, mobile apps, software
products, etc.) where the Advertising Offer is published.
AFFILIATE LINK: Internet link provided by MobiOffers to Affiliate for distribution of Advertising
Offer, and leads Users to a Landing Page to perform a Transaction.
USER: A user performing a Transaction while adhering to the following requirements: (i) accesses an
Affiliate’s Resource via an Affiliate Link, (ii) is not an automated software solution, robot, script, or any
other automated, artificial, or fraudulent solution that imitates the actions of a real individual, (iii) doesn’t
submit preemptively filled out fields, (iv) fills out all information necessary for the Transaction within the
time specified by MobiOffers, (v) and doesn’t perform actions that can later be identified by MobiOffers
as fraudulent, incomplete, non-targeted, or duplicated.
ACCOUNTING PERIOD: One calendar month, unless otherwise agreed upon in writing with the
Partner.
MOBILE DEVICES: Wireless devices that provide Users with telephone, multimedia, and data services.
This includes cell phones, small scale computers, and other devices that fit the aforementioned criteria.
2. Subject of the Agreement
This Agreement is made by and between MobiOffers and Affiliate and outlines the Services provided by
Affiliate for MobiOffers. The conditions within this Agreement regulate the Affiliate’s participation in
the Affiliate Program. The Advertising Offer can relate to MobiOffers’ or Advertiser’s offers and can
contain an Affiliate Link to the corresponding Landing Page for the given offer. Furthermore, each
Advertising Offer can contain additional terms & conditions, as specified on the Website within the
confines of Affiliate Program, which also serve as mandatory conditions for User actions to be considered
Targeted, and are an integral part of this Agreement. By submitting a Request, Affiliate accepts all terms
& conditions outlined in this Agreement.
3. Affiliate Program Admission
Affiliate submits a Request to participate in the Affiliate Program either on the Website or by e-mail.
Affiliate must fill out the Request precisely, provide MobiOffers his/her full details along with all other
necessary information about the Affiliate’s Resource (and immediately provide any information regarding
future changes to MobiOffers as well), and must not use any pseudonyms or other means of hiding
personal information, details, or contact information. MobiOffers reviews each Request and informs
Affiliates on whether they have been admitted or denied access to the Affiliate Program, usually within
five business days. MobiOffers reserves the right to accept or deny any Request at its own discretion and
for any reason.
4. Responsibilities of the Parties
a) In the event that an Affiliate is admitted into the Affiliate Program and maintains adherence to
the terms & conditions outlined within this Agreement, MobiOffers takes on the following
obligations:
MobiOffers will make available to the Affiliate graphical and text links and/or other advertising materials
(the “Links”), which Affiliate can display on websites that are owned and/or operated by Affiliate, strictly
defined as incoming in Affiliate’s online advertisement. Links serve to identify Affiliate as a member of
the Affiliate Program. MobiOffers compensates Affiliate for each Transaction performed by a User, as
outlined in the requirements within this Agreement, within the limits of the Services as agreed upon via
the Request. The Parties acknowledge that within the bounds of this Agreement, Affiliate is not obligated
to provide any specific number of Transactions performed by Users and merely provides the conditions to
perform them.
MobiOffers shall transfer the payout within 30 (thirty) business days from the moment an invoice is
submitted, as long as Affiliate has earned $100 USD or more in total. Should Affiliate have accumulated
less than $100 USD, MobiOffers reserves the right to carry over payout to the following Accounting
Period and continue to do so until the total compensation amount reaches at least $100 USD. MobiOffers
reserves the right to withhold payout to Affiliate for Transactions, if it is later revealed that said
Transactions did not correspond to the Advertising Offer Publication Terms & Conditions. MobiOffers
defines the amount of compensation to be paid to Affiliate based on data from MobiOffers’ statistics
accumulation system and pays out compensation as dictated by said data.
If Affiliate is indebted to MobiOffers within the confines of this Agreement or any other agreement
between the Parties, related or unrelated to the Affiliate Program, MobiOffers reserves the right to
compensate any such debt amounts owed to MobiOffers from the total compensation initially calculated
to be issued to Affiliate in accordance with this Agreement.
b) Affiliate takes on the following obligations:
To take on full responsibility for the development, use, technical support, and all content stored on the
Affiliate’s Resources.
To ensure that none of the materials published in Advertising Offers and on the Affiliate’s Resources, or
in any other way used in relation to the Affiliate Program, contain any Undesirable Content.
To not offer any statements or guarantees regarding MobiOffers, the Advertiser, or any of their
corresponding products or services, with the exception of cases specifically outlined by the Parties in
writing.
To ensure that the Affiliate’s resources do not copy or imitate the appearance of the Website, and to avoid
creating an impression that the Affiliate’s resources are endorsed by MobiOffers or the Advertiser, or that
they are part of the Website, without prior written approval from MobiOffers.
To adhere to all (i) obligations, requirements and limitations as outlined in this Agreement, (ii) laws,
regulations and rules that relate to the activities of Affiliate, the Affiliate’s Resources, the Advertising
Offers, or the use of Links by Affiliate.
To adhere to the conditions, executive principles and policies of any third party service providers whose
services are used by Affiliate in relation to the Affiliate Program, including but not limited to providers of
Internet services, e-mail services, social network services, advertising network services, and any others.
To always publish in a visible manner, make available to all Users, and acquire prior agreement from
Users (including before gathering any personal information) to a confidentiality policy that corresponds
with active laws and clearly and in detail explains the process of gathering, storing, processing, using
and/or transferring personal information, including for purposes related to the Affiliate Program, and the
transfer of such data to MobiOffers or Advertisers with the purpose of gathering, storing, processing,
utilizing and/or transferring the data within the confines of the Affiliate Program and to provide Users
with services outlined in the Advertising Offer.
To always publish and make available to all Users the terms and conditions of the Advertising Offer as
outlined by MobiOffers or Advertiser in accordance with active laws relevant to such offers.
To not publish the Advertising Offer on any online auctions (such as eBay, Amazon, etc.).
To sign a statement of services rendered and submit one counterpart to MobiOffers within three business
days from the moment the statement is received from MobiOffers. If MobiOffers does not sign the
statement in the allotted period of time and doesn’t provide justified objections regarding the services
rendered in writing, the statement will be considered executed and services rendered in full as outlined in
the statement, with the amount of compensation considered correct and Affiliate assumed to renounce any
further claims regarding said compensation.
c) The following additional conditions are applied to corresponding advertising programs:
- Affiliate Network Campaigns
In the event that Affiliate owns a partnership network of their own, Affiliate agrees to publish Links in
their partnership network (“Network”) for use by the Network’s partners (“Sub-Partners”). Affiliate is
obligated to prohibit Sub-Partners from altering Links in any way. Affiliate is obligated to maintain their
Network in accordance to the industry’s highest standards. Affiliate is obligated to actively avoid
accepting as a Sub-Partner any third party whose website or business model include Undesirable Content.
All Sub-Partners must have no criminal or financial flaws. Affiliate is obligated to demand and confirm
that all Sub-Partners, before receiving access to Links, accept the current Agreement in a manner that is
under MobiOffers’ control. Affiliate is obligated to immediately terminate cooperation with any SubPartner who performs or is objectively capable of performing any actions that violate the terms of this
Agreement. Should any of the Parties suspect a Sub-Partner of any illegal activities regarding a Link,
Affiliate is obligated to immediately provide MobiOffers with that Sub-Partner’s details and contact
information. Upon receiving a written request from MobiOffers, Affiliate is obligated to immediately
remove any Sub-Partner from the Affiliate Program and prohibit the Sub-Partner’s access to MobiOffers’
other Advertising Offers in the Network, including further Advertising Offers. Affiliate is responsible
before MobiOffers for the actions of Sub-Partners as if they were Affiliate’s own.
5. Incentivized Traffic
Affiliate must not provide Users with incentive (such as virtual currency, real currency, or other rewards)
for performing Transactions, unless otherwise outlined in the Advertising Offer Publication Terms &
Conditions. Transactions performed as a result of incentives provided to Users will be considered invalid,
do not count towards compensation totals, and can be used as grounds for Affiliate’s removal from the
Affiliate Program, unless otherwise outlined in the Advertising Offer Publication Terms & Conditions.
6. Confidentiality
i. Unless otherwise stated in this Agreement or agreed upon with MobiOffers in written form, Affiliate
agrees that all information received by Affiliate within the confines of this Agreement, including but not
limited to the Agreement’s terms, business/financial information, lists of Advertisers/suppliers/Users, as
well as pricing and sales information relevant to MobiOffers and any of MobiOffers’ contractors,
provided by them or on behalf of any of them, will remain strictly confidential and will not be used by
Affiliate directly or indirectly for any other goals other than to facilitate participation in the Affiliate
Program, with the exception of cases when such information is known or available from public sources
outside Affiliate or Affiliate’s Sub-Partners without violating the terms of this Agreement.
Affiliate is prohibited from using any information received within the confines of the Affiliate Program
for developing, expanding or facilitating the functionality of a service that competes with the Affiliate
Program, or aid a separate party in attempting the same.
ii. Affiliate is obligated to fully avoid contacting MobiOffers’ Advertisers, both directly and through third
parties, to disclose the partnership between the Parties as per this Agreement, to offer services to
MobiOffers’ Advertisers directly, or for any other purpose. Should this point of the Agreement be
violated, MobiOffers reserves the right to demand from Affiliate, and Affiliate is obligated to pay, a fine
in the amount of 1,000 (one thousand) USD, as well as the full compensation of any and all losses
incurred by MobiOffers.
7. Licensing & Intellectual Property
MobiOffers grants Affiliate a simple, non-exclusive, non-transferrable, revocable license without any
additional compensation to use Links for access to Landing Pages exclusively as outlined in the terms of
this Agreement, with the sole goal of identifying Affiliate as a participant of the Affiliate Program and
increasing the amount of Transactions. Affiliate and Affiliate’s Sub-Partners are not in any way allowed
to edit, modify or create derivatives based on the Links or graphical/creative/other materials owned by or
utilized by MobiOffers. Affiliate has the right to use provided Links as long as he/she remains an active
participant of the Affiliate Program. MobiOffers reserves the right to revoke this license at any time by
sending Affiliate a written notification.
Affiliate is not allowed to use any of MobiOffers’ trademarks or service marks, copyrights or similar
rights, patents, commercial symbolism, or corporate secrets unless this Agreement specifies otherwise.
Affiliate agrees that MobiOffers reserves the right to use any suggestions, comments or recommendations
made by Affiliates without providing any additional compensation. All rights not directly granted by this
Agreement are reserved by MobiOffers.
8. Term/Withdrawal/Termination
This Agreement is made effective upon being accepted and remains in effect until terminated as per the
conditions outlined below. Affiliate has the right to withdraw from the Affiliate Program at any time by
submitting to MobiOffers a written notification and removing all Links and their copies from the
Affiliate’s Resources and other locations where they were published and/or stored by Affiliate.
MobiOffers reserves the right to end Affiliate’s participation in one or multiple Advertising Offers or
terminate this Agreement at any time and for any reason at MobiOffers’ discretion, by disabling Links or
providing Affiliate with written notification. Upon the end of Affiliate’s participation in one or multiple
Advertising Offers, or in the event of this Agreement being terminated for any reason, Affiliate is
obligated to immediately stop using and delete all Links as well as all objects of intellectual property
belonging to MobiOffers and any Advertisers, as well as stop representing MobiOffers and any
Advertisers as a partner within the confines of the Advertising Offers affected by the withdrawal or
termination. Conditions related to the payout of properly accumulated funds and relevant confidentiality
regulations remain in effect for five years after the termination of this Agreement. The obligation taken up
by Affiliate to not contact any MobiOffers’ Advertisers directly remains in effect for one year after the
termination of this Agreement.
9. Means of Legal Defense
In addition to any other rules and means of settling legal disputes available to MobiOffers, within the
confines of this Agreement, MobiOffers reserves the right to nullify any actions performed via Links and
deny payout of compensation or demand the return of transferred compensation in the event that (i)
MobiOffers finds that Affiliate violated this Agreement, (ii) MobiOffers receives a complaint concerning
Affiliate’s violation of this Agreement while participating in the Affiliate Program, or (iii) MobiOffers
finds that any given Transaction did not correspond to the requirements outlined in this Agreement or the
terms of the Affiliate Program. Such denial of payout and compensation return requests can be performed
regardless of whether the compensation was received as a result of a violation or not. Should Affiliate
violate the terms of this Agreement, MobiOffers reserves the right to disclose Affiliate’s details and
contact information to appropriate law enforcement agencies, administrative agencies, or third parties
who have suffered losses as a result of such violation.
10. Prohibited Activities
Affiliate is forbidden from:
- Using any individuals, assets or devices to perform illegal actions that violate any applicable laws or this
Agreement, damaging other partners, falsifying information regarding Transactions or the total amount of
corresponding compensation, or abusing power granted within the confines of the Affiliate Program. Such
actions include but are not limited to using automated means of inflating the number of Link clicks or
form completions, using viruses/Trojans/modified cookies/etc., and any other fraudulent actions in
regards to Links
- Misinforming any User in any way in regards to the Advertising Offer
- Using trademarks or service marks that don’t in any way relate to the Advertising Offer
- Using spam (unsolicited messages sent to Users) in any form (e-mail, instant messaging, SMS, social
network massages, etc.)
- Using any Undesirable Content in any form within the confines of the Affiliate Program, including such
content published on third party resources
- Using traffic acquired by hacking websites and/or altering website content or its code in any way
without approval from the website’s owner
- Registering multiple accounts without prior written consent from MobiOffers
- Dispersing spam messages with the Affiliate Program referral links
- Insulting or disrespecting the Affiliate Program, its administration, Users or Advertisers
- Attempting to deceive and/or slander the Affiliate Program, its administration, Users or Advertisers
- Performing any actions aimed at subverting the standard functionality of the Affiliate Program and/or
sabotaging the business reputation of MobiOffers, Advertisers, or the administration of the Affiliate
Program
11. Agreement Changes
This Agreement is an open and publically available document. The current version of the Agreement is
always available on the Website.
This Agreement can be altered and/or appended by MobiOffers in an appropriate manner, given that
Affiliate is informed of the changes via the Website. In this regard, Affiliate is obligated to regularly keep
appraised of the Agreement’s current state via the Website. As long as Affiliate continues to perform
his/her duties, Affiliate is considered to have accepted the altered Agreement.
In the event of any discrepancies between the printed version of the Agreement and the text available on
the Website, the version of the Agreement presented on the Website takes precedence.
MobiOffers reserves the right to alter, halt or remove any point of the Advertising Offer or Link, as well
as delete, edit, or otherwise modify any tags, text, graphical banners and other materials related to the
Link. Affiliate is obligated to immediately perform any requests from MobiOffers regarding the deleting,
editing or modification of any Links, graphical banners or other materials used by Affiliate within the
confines of the Affiliate Program.
12. Waiver of Responsibility
The Affiliate Program and the Links, products and services provided within its confines are provided as
is. MobiOffers does not offer any guarantees, including but not limited to guaranteed suitability for any
given goals, usage, or sale. MobiOffers does not guarantee that the Affiliate Program or relevant Links
will correspond to Affiliate’s expectations or that the Affiliate Program or relevant Links will function
flawlessly and without downtime. MobiOffers is not responsible for any of Advertiser’s or Affiliate’s
actions or inaction. MobiOffers does not guarantee that Affiliate will receive any specific amount of
compensation.
13. Limitation of Responsibility & Acts of God
Regardless of circumstance, MobiOffers is not responsible for the unavailability or non-functionality of
Links, the Website, or the Internet, nor for any technical disrepair, computer system errors, loss of data, or
any other losses incurred beyond the reasonable limits of MobiOffers’ control. Regardless of
circumstance, MobiOffers is not responsible for any indirect or accidental damage, including loss of
profit. The overall amount of liability MobiOffers can bear for Affiliate in any circumstances cannot be
higher than the total amount of funds actually paid out by MobiOffers to Affiliate within a six month
period before the moment the claim is made.
In the event of Act of God that prevents the full or partial upholding of responsibilities by either of the
Parties as outlined in this Agreement, including but not limited to fire, accident, natural disaster, war,
governmental prohibition or limitation, and any other such conditions, the time frame for both Parties to
uphold their responsibilities as outlined in this Agreement is expanded for as long as such conditions
remain in effect. The effectual nature of such conditions must be confirmed by relevant organizations. A
Party that cannot uphold its responsibilities, as outlined in this Agreement, due to Act of God, must
inform the other Party in written form about the beginning and end of such conditions within seven days
from the moment of the beginning and end of such conditions respectively.
14. Applicable Law, Disputes & Final Statements
Affiliate is obligated to compensate MobiOffers for any expenses, including attorney fees, suffered by
MObiOffers as a result of Affiliate violating this Agreement, as well as any losses suffered to legally
enforce Affiliate’s obligations as outlined in this Agreement. This Agreement contains the full agreement
between the Parties in regards to the subject of the Agreement and overrides any and all written or verbal
and previous or current negotiations or accords between the Parties in regards to the subject of this
Agreement. Affiliate is prohibited from transferring to third parties his/her rights and/or obligations as
outlined in this Agreement without prior written consent from MobiOffers. MobiOffers reserves the right
to at any time transfer MobiOffers’ rights and obligations as outlined in this Agreement along with
written notification sent to Affiliate. This Agreement cannot be altered by Affiliate in a one-sided manner.
If any point of this Agreement is accepted as having lost effect, the other points remain in effect, while
the point that has lost effect will be altered by MobiOffers to the degree necessary to repair such lack of
effect while maintaining the initial intentions of the Parties. This Agreement presents a public service
agreement as per point 2, article 437 of the Civil Code of the Russian Federation (“CCRF”). By
submitting a Request, Affiliate acknowledges that he/she has reviewed the conditions outlined in the
Agreement in full and agrees to all the terms listed in the Agreement via Agreement Acceptance. As per
point 3, article 438 of the CCRF, Agreement Acceptance is equivalent to the signing of a contract
containing the conditions outlined in this Agreement. This Agreement is composed in accordance with the
laws of the Russian Federation. Any disputes that cannot be resolved by this Agreement alone are to be
resolved in accordance with the laws of the Russian Federation. Disputes between the Parties are resolved
by means of negotiations with mandatory adherence to pre-court claim submission regulations. The
amount of time allotted for replying to a claim is 10 (ten) business days from the moment the claim is
received. Should a mutually agreeable resolution not be found, the dispute can be transferred for
resolution to the Arbitration Court of St. Petersburg and the Leningrad Region (in the event of Affiliate
being a legal entity) or the Petrograd District Court of the City of St. Petersburg (in the event of the
Partner being an individual) in accordance with the laws of the Russian Federation.