Terms of use

Mobmio FZ-LLC (hereinafter “Mobmio”), registered at UAE, manages the Mobmio Network at https://mobmio.com/ and provides the Publishers with the opportunity to work with Affiliate Programs of the Advertisers of the Mobmio Network. To participate in the Mobmio Network, the Publisher agrees to unconditionally comply with these Terms of Use (hereinafter the “Terms”).

The participants of the Mobmio Network are Advertisers, Publishers, and Mobmio.

Advertisers are the companies with mobile applications 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. Advertisers provide Ad Creatives such as graphic and video creatives, text links, and other types of Ad Creatives.

Publishers are the persons placing Ad Creatives at their declared Ad Spaces.

1. General provisions

1.1. To participate in the Network, the Publisher submits a registration form on the registration page of the https://mobmio.com/.

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. Thus, the Publisher is accepting the Agreement (offer) on their participation in the Mobmio Network.

1.4. If these Terms are met, the Publisher receives a confirmation letter to the email address specified by them upon registration. Further, the participant must complete the registration process in order to be able to work in the Network.

1.5. Mobmio reserves the right to deny the Publisher to participate in the Partner 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 Partner Network. The Publisher may change the data provided upon registration in their personal account. The exception is their username.

1.7. These Terms shall prevail over any terms provided by the Publishers.

1.8. The Publisher’s participation in the Mobmio Network does not create any contract between the Publisher and any Advertiser.

2. The subject of the Agreement

2.1. Mobmio provides for use and operates a Network on the https://mobmio.com/ domain. The participants of the Partner Network are Advertisers, Publishers, and Mobmio. Publishers are individuals or legal entities that provide space for advertisements on 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 Mobmio Network through so-called Affiliate Programs using Ad Creatives.

2.2. Publishers shall place the Advertiser’s Ad Creatives on their declared Ad Spaces to monetize Advertisers Mobile applications . When a user arrives at the Advertiser’s mobile application through an Ad Creative placed on the Publisher’s Ad Space and makes there a Deal that ends with payment for Publisher, 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 buying goods, ordering and/or purchasing services, registering, subscribing, installation of application 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. Mobmio 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 the Deal actually took place. Whether a deal has been made is subject to the terms of the particular program and is determined by the advertiser, Mobmio has no control over this.

2.4. Mobmio Network constantly develops and improves its services. In this connection, Mobmio reserves the right to temporarily suspend the provision of any of the services, in whole or in part, if it is necessary for the performance of maintenance works, improvement of the service functions, or change of the service provided.

2.5. In order to use the services of the Mobmio Network, it is required to use certain technical means and software packages, telecommunication networks, and services of third-party organizations. Mobmio shall, subject to clause 12, not be liable for the resulting costs, possible damages, and interference.

2.6. Mobmio 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. Participation in the Partner Network activities

3.1. All Ad Spaces that comply with applicable laws and regulations of these Terms, Privacy Policy and have been approved by Mobmio moderators are allowed to participate in the 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 these 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. Mobmio 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 Mobmio network. In this case, the Publisher must provide the requested data within 7 calendar days; otherwise, Mobmio 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. Mobmio shall have the right to request from the Publisher documents and data necessary (and if applicable) to confirm the validity of information about the Publisher including but not limited to name, date of birth, address, tax number, and banking details. By accepting these Terms, the Publisher agrees that s/he will, consciously and with unequivocal consent, provide data to Mobmio. The Publisher’s refusal to provide data is considered as a refusal to participate in the Partner Network.

3.7. Mobmio is entitled to unilaterally replace the Publisher’s broken affiliate links with working links and, in this case, not to credit rewards to the Publisher. “Broken links” are defined as affiliate links that do not take the user to the Advertiser’s website in the manner intended.

4. Rights and liabilities of the Publisher

4.1. The Publisher is obliged to strictly follow these Terms and to ensure that the data provided by them to Mobmio by any means, including the registration form, are complete and true. If any of these data are changed, the Publisher shall, within 1 days from the date of the change, make the relevant changes thereto in their personal account.

4.2. The Publisher undertakes to strictly store their data (username, password, and code for two-factor authentication) for access to the Mobmio Network and not allow the transfer thereof to third parties. The Publisher is solely responsible for the safety of the username and password.

4.3. The Publisher needs to have the rights to conduct marketing activities on the Ad Spaces. They shall bear any legal and property liability for what happens on their Ad Spaces.

4.4. When using Ad Creatives on the Ad Space, the Publisher undertakes not to violate the rights of the third rightsholders to the trademark, brand, personal rights, and other rights without the permission of the rightsholders in accordance with the current legislation. The Publisher agrees not to use on their 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 Mobmio with the relevant evidence upon request.

4.5. The Publisher agrees not to take any action that affects the operation of the Mobmio Network. Such actions include the attempts to technically influence the efficiency of the servers of the Mobmio 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 Partner Network. The Publisher shall also ensure timely provision of click referrer data to Mobmio on a regular basis and shall not interrupt this process by any technical means that are directly or indirectly controlled by the Publisher. A click referrer must always correspond to the Ad Space stated by the Publisher.

4.6. The Publisher may have only one account, i.e. 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 Mobmio Network, then it is prohibited for such a person to create a personal account as an individual to perform their 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 s/he fails to perform this duty, their access to the relevant program may be suspended. In case Mobmio or the Advertiser suffers 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 Mobmio within 10 (ten) days.

4.8. The Publisher, at the request of Mobmio 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 Mobmio 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 undertakes to update affiliate links in good time and monitor the condition of the links. Links can become broken in the following cases:

The Advertiser has suspended their work or no longer works with Mobmio.

The Publisher left the affiliate program or was disconnected from it.

The Publisher’s ad space was removed, blocked, or disconnected from the affiliate program.

The affiliate program’s action limit was exceeded.

4. 11. The Publisher agrees to provide Mobmio with any requested documents necessary to confirm the information about the Publisher.

4.12. The Publisher is notified and agreed that Mobmio has the right to pay the Publisher a reward only after the Advertiser wires a payment for the provided services to the Mobmio settlement account.

4.13. The Publisher shall ensure compliance with all applicable laws on their own including sanctions in relevant jurisdictions.

4.14. The Publisher may create guest accounts themselves. A guest account allows the Publisher to grant access only to the sections of the personal account required for the owners of the guest account to carry out the Publisher’s tasks. Each guest account will have a guest profile, which the Publisher may delete at any time. The guest account owner can change the information in his/her guest account (full name, email address) on their own. The Publisher is fully liable for actions of guest account owners, including changing name and/or email address.

5. Mobmio Network prohibits the following activities:

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 these Terms. 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 (Click-flood, click-spam, etc. ).

5.7. To register and/or use for promotion name\app ID similar to that of the Advertisers’ mobile applications.

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 Mobmio.

5.10. With regard to Mobmio employees and employees of all the Mobmio-affiliated companies only, to register as a publisher for the duration of their employment 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.

5.12. For the above violations, the Publisher must pay a fine of €500. If as the result of the Publisher’s culpable violations, a third person initiates an administrative or any other lawsuit against Mobmio, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.

6. Payment for the Publisher’s services

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 theirs. The Publisher undertakes to become familiar with the current rates in the interface of the Mobmio 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 under the link, depending on the currency of withdrawal. An amount less than the minimum withdrawal amount will be paid to the Publisher only in case of account deletion.

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 Mobmio Network, even if these costs are related to their advertising activities within the Mobmio Network.

6.4. The right to receive the reward is exercised only if all the following conditions are fulfilled:

The Publisher’s advertising activity led to the Deal between the Advertiser and the visitor.
The Deal was registered by tracking means of the Mobmio Network.
The Deal was authorized for calculation by the Advertiser and confirmed by the Mobmio Network.
The relevant Advertiser has paid Mobmio for its services under its agreement with the Advertiser.
The reward amount equals or exceeds the minimum withdrawal amount.
The Publisher did not violate the Terms.

6.5. Mobmio maintains an internal settlement account for each Publisher that is used for carrying out all accrual and payment operations.

6.6. Each Party is solely and separately responsible for the payment and reporting of its own taxes in any jurisdiction concerned. If payments under these Terms are subject to applicable withholding tax, Mobmio shall be entitled to deduct the corresponding tax amount from the Publisher’s reward.

6.7. 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. Mobmio is not obligated to take steps to verify the accuracy of payment information provided by the Publisher.

6.8. 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. Term and termination

7.1. These Terms are concluded for an indefinite period of time and start when the confirmation letter is received in the mailbox of the e-mail address, specified by the Publisher during registration in accordance with clause 1.4.

7.2. The Parties may voluntarily terminate the Terms at any time.

7.3. The Publishers may terminate the Terms in their personal account by clicking the “Delete account” button in the General settings, except as specified otherwise in clause 5.9 hereof.

7.4. Mobmio shall have the right to delete the Publisher’s account and data from the system in the following cases:

The Publisher has not logged in to their account for the last 350 days.
The Publisher has not interacted with the Mobmio system outside the web interface (for example, through the API) for the last 350 days.

After the expiration of the above-mentioned period, Mobmio shall notify the Publisher that in case of inactivity and non-use of the account, Mobmio will delete the Publisher’s account in 180 days from the date of notification, and the remaining funds will be written off in favor of Mobmio.

After 180 days from the date of notification and non-receiving the Publisher’s feedback, Mobmio shall delete the Publisher’s account and data, and the remaining funds shall be written off in its favor. The Publisher agrees and is notified that s/he 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 of termination due to violations of these Terms by the Publisher, s/he shall pay the debt (if any) and the penalty specified in these Terms in accordance with clause 5.12.

8. Protection of personal data

registration form and in their personal account, or that were obtained from the Publisher during their participation in the Mobmio 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:

To inform end users about the use of tracking devices, cookie files, and other online identifiers.
To receive the consent of end users for placing and collecting cookie files and other online identifiers on their devices and provide information on the possibility of refusing or deleting files, if necessary.
To take appropriate technical and organizational measures against accidental loss and damage, as well as illegal processing of personal data.

8.4. The Publisher undertakes not to take any actions that may lead Mobmio to a breach of the current Data Regulations Law.

8.5. Mobmio and the Publisher undertake to comply with the data protection laws.

Depending on the jurisdiction, the Publisher may be obliged to inform visitors of their website about cookies that are used on the website, including those placed by Mobmio (so-called third-party cookies) and other online identifiers. The 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 Mobmio after a certain action (click). To get more information, follow this link: https://help.Mobmio.com/en/topic/226-notice-of-using-Mobmio-cookies/

9. Confidentiality

9.1. Each Party undertakes to use the commercial information of the other Party, information about its business affairs and operations, trade secrets, know-how, and source code, or any information specifically marked as confidential, including all mentioned information of the other Party’s counterparty or affiliate (hereinafter the “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:

the information which is or subsequently became publicly available without infringement of the Agreement by the Receiving Party
the information which was legally obtained from the Third Party without restriction and without violation of this Agreement, and also without the non-disclosure obligations of the Receiving Party
the information which cannot be attributed to Confidential Information in accordance with applicable law
the information which is published in the Mobmio system when receiving or providing services in accordance with these Terms
the information which is required for transmission of data to government agencies as required by law, applicable to the regions of service delivery.

9.3. When deleting the Publisher’s account, Mobmio shall also delete all personal data of the Publisher, except for the username and statistics data.

9.4. The provisions of Article 10 remain valid for 5 years from the termination of these Terms.

10. Rights to use information

10.1. The information obtained during participation in the Mobmio Network is allowed to be used exclusively with the Mobmio Network. Transfer thereof to third parties and use for other purposes is prohibited.

10.2. The Mobmio Network and the components thereof (products and applications) are protected by the current legislation in the field of copyright and related rights.

10.3. Mobmio provides Publishers with the temporary, non-exclusive right to use the provided services and applications and the data contained therein exclusively within the framework of participation in the Mobmio 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 them 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, Mobmio reserves the right to use other remedies, except for the termination of the Agreement. If as the result of the Publisher’s culpable violations, a third person initiates an administrative or any other lawsuit against Mobmio, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.

11. Liability and limitations of liability

11.1. Mobmio 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 Partner Network, or for damage caused by insufficient availability or the limited functionality of the Internet.

11.2. According to the applicable regulations, Mobmio is liable for intentional and grossly negligent acts. If Mobmio is liable for damage caused by slight negligence according to the legal regulations, Mobmio’s liability is limited: in this case, Mobmio shall only be liable in the event of a breach of material contractual obligations (these are obligations the fulfillment of which is essential for the proper execution of the contract and on whose compliance the Publisher regularly relies and may rely). Furthermore, this liability is limited to the typical damage foreseeable at the time the contract was concluded.

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 Mobmio liability in the event of harm to life or health.

11.5. The Publisher will indemnify, defend, and hold harmless Mobmio (including its directors, employees, agents, or contractors) from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by third parties against Mobmio arising out of or related in any way to any culpable breach by the Publisher of any of the warranties at these rules, or the Publisher’s gross negligence or willful misconduct.

12. Changes to these Terms

12.1. Mobmio reserves the right to change the provisions of these Terms at any time. At Mobmio’s sole discretion, notifications of changes can be sent by email. Subject to clause 12.2, the Publisher shall be solely liable for regular familiarization with these Terms.

12.2. The use of the Mobmio Network by the Publisher after making changes to these Terms indicates the Publisher’s consent to the changes and willingness to assume the obligations specified in these Terms. Disagreement with the changes in the Terms entails the termination of these Terms, as well as the termination of work with the Mobmio Network.

13. Final provisions

13.1. If certain provisions of these Terms become invalid in whole or in part, the validity of the remaining provisions shall not in any way be affected or impaired. The provision that has become invalid is considered replaced by the applicable provision under statutory law. If such replacement would constitute undue hardship, the Terms in whole become invalid.

13.2. The rights and obligations resulting from these Terms may be transferred to a third party only with the consent of Mobmio.

13.3. It is agreed that these Terms shall be governed by, construed, and enforced in accordance with the laws of UAE without regard to its conflict of laws, rules or principles. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these Terms or arising therefrom or related thereto in any manner whatsoever, shall be settled by the Dubai Courts.