Terms of Service

Introduction

Welcome to MobiVortex LLC! This document, referred to as the 'Agreement' outlines the terms and conditions that govern your relationship as a Publisher with our company. It covers your use of our website, services, and any additional products and websites we offer (collectively known as the 'Services').

Please note that we reserve the right to modify the Services and this Agreement at any time without prior notice. The most up-to-date version of the Agreement will always be available on our website, which we'll refer to as the 'Site.' As a Publisher, you will be notified of any changes when you log in to your account. By continuing to use the Services after we post any modifications, you indicate your consent to those changes.

If you do not agree to this Agreement, including any subsequent revisions or amendments, in its entirety, you are not authorized to access or use any of the Services provided by our company.

Publisher Approval

Registration with MobiVortex LLC does not automatically grant the Publisher the right to access or use the Company's Services. The Publisher's approval is subject to the discretion of the Company.

• All prospective Publishers must be approved by MobiVortex LLC before they can participate as Publishers.
• The Company reserves the right to withhold or refuse approval for any reason or without providing a reason.
• Once approved, the Publisher's continued use of the Services and participation as a Publisher is contingent upon ongoing compliance with this Agreement and the Company's posted policies on the Site.
• Failure to comply with the terms and conditions may result in disqualification, termination, suspension, deactivation of links, forfeiture of payment, and potential legal action.
• The Publisher must promptly notify the Company of any material changes in its business or marketing strategy.
• The Company retains the right to withdraw its approval of the Publisher at any time and for any reason, without prior notification, at its sole discretion.

Company Services

Company provides services to advertisers ('Advertisers'), third parties which post a link containing Advertiser's marketing programs ('Program(s)') on Company's proprietary platform ('Platform').

• The Program(s) will specify the amount and terms under which Publisher will receive payment when the applicable Program's requirements are fulfilled.
• Compensation is derived from a specified event ('Event') identified in a Program, such as clicks, click-through, sales, registrations, impressions, and leads.
• Company may post a link to a Program owned and operated by Company. The same terms and conditions apply to all Company-owned Programs.
• Company shall have the right to suspend or terminate its provision of Services at any time, for any reason on ten (15) days notice to Publisher.

Publisher Services

If Publisher accepts a Program, Publisher agrees to place the Program's advertising links and creative exactly as they appear on the Platform, without any alterations or resizing, unless approved in writing by Company. Additionally, Publisher must comply with the following terms and conditions:

General Minimum Media Requirements:

• Publisher's Media must meet specific criteria for email campaigns, incentives, website functionality, and content compliance.
• Publisher Content must comply with applicable laws and regulations.
• Publisher must not offer sweepstakes, contests, or games of chance in connection with Ads without authorization.
• Publisher must comply with any additional Campaign Mandatory Requirements as specified on the Site.
• Publisher's Media and content must not target or be used by persons under the age of 18 or knowingly collect information from children under 13.
• Publisher must obtain written authorization for mobile marketing activities.
• Spawning process pop-ups are prohibited.
• Publisher's Media and content must not include personal blogs, false testimonials, pornographic material, objectionable content, illegal activities, and other prohibited content.

Special Rules Governing Email Campaigns

• Publisher must verify recipient consent and provide records upon request.
• No random or invalid generation of email addresses is allowed.
• No misleading headers or masking of email origin is permitted.
• Only approved and current content shall be used in emails.
• Ads must contain clear identification as an advertisement.
• Consumer opt-out functions must be provided and honored.
• Publisher must process unsubscribe requests within ten (10) business days.
• Publisher shall use suppression and domain lists as required.
• If a third party is used for email transmission, both the third party and Publisher will be treated as one entity for compliance purposes.

Monitoring

Company may monitor Publisher activities to ensure compliance with this agreement, applicable legal requirements, Advertiser campaign requirements, and proper handling of unsubscribe requests.

License

• Company grants Publisher a limited license to use the Site, Platform, and Site Data for marketing Programs.
• Publisher must provide advance written notice if using Sub-Publishers.
• Publisher is responsible for Sub-Publishers' compliance with this Agreement.
• Publisher may only access the Site via approved methods.
• Publisher must not impede, interfere with, or modify Links or Tracking Devices without written instructions from Company.
• Company owns all right, title, and interest in Links, Tracking Devices, and user data collected through Publisher's activities.

Confidential Information

Each party agrees to use the other party's Confidential Information solely for the purposes of this Agreement and not to disclose it to any third party, except in certain circumstances as outlined in the full agreement.

Fraud Monitoring

• Company may monitor Publisher's traffic and conduct for fraud.
• Fraudulent activities may result in account inactivation, commission forfeiture, and termination.
• Adware and spyware are prohibited.

Payment Terms

• Publisher will be paid per the terms of each Program or insertion order.
• Payments are usually made approximately thirty (30) days after the end of each month.
• Company may withhold payments until Advertisers have paid for the respective Program.
• Minimum monthly commission requirements apply.
• Company may reduce payments due to offsets taken by Advertisers for invalid Events, technical errors, etc.
• Company may withhold or reduce payments if Publisher breaches a material term of this Agreement.

Term and Termination

• Either party may terminate this Agreement upon three (3) business days notice.
• Immediate termination is possible if a party is in violation of applicable law or material breach of the Agreement.
• Upon termination, Publisher must cease all advertising activities.
• Outstanding payments will be paid in the next billing cycle.
• Certain provisions will remain in effect after termination.