MobiLoud Affiliate Program Agreement

Last updated on May 2, 2022

We appreciate your interest in MobiLoud’s Affiliate Program (the “Program”). You are required to adhere to this MobiLoud Affiliate Program Agreement (“Agreement”) in order to participate in the Program.

As part of the MobiLoud service, Fifty Pixels Ltd, trading as MobiLoud (“MobiLoud”), offers website publishers, operators, and other users a number of tools and services to assist them in creating, publishing, and managing mobile applications. Any reference to “we” in this Agreement refers to MobiLoud.

By participating in this Program, you agree to the terms of this Agreement. Any other agreement between you and MobiLoud is not affected by this Agreement. Through the Program, you can earn commissions (“Affiliate Commissions”) for referring customers who purchase MobiLoud products and services.

As an affiliate, you will receive an affiliate link (“Link”) for display on your website or within products that MobiLoud approves for use as part of the program (“Your Websites”).

The MobiLoud Affiliate Program application form must be completed accurately in order to qualify for the Program. Your application may be rejected without notice, at MobiLoud’s discretion.

If you are entering into this Agreement on behalf of an entity, you are representing and warranting that you are authorized to bind that entity to this Agreement and that such entity will be responsible for its employees or agents’ conduct in connection with the Program. Any references to “you” in this Agreement refer to the entity and you.

If you’re accepted in the Program, you will get access to our Affiliate Dashboard (“Dashboard”). Your use of the Dashboard is subject to our Privacy Policy.

Affiliate Commissions

We will pay you Affiliate Commissions equal to 30% of the total revenue generated by new signups resulting from your Link, subject to the terms of this Agreement. Affiliate Commissions  are calculated including set up fees and recurring monthly or annual fees.

Non-eligible transactions

Affiliate Commissions will not be payable to you as an Affiliate if a purchase falls into any of the following situations (Non-eligible transactions):

• If the user does not make a purchase within 90 days after clicking on your link;
• Before making the purchase, the user clicked on the link of another Program participant;
• If we don’t get a valid payment or if the purchase is canceled, refunded, or charged back;
• Should the purchase occur due to your breach of this Agreement, or while you were in breach;
• If the purchase happens after the termination of this Agreement.
• If the user clears their cookies before making the purchase

The Affiliate Commissions MobiLoud paid you for a Non-eligible Transaction may either be refunded or deducted from future amounts due under this Agreement.

Any Affiliate Commissions that MobiLoud deems to be fraudulent, improper, unethical, suspicious, or otherwise inconsistent with this Agreement or with any other applicable law or regulation may be adjusted or voided, in MobiLoud’s sole discretion.

Payouts

The Affiliate Commissions will be paid to the PayPal address you configure via the Dashboard no sooner than 60 days after the date in which they accrued, to account for MobiLoud’s guarantee and the possibility of a refund. Payouts are processed provided that the total Affiliate Commissions payable exceed a minimum threshold of $300.

Any Affiliate Commissions due to you will be exclusive of taxes, refunds, and chargebacks, and we may deduct those amounts from any Affiliate Commissions owed to you. Any taxes, duties (such as sales tax, VAT and GST), and other fees related to your commission earnings are your responsibility.

We will generate invoices for you for each payout.

Use of MobiLoud trademarks

In accordance with the terms of this Agreement, MobiLoud grants you a limited, revocable, nonexclusive, non-transferable, and non-sublicensable license to display the Link, as well as any MobiLoud trademarks and assets, on Your Websites and within other marketing communications, solely for the purpose of referring users to the MobiLoud Services.

Trademarks mean any trade name, trademark, service mark, logo, or other intellectual property assets of MobiLoud provided under this Agreement. If MobiLoud provides you with written guidelines, you will use its trademarks in accordance with those guidelines. MobiLoud may request that you provide samples of any marketing materials you have used, or plan to use, that incorporate the MobiLoud Marks or the Link.

Compliance with laws and regulations

As part of the Program, you must comply with all laws applicable to Your Websites, as well as all privacy laws applicable to the collection, use, and disclosure of personal information via Your Websites, and any laws applicable to any marketing messages you send in connection with this Agreement. As a Program participant, you are entirely responsible for the content of Your Websites.

Prohibited content

Your Website’s content cannot include: (i) violence, sexually explicit content; (ii) content that violates any legal requirement or encroaches on intellectual property; (iii) content that defames, harasses, or otherwise harms anyone; (iv) containing malware, viruses, or other harmful programs; (v) attempting to impersonate MobiLoud or give the appearance that you are the provider of MobiLoud services.

Prohibited activities

The activities below are prohibited under the terms of this Agreement. Failure to comply will result in the immediate termination of your participation in the Program.

1. Using any of MobiLoud’s trademarks or product names (or any misspellings of these) in PPC ads or other forms of paid advertising;
2. Using any of MobiLoud’s pages as direct landing pages in PPC or any other form of paid advertising;
3. Using any of MobiLoud’s trademarks or product names (or any misspellings of these) as website meta tags on your pages;
4. Registering a domain name or social accounts using any of MobiLoud’s trademarks or product names;
5. Generating fake transactions using your Link or signing up for MobiLoud’s services using your own Link;
6. Offering cashbacks, discounts or other promotions we didn’t expressly authorize;
7. Using email or other types of message spam, purchased lists or other forms of messaging where the user didn’t expressly consent to their email or contact information being used for marketing purposes;
8. Misleading users, impersonating us or engaging in any fraudulent or illegal activity;
9. Mentioning or implying we have endorsed Your Websites or partnered with you, unless specifically authorized to do so;
10. Using cookie stuffing techniques, where the user gets a tracking cookie without having effectively clicked on your Link;

Disclaimer of Warranties; Limitation of Liability

Disclaimer of Warranties.

We and our affiliated companies and agents make no representations or warranties about the suitability, reliability, availability, timeliness, security or accuracy of the MobiLoud products, website content, the MobiLoud Affiliate Program or the Dashboard for any purpose. The Dashboard may not be available at all times. to the extent permitted by law, the MobiLoud services and Dashboard are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions of any kind with regard to the MobiLoud products and the dashboard including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

No indirect damages.

To the extent permitted by law, in no event shall either party be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.

Limitation of liability.

If, notwithstanding the other terms of this agreement, we are determined to have any liability to you or any third party, the parties agree that our aggregate liability will be limited to the total Affiliate Commissions you have actually earned in the twelve month period preceding the event giving rise to a claim.

Affiliate Dashboard.

We disclaim all liability with respect to the Dashboard. We do not promise to make the Dashboard available to you, and we may choose to do so, or not to do so, at our discretion.

General Representation and Warranty

You represent and warrant that (i) your participation in the Program will be in strict accordance with the MobiLoud Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your participation in the Program will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the MobiLoud Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Dashboard, or (e) our use of the MobiLoud trademarks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

Termination

Upon written notice, either you or MobiLoud may terminate this agreement. The Program may be terminated by MobiLoud immediately in the event of a service shutdown. Provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities, and limitations of liability, shall survive termination.

After termination, if your Affiliate Commissions are valid, we will pay out whatever is left unpaid. If this Agreement is terminated, all licenses granted under it will terminate immediately, and any MobiLoud trademarks and assets used on Your Websites will have to be removed.

Amendments.

The terms of this Agreement may be modified by us upon notice to you. We will post the revised Agreement on the Dashboard along with the “Last Updated” date, and in some cases, we may provide additional notice by email. By continuing to participate in the Program, you are deemed to have accepted any amended terms of this Agreement. If you do not agree to any changes to the Program, you must discontinue your participation.

Miscellaneous

This Agreement constitutes the entire agreement between you and MobiLoud with respect to the Program. The Agreement shall be governed by, interpreted and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) save that MobiLoud has the express right (at its sole discretion) to bring an action against you in a court or courts where you are resident, have your principal place of business or central administration. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MobiLoud may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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