LEGAL
Terms and Conditions
Effective date: [TO BE COMPLETED]
1. About these Terms
These Terms and Conditions (“Terms”) govern access to and use of the MobItEasy affiliate and CPA network, websites, tracking platform, campaigns and related services (“Services”). The Services are operated by Utopia Online OÜ [CONFIRM], registration number 12179748 [CONFIRM], registered at [LEGAL ADDRESS] (“MobItEasy”, “we”, “us”).
By creating an account, accessing the platform or participating in a campaign, you confirm that you have read and accepted these Terms.
2. Eligibility and accounts
- You must be at least 18 years old and legally able to enter a binding agreement.
- You must provide complete, accurate and current registration, company, tax, VAT, contact and payment information.
- You may not create duplicate, misleading or anonymous accounts or allow another person to use your credentials.
- We may require identity, company ownership, address, payment or traffic-source verification, including KYC/AML checks.
- Approval of an account is discretionary and does not guarantee access to any campaign.
3. Partner relationship
You act as an independent contractor. Nothing creates employment, agency, partnership, joint venture, franchise or authority to bind MobItEasy or an advertiser. You are responsible for your personnel, taxes, licences, advertising disclosures and compliance obligations.
4. Campaign rules
You must follow each campaign description, permitted GEOs, caps, creatives, traffic-source rules and advertiser restrictions. Campaign-specific terms form part of these Terms. We may pause, change or close campaigns and adjust caps or payouts prospectively.
You may use only approved creatives and claims. You must not modify landing pages, trademarks, pricing, disclaimers or offer details without written approval.
5. Prohibited traffic and fraud
The following are prohibited unless expressly approved in writing:
- bots, scripts, emulators, click farms, automated or non-human traffic;
- fake, duplicate, recycled, incentivised or self-generated leads, installs, deposits or purchases;
- cookie stuffing, forced clicks, click injection, invisible placements, ad stacking or misleading redirects;
- spam, unsolicited email/SMS, unlawful push notifications or traffic obtained without required consent;
- brand bidding, trademark abuse, impersonation, fake news, deceptive claims or unauthorised use of celebrity or advertiser identities;
- VPN, proxy, device spoofing, location manipulation or deliberate circumvention of GEO, cap or attribution controls;
- malware, phishing, adult or illegal content where prohibited, or any activity violating applicable law or campaign rules.
We may use automated and manual fraud controls. Suspected traffic may be rejected, quarantined or investigated. During an investigation we may suspend campaigns, access and payments for up to [FRAUD REVIEW PERIOD]. Confirmed invalid activity may result in reversal of commissions, set-off, account termination and disclosure to advertisers, payment providers or competent authorities where lawful.
Appeals must be submitted to [COMPLIANCE EMAIL] within [APPEAL PERIOD] with supporting placement, click, conversion and acquisition records.
6. Tracking and reporting
MobItEasy tracking records are the primary basis for clicks, conversions and commissions, subject to advertiser validation, chargebacks, duplicate removal and fraud review. You must preserve relevant campaign and traffic records for at least [RETENTION PERIOD] and provide them on reasonable request.
7. Payments, taxes and chargebacks
Approved commissions are paid according to [NET-7 / NET-15 / NET-30], subject to a minimum balance of [AMOUNT AND CURRENCY] and supported payment methods: [PAYMENT METHODS]. You are responsible for correct payment details, bank charges and all applicable taxes.
We may withhold or reverse amounts relating to rejected, cancelled, refunded, duplicated, non-compliant or fraudulent conversions. Overpayments may be deducted from future balances or reclaimed.
8. Intellectual property and confidentiality
MobItEasy, advertisers and licensors retain all rights in their platforms, data, trademarks, creatives and technology. A limited, revocable, non-transferable licence is granted only to perform approved campaigns. Non-public campaign details, rates, technology, advertiser information and business data are confidential.
9. Suspension and termination
Either party may terminate the relationship by giving [NOTICE PERIOD] written notice. We may suspend or terminate immediately for fraud, security risks, legal violations, material breach, non-cooperation with verification or advertiser requirements. Provisions on payments, fraud, confidentiality, intellectual property, liability and disputes survive termination.
10. Disclaimers and liability
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim implied warranties and do not guarantee uninterrupted access, campaign availability, conversion volume or revenue.
To the maximum extent permitted by law, MobItEasy is not liable for indirect, incidental, special, punitive or consequential loss. Aggregate liability will not exceed [LIABILITY CAP]. Nothing excludes liability that cannot lawfully be excluded.
11. Indemnity
You will indemnify MobItEasy, its affiliates and advertisers against third-party claims, regulatory actions, losses and reasonable costs arising from your traffic, creatives, breach of these Terms, infringement, unlawful processing or violation of applicable law.
12. Governing law and disputes
These Terms are governed by the laws of [ESTONIA — CONFIRM]. Courts located in [CITY AND COUNTRY] have exclusive jurisdiction, unless mandatory law requires otherwise. Before filing a claim, the parties will attempt in good faith to resolve the dispute for [30] days.
13. Changes and contact
We may update these Terms prospectively. Material changes will be notified through the platform, website or registered email. Continued use after the effective date constitutes acceptance where permitted by law.
Legal notices: [LEGAL EMAIL]
Compliance and fraud: [COMPLIANCE EMAIL]
Postal address: [LEGAL ADDRESS]
