Terms of Service - Affiliates
By completing the registration with Moneclicks, affiliates are deemed to have agreed to the following terms. These terms constitute the “Contract”.
This contract is between MONECLICK Limited. (“MC”, “we”, “MoneClick”) and the “affiliate” registered as an affiliate, whether a company or an individual. If the affiliate does not comply with this contract, they cannot participate in Moneclicks as an affiliate.
Participation in Moneclicks
- Moneclicks is only available to users over the age of 18. By using this site, the user represents and warrants that they are of legal age to enter into an affiliate contract with Moneclicks and that they meet all the participation conditions listed below. If any of these requirements are not met, the user cannot use this site.
- Moneclicks operates an advertising platform where affiliate link publishers (affiliates) promote the use and sales of products from online service providers (advertisers) in exchange for a commission from the advertisers.
- here is no cost to participate in or use Moneclicks. Once the affiliate registration is completed on the site, the affiliate is automatically approved and can participate in or use Moneclicks.
- Providing false personal information or creating an account for anyone other than oneself without permission is prohibited. If an account is suspended by Moneclicks or an advertiser, creating a new account without our permission is not allowed.
- After registering with Moneclicks, affiliates cannot join or use affiliate programs of advertisers already partnered with Moneclicks. This applies to both individual affiliates and their operated sites. Affiliates must conduct their activities through Moneclicks’s links and all communications with advertisers must be conducted through Moneclicks. If it is confirmed that an affiliate has joined an advertiser’s affiliate program after joining Moneclicks, a penalty will be imposed, and the partnership with the advertiser will be terminated. A fine of $10,000 per advertiser will be deducted from the affiliate’s earnings generated through Moneclicks. (If the earnings balance is less than $10,000, withdrawals will be stopped until the amount reaches $10,000).
- Affiliates must register the sites they operate for their affiliate activities in Moneclicks’s management interface. Earnings generated from sites that are not registered may be invalidated.
Account Usage
- By logging into their affiliate management interface, affiliates can participate in the network and promote the use and sales of products from approved advertisers.
- Only one account can be created per affiliate. MC is not responsible for any troubles arising from account sharing with others.
- Affiliates are granted access to the list of advertisers approved by Moneclicks.
- Affiliates are granted access to promotional materials and trademarks of advertisers (collectively referred to as “ads”). As long as affiliates comply with the terms of this contract and the individual terms of each advertiser, they can place “ads” in any preferred location on their website.
- Moneclicks prohibits the use of this site by affiliates operating websites containing sexual, racist, or illegal content. The definition of sexual, racist, or illegal content is at the sole discretion of Moneclicks.
- Moneclicks does not support advertising on any site related to racist or illegal content. Moneclicks strives to monitor for any abuse and ensure that advertisers’ ads are carefully placed. Moneclicks operates in full compliance with the CAN-SPAM Act of 2003 and requires affiliates to comply as well.
- If it is clear that the registered website is not for affiliate purposes (no posts, tweets, followers, or the account is private), the account can be invalidated without notice.
- If an affiliate sends spam or engages in unauthorized promotional activities, Moneclicks can invalidate the affiliate’s account without prior notice.
- Affiliates must comply with the terms of the advertisers’ affiliate programs when promoting through Moneclicks.
- Affiliates cannot conduct promotions or campaigns offering benefits such as gift vouchers or cash back without prior permission from Moneclicks. If detected, the earnings will be forfeited and the account will be suspended.
- Moneclicks can delete accounts that have not been verified since creation or have not been accessed for more than six months without prior notice. Additionally, earnings that have not been withdrawn for more than six months will be forfeited.
- If affiliates stop using their website or transfer it to another, they must notify Moneclicks or update the new owner’s information in their account.
- If affiliates notice or suspect misuse of the network, they must immediately inform Moneclicks.
- Affiliates must comply with the terms of each advertiser’s affiliate program. Some advertisers may have additional rules such as prohibiting paid ads or adult site listings. If advertisers point out any violations, the affiliate’s account can be invalidated without prior notice.
Affiliate commissions and Payments
- Affiliate commissions are determined solely by Moneclicks.
- If affiliates are to be paid, Moneclicks will implement payment plans as needed or monthly.
- Affiliates can choose the payment method designated by Moneclicks to receive their commissions.
- Payments to affiliates will be made on the 25th of the month following the month-end closing (e.g., confirmed at the end of March, available for withdrawal on April 25th). However, depending on the terms and screening of the chosen payment method, it may take about three business days for the funds to be credited.
- Affiliate commissions are calculated by the 5th of each month, and payment statements are automatically sent by email. We strive to pay affiliates on the 25th upon receiving the payment statement. However, the commission amount may change due to data corrections by the advertiser even after the email is sent.
- If the advertiser does not pay the amount related to the affiliate’s commission to Moneclicks, Moneclicks will not pay those commissions to the affiliate until the advertiser’s payment is made.
- Payments to affiliates are made in USD from Moneclicks. Affiliates must follow the exchange rates provided by the service used to receive the commission. Moneclicks is not involved in this.
- Affiliate program revenues are processed by domain and paid per registered account.
- If there are any issues with the payment system, it may not be possible to make payments by the due date. Moneclicks always strives to ensure the payment system operates normally.
- There is no minimum amount set for affiliate commission payments.
- If there is suspicion of violation of this contract or individually set conditions by advertisers, Moneclicks can freeze accounts and forfeit the earned commissions, with ownership of the commissions automatically transferred to Moneclicks.
- Earnings generated from websites or promotional media not registered in advance with Moneclicks are invalid.
- commissions earned through self-affiliation or promotional methods deemed fraudulent by Moneclicks are all invalid.
- Additionally, if fraud and unauthorized multiple account creation are discovered by the casino, and commission approval is rejected, Moneclicks will not pay the affiliate.
- If the casino or Moneclicks determines that commissions were fraudulently earned after payment, the affiliate is obligated to return the fraudulent commissions, and Moneclicks can recover them from the affiliate’s commission balance.
- In the event of withdrawals to other wallets or bank accounts being mistakenly or fraudulently made, Moneclicks is not responsible for refunds or compensation.
Termination of Affiliates
- Moneclicks reserves the right to terminate affiliates and the right not to pay any unpaid amounts deemed to have violated this contract or advertiser terms.
- If affiliates engage in illegal, fraudulent, unjust acts, or actions deemed by Moneclicks to be against the site’s operational rules or detrimental to other site users, Moneclicks can revoke the affiliate’s qualification to use part or all of the site at its discretion. Such fraudulent acts include but are not limited to:
- Providing false personal information required for account creation
- Account registration not matching verification information
- Accounts not completed with KYC (Know Your Customer)
- Sending spam emails
- Misusing advertising programs using methods such as accumulating earnings, program techniques, or falsified information
- Intentional fraud or other acts of altering computer programs or member information constituting the site
- Moneclicks can invalidate the amounts earned by affiliates and refuse payments or refunds. If affiliates engaged in past or present fraudulent activities, or if advertisers individually request termination of affiliation with specific affiliates, Moneclicks can demand a refund of the cumulative amount.
- Affiliates can voluntarily terminate their Moneclicks account. In that case, the right to unpaid commissions will be waived, and all rights and ownership held in the account will be forfeited.
- commissions received after the termination date will not be received under any circumstances.
Trademarks, Copyrights, and Ownership
- Affiliates cannot use, distribute, modify, transmit, reuse, or republish any text and images owned by Moneclicks or its advertisers for public or commercial purposes without Moneclicks’s permission, except for the images and text distributed in this affiliate program.
- Moneclicks is not responsible for any damage or infection to affiliates’ computer equipment or other property caused by accessing the site, materials, data, text, or images.
- The trademarks, logos, and domain names displayed on the site are trademarks of Moneclicks. Unauthorized use is prohibited in any case.
- Affiliates confirm that all rights related to Moneclicks’s offerings (including but not limited to ownership, intellectual property rights) belong to Moneclicks.
Limitation of Liability
- Moneclicks is not responsible for lost profits, any type of incidental, consequential, or special damages arising from contract breach, tort, contract nonconformity liability, product liability, or any other claims related to the advertisement contract and these terms with affiliates.
- Moneclicks is not responsible for any losses related to unauthorized reproduction of platforms or links posted on Twitter or blogs operated by affiliates.
Indemnification
- Affiliates shall indemnify Moneclicks for any damage caused by their actions that violate these terms and affiliate contracts. If a dispute arises with a third party due to such actions, affiliates shall resolve it at their own expense and responsibility without causing inconvenience to Moneclicks.
- Affiliates confirm that all rights related to Moneclicks’s offerings (including but not limited to ownership, intellectual property rights) belong to Moneclicks.
- If these terms constitute a consumer contract as defined in Article 2, Paragraph 3 of the Consumer Contract Act, the provisions completely exempting Moneclicks from liability for damages will not apply. In such cases, Moneclicks will be liable for damages up to the total amount of affiliate commissions paid to the affiliate by Moneclicks in the past year, for damages caused by Moneclicks’s breach of obligation or tort as specified in these terms. The same applies if the effect of these provisions is denied by other laws.
Dispute Resolution
- If a dispute arises between affiliates and advertisers concerning the affiliation, or if Moneclicks receives claims or requests from advertisers or third parties regarding the affiliate’s use of this service, affiliates shall address and resolve such disputes, claims, or requests at their own expense and responsibility. If Moneclicks suffers any damage due to such disputes, claims, or requests, affiliates shall immediately compensate for such damages.
Confidentiality
- “Confidential Information” includes all information disclosed to affiliates, and any information indicated or stated as confidential. Confidential information includes any information that should be appropriately treated as confidential. All know-how, information about advertisers, data, and software are confidential information. If affiliates are unsure whether the information disclosed to them is confidential, they must inquire with Moneclicks about whether it can be disclosed.
- We handle members’ personal information appropriately in accordance with the “Privacy Policy,” except where these terms specifically provide. When members agree to these terms, they are deemed to have also agreed to the “Privacy Policy.”
- Affiliates must not disclose any confidential information to third parties. Affiliates must take all appropriate measures and precautions to prevent confidential information from being disclosed to third parties. Affiliates must not use confidential information for any purpose other than to enjoy their rights or fulfill their obligations under this contract.
- Confidential information does not include information that has become public for reasons other than non-disclosure by affiliates. Additionally, information received by affiliates from third parties is not considered confidential information unless the third party disclosing it violated confidentiality obligations.
- Moneclicks may file an injunction against affiliates to prevent the disclosure of confidential information if such disclosure is likely to cause irreparable damage, or result in damages that are difficult to recover or compensate. Moneclicks’s right to an injunction is in addition to other rights to protect confidential information. If the injunction filed by Moneclicks is permitted by the court, affiliates must pay all litigation costs necessary for the injunction application.
Contract and Changes
- The provisions and terms contained in this document constitute the complete and exclusive agreement between Moneclicks and affiliates and take precedence over all prior contracts, offers, and agreements between Moneclicks and affiliates.
- This affiliate contract can be terminated at any time by Moneclicks. The termination will not affect the legal enforceability of the provisions of this contract related to actions or omissions prior to termination.
- Moneclicks reserves the right to change these terms or Moneclicks’s functions at any time without prior notice. Moneclicks will strive to notify affiliates of changes to the contract as they occur. By continuing to use the Moneclicks network after the contract change notification, affiliates are deemed to have accepted the contract. If affiliates do not agree to the contract changes by Moneclicks, they must immediately cease promotional activities and terminate their account.
- Affiliates agree that the terms of this contract take precedence if they do not conflict with other rules, regulations, and terms on this site.
- These terms are governed by and construed in accordance with the laws of the Republic of Malta. Any litigation regarding these terms shall be subject to the jurisdiction of the courts of the Republic of Malta, according to the amount in controversy.
Updated Terms: July 10, 2024
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