Our award-winning and results-oriented approach to problem solving enables us to carry out our work with clarity and purpose thereby yielding the best results in digital media. With more people making use of the mobile platform to search for information, MobX can help increase the global reach of your brand.
You will have contact support with our team of experts, marketers and managers.
We are always on ground to answer your questions and promptly reply to your enquiries.
We have an excellent reputation of getting things done in the mobile marketing industry.
Yep! That's who we are.
Social Media Marketing. Reach target audience, earn trust and maximize your brand recognition.
Petrovka Street, 15/13 Building 5
MobX Agency is committed to earning your trust and confidence. This notice explains our online technology and information collection practices in order to better protect your privacy.
Advertisements delivered by MobX Agency may give you access to other sites. The entities that advertise and/or place banner ads on the MobX Agency website properties are independent third parties and are not affiliated with MobX Agency. The linked sites are not under the control of MobX Agency, and MobX Agency does not assume any responsibility or liability for the actions, products, services, or content of linked sites. Visitors should consult the other sites' privacy notices, as we have no control over information that is submitted to, or collected by, these third parties. MobX Agency does not endorse, nor is it responsible for the accuracy of, the privacy policies and/or terms and conditions of advertisers and/or third parties accessible through the MobX Agency website.
Advertisers using the MobX Agency may collect personally identifiable information that is voluntarily provided by consumers for purposes including the purchase of goods and services, order shipment, and sweepstakes entry. This information is subject to the privacy policies of the individual advertisers and is processed by them.
MobX Agency reserves the right to release current or past publisher information in the event that MobX Agency believes that a user is using, or has used, MobX Agency’s services in violation of the terms and conditions and/or acceptance use policy, to commit unlawful acts, if the information is subpoenaed, if MobX Agency is sold or acquired, or when it is required by current legislation.
Please be advised that, although we take reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, MobX Agency cannot guarantee that your information will be absolutely secure. Any transmission of data at (or through) our websites is at your own risk. However, access to your information is strictly limited, and is not accessible to the public. Our employees are dedicated to ensuring the security and privacy of all MobX Agency user information. Users must be at least 18 years old to participate in MobX Agency promotions.
These MobX Agency Partner Terms and Conditions govern the terms of your participation as a Partner in our Advertising Program, and constitute your legal agreement with us.
After you submit an application for the participation in Advertising Program you affirm and acknowledge that you have read these Terms in its entirety, you expressly consent to these Terms, and a legally binding agreement on these Terms is concluded between you and us.
If you are accessing these Terms on behalf of a business entity, by doing so, you represent that you have the legal capacity and authority to bind such business entity to these Terms.
“Terms” means these MobX Agency Partner Terms and Conditions.
“MobX Agency”, “we”, “us” means MESOGILL HOLDINGS LTD., a Cypriot corporation, located at 155 ARCH.MAKARIOU III PROTEAS HOUSE 5TH FLOOR, 3026 LIMASSOL CYPRUS, registered number HE 383356, the owner and the operator of MobX Agency Advertising Program.
“Advertising Program” means our website and proprietary web-based and affiliate advertising platform, accessible at http://mobxnetwork.com and http://mobx.agency/ or any other website or mobile application provided by us, through which Advertising Program is available and provided, including their sub-domains, programming code, related technologies, knowhows, databases and design.
“Partner”, “you” means a legal entity or individual approved by MobX Agency and using Advertising Program and its functionality as an Ads distributor.
“Media" means websites, social media groups, accounts or channels owned, controlled or operated by you; and/or email campaigns, social media campaigns or search engine advertising campaigns (Google AdWords, Yandex.Direct) run by you.
“Tracking URL” means a unique URL which serves to identify you as a participant of Advertising Program and is used to establish a link between your Media and the Action.
“Creatives” means graphic and textual materials and/or other creative materials promoting Advertiser and/or its mobile application, which you may display on your Media.
“Advertiser” means a legal entity or individual using the MobX Agency Advertising Program and its functionality as an advertiser and who has placed an Offer(s) through Advertising Program.
“Offer” means terms and conditions set out by Advertiser for each advertising campaign, which are binding on you for as long as you distribute the Ads in promotions of such campaign(s).
“Ad”, “Ads” means a banner, text, post or any other type of online advertisement that includes Creatives, contains a link to the Advertiser’s landing page or Advertiser’s other destination, including Tracking URL, and is distributed by you through Media.
“CPA” means an advertising model known as “Cost per action”, “Cost per lead”, “Cost per user”, “Cost per install” and/or “Cost per sale”.
“Action” means an act or event (sales, downloads, registrations, etc.) that triggers Advertiser’s payment obligation and our subsequent payment obligation (both subject to all eligibility criteria and other provisions of these Terms).
“Marks” means trademarks, service marks, brand names and other designations of Advertiser or of its goods or services.
In order to become a Partner and to participate in the Advertising Program you should submit an application and to register for an Account with us
You may apply only if you are 18 years of age or over (or such other higher minimum legal age in your country) and it is legal for you to do so according to the laws that apply in your country. It is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to participate in the Advertising Program.
You can open an Account with us by entering your valid email address and login name, which will become your Account name, and choosing password (collectively - “Login Details”), and other information such as your:
You shall ensure that information provided at registration is always accurate and kept up to date.
After we review your application, we will notify you of your acceptance or rejection to the Advertising Program. We may accept or reject your application at our sole discretion for any reason. You hereby waive any claims related to rejection of your application.
You may be able to change information you have provided at registration by editing your Account preferences or contacting us.
You must not disclose your Login Details to anyone and allow anyone else to use it. You are responsible for the security of your Login Details.
Everyone who identifies themselves by entering correct Login Details is assumed by us to be the rightful Account holder and all transactions where Login Details have been entered correctly will be regarded as valid.
You may not create multiple Accounts. We may terminate any duplicate accounts at any time and withhold unpaid amounts.
The name on your Account with us must match your true and legal name and identity, and must match the name on the payment accounts used to withdraw monies.
To verify your identity, we may request at any time:
In the event you are a corporate entity, you may be requested to provide your formation documents and information sufficient for us to determine the corporate or business entity’s identity, and the authority of your business representative to act on its behalf, as well as the business representative’s identity.
If you do not supply such documentation to us we may suspend or terminate your Account and we may withhold the account balance until you supply such documentation and our verification process is completed satisfactorily.
Subject to the terms, limitations and conditions herein, we provide you with an access to Advertiser’s Offers. The terms and conditions of each Offer you have taken are binding on you. An Offer may include:
In case of conflict of these Terms and the applicable Offer, the terms and conditions of the Offer shall prevail.
You breach of any terms and conditions of an Offer constitutes your breach of these Terms.
You agree to work in full transparency with us and Advertisers, and agree to provide us and Advertisers with all applicable information regarding your activities, including without limitation, the promotional methods you use in order to promote and direct traffic to Media and/or to Ads. You acknowledge and agree that Advertisers, which Offers you have taken shall be entitled to approach you directly and require that you provide them with the necessary information.
We will make available to you your Tracking URLs and may provide you with resources, guidelines, support and Creatives, which can be integrated into Ads and which you may display through Media subject to terms and conditions of these Terms.
We grant you a nonexclusive, nontransferable, revocable right to place Tracking URLs and Creatives on your Ads and Media in accordance with these Terms and to identify your Media as a participant in Advertising Program, solely for the purpose of promoting the Advertisers during the term of your participation in Advertising Program.
You may not alter, modify, manipulate or create derivative works of the Creatives or any our or Advertisers’ graphics, creative, copy or other materials owned by, or licensed to us or to Advertisers in any way. You are only entitled to use these materials, in accordance with these Terms and to the extent that you are a member of Advertising Program in good standing.
You may not modify Tracking URLs and Creatives, unless you have received prior written consent from us to do so.
In the event that we determine that your use of Tracking URLs and Creatives is not in compliance with these Terms, we shall be entitled to take such measures as to make Tracking URLs used by you inactive and require you to immediately stop distributing Ads containing Creatives.
We may change, suspend, alter, modify or discontinue any aspect of Tracking URLs and Creatives. You agree to promptly implement any request from us to remove, alter or modify Tracking URLs and Creatives that is being used by you as part of Advertising Program.
You must first submit to us for review and approval Media you will be using and proposed Creatives (if such materials are not provided by us). We will notify you if Media and/or proposed Creatives have been approved for use or rejected as inappropriate.
We have the right in our sole discretion to monitor Media you use at any time and from time to time to determine if you are in compliance with these Terms.
If you wish to place Tracking URLs and Creatives within media or on sites other than approved Media you must request and receive our prior permission for the placement of Tracking URLs and Creatives on such alternative media or sites. If permission is granted, such alternative media or sites shall then become Media for the purposes of these Terms.
You accept that all your costs in connection with your activity under these Terms shall be borne solely by you and we shall under no circumstances participate in such costs.
Media (including any of their content), Creatives (if such materials are not provided by us or have been modified by you upon our approval according to these Terms) and Ads shall not at any time:
You must have express permission:
We will not be responsible if you use third-party copyrighted or other proprietary material, or infringe on right of publicity or personality rights in violation of the law.
You will not use any unsolicited or spam email to distribute Ads and you will ensure that Media and any related marketing materials or communications do not contain any spyware, adware or other unwanted threats and comply at all times with applicable anti-spam laws. Any emails that are distributed by you, directly or indirectly shall:
You shall either use email templates provided by us or you shall submit the final version of your email to us for approval prior to sending emails containing Tracking URLs, Creatives or Ads.
You shall not use SMS (text messages) in the process of distributing Ads, unless otherwise is set out in an applicable Offer.
You shall not distribute Ads by posting messages on newsgroups, chat-boards and other types of online forums.
You shall not distribute Ads over mobile advertising networks unless otherwise is permitted by an applicable Offer.
You shall refrain from keyword advertising with Internet search engines by bidding on keywords referring to Advertiser’s Marks, including but not limited to Marks spelled in any possible way (including with typos, spaces, signs, symbols, in any other way or in other languages).
We may request you to stop distributing any and all Ads or through specific Media or through any distribution method deemed by us questionable. Once we send you such request we will have no obligation to pay you for any Actions associated with the subject of our request.
We may update the list of prohibited Media or distribution channels and sources from time to time, in our sole discretion. All such Media shall be blocked from distribution by you immediately.
Your breach of the foregoing provisions under this Section, including, but not limited to a misuse of Creatives or use of Creatives not approved by us, will constitute a breach of these Terms, and we retain full authority to terminate these Terms immediately and retain for our own account any payment arising as a result of such activities that would otherwise have accrued to your benefit.
Action occurs when a bona fide user completes particular action following Ad as required by the Offer, and is not later determined to be fraudulent, incomplete, duplicate or Non-Qualified in any other manner.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other Partners or falsify information in connection with Tracking URLs, or the generation of Actions. We shall make all determinations about fraudulent activity in our sole discretion.
We shall have no obligation to pay for Actions which are “Non-Qualified” as determined by our tracking systems. Actions are considered as Non-Qualified if, in particular, they:
We maintain a zero tolerance policy towards fraud, invalid activities, and any methods that artificially generate Actions. We may use a third-party advertising fraud detection systems and tools (e.g. Forensiq) for that. In the event that we determine at our sole discretion that you have delivered Non-Qualified Actions, or traffic that we reasonably determine violates any term of the applicable Offer and/or these Terms, or we received any complaints about your participation in Advertising Program which we reasonably believe to violate these Terms, we may, at our option:
We retain the right to review all Actions for possible fraud, whether such fraud is on the part of users who have taken an Action or on your part. In any period of time during which we review Actions for possible fraud we shall have the right to withhold any payment accrued in your favor until such time as the review has been concluded. Further, in the event that we deem that fraud has occurred, either on your part or on the part of a user, you shall not be entitled to receive any payments which have accrued to your benefit as a result of such fraud.
For the sake of clarity, we shall have no obligation to pay for Actions if you make an misrepresentations in your Account or violate the terms set forth in Sections 2-8, 10, 12, 14 of these Terms.
You will cooperate with us to allow us to track Actions for Ads distributed through Media, including by using of Tracking URLs, tracking pixels and/or other methods as reasonably requested by us.
To permit accurate tracking, reporting, and payments accrual, you must ensure that the Tracking URLs are properly formatted.
You shall not alter or remove Tracking URLs from Ads or tracking pixels included or otherwise incorporated in Creatives.
The statistics will be in a pending status until the end of the calendar month.
We shall have the sole responsibility for calculation of statistics by using our tracking systems. You will be able to view your statistics through your Account. We shall make available to you information concerning the number of Actions brought by you in connection with each Offer, and accrued payments. Such our calculations shall be the sole and authoritative tool and shall not be open to review or appeal.
You understand that our online statistics may not be entirely accurate at a given moment. We may make adjustments to your online statistics.
Actions qualifying for a payout are defined in Offers by Advertisers. Advertisers may change any payout rate or cancel the Offer, in whole or in part, at their sole discretion.
We will pay you for Actions as determined by Advertisers on a case-by-case basis in their Offers. You acknowledge and agree that a different payment scheme may apply to other Partners, as determined at our sole discretion from time to time.
We will only pay for Actions tracked by our tracking system and associated with your Tracking URL. No payment will be made if Action cannot be tracked by our system.
We will make payments to you out of funds actually collected by us from Advertisers who initiated a particular Offer. We shall have no payment obligation to you where Advertiser has not remitted sufficient payments to cover the amounts otherwise due to you. Instead, you shall have the right to pursue any and all legal remedies directly against any Advertiser that has not made funds available to pay monies due to you for Actions in connection with particular Offers. If any Advertiser whose Offer has been executed by you defaults on payment to us, and we have paid you for Actions related to such Offer, we may withhold payment or charge back your accounts.
Calculation of the amount due to you for Actions may be postponed for up to 90 days due to, including but not limited to, the following circumstances:
Payments will be calculated solely based on our statistics through the use of industry standard tracking technology and shall be final and binding on you.
Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to Advertisers (e.g. any claims, demands, offsets or the like made by Advertisers, credit card chargebacks initiated by Advertiser or by the cardholder) and any amounts arising from restricted, invalid or Non-Qualified activity, as determined in these Terms. Restricted, invalid or Non-Qualified activity is determined by us in our sole discretion.
To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information within your Account with us.
We will generate an invoice on your behalf on a monthly basis. We will pay you in the US dollars via bank wire transfer (this option can be used if the transaction amount equals or exceeds US$1,000.00), PayPal, Webmoney or other payment methods (if applicable and at our sole discretion).
We will make payment to you within 30 days following the end of the calendar month, provided that your account equals or exceeds a payment threshold as it determined by us and set out at our FAQ webpage.
Unless expressly agreed by us, you may not enter into any type of arrangement with a third party where that third party receives payments made to you by us.
In addition to our other rights and remedies, we may:
If you wish to dispute any payment made or withheld under these Terms, you must notify us in writing within thirty (30) days of any such payment. If you have not done that, then any claim relating to the disputed payment is waived
You agree that you will be responsible for any charges and fees corresponding to the payment to you made by us, applied by our bank or payment provider, by any intermediaries, and by your bank or payment provider. For example, the payment to you made via bank transfer will be reduced by our bank’s fee for outgoing wires, by the charges of any intermediary banks (if applicable), and your bank’s fee for incoming wire (if applicable). The same applies to other payments methods.
You are responsible for any applicable taxes, duties, bank or payment provider fees or surcharges that may occur regarding the transaction. We may report and withhold any amount from your balance (for example, taxes) in order to comply with any applicable law.
We retain all right, title, and interest in and to Websites (including, but not limited to, ownership of all copyrights, trademarks, patents, derivative works, modifications, lists of advertisers, algorithms, taxonomies, trade secrets and other intellectual property rights therein).
Except as expressly stated in these Terms, nothing is intended to grant you any rights to any of our trademarks, service marks, copyrights, patents or trade secrets, Marks, or any other intellectual property or proprietary right.
You shall not use any of our brand names, designations and trademarks, or Marks other than in respect of these Terms.
You agree that we may use any suggestion, comment or recommendation you choose to provide to us without compensation.
Following the acceptance you as a participant of of Advertising Program and subject to your compliance with these Terms, we will provide you with a reasonable guidance. Such guidance may be posted on our website as a FAQ page.
We do not provide support and technical assistance relating to your use of Advertising Program. You shall be solely and exclusively responsible for the design, development, operation and maintenance of your Media and for any use of Media not operated or controlled by you.
We may disclose to you certain information as a result of your participation in Advertising Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purposes of these Terms, the term “Confidential Information” shall include, but not be limited to, any business and financial information relating to Advertising Program, customer and vendor lists relating to Advertising Program, or any information that we or Advertisers designate as confidential.
You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
We may issue a press release to announce the relationship contemplated by these Terms without your prior consent. You will not make any public statement, press release or other announcement relating to the terms or existence of these Terms or Offers without our prior written approval.
These Terms shall commence on the date of our approval of your Advertising Program application and shall continue thereafter until terminated.
At any time, either party may immediately terminate these Terms, with or without cause, by giving the other party written notice of termination. For example, we may terminate your Account and these Terms if your Account has been inactive or you have breached these Terms or applicable laws.
If these Terms are terminated because you have violated these Terms or applicable laws, you are not eligible to receive any payments, including earned prior to the date of termination. If these Terms are terminated for any other reason, you are only eligible to receive payments accrued through the date of termination, provided that any earned balance below the applicable threshold will remain unpaid. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Upon the termination of these Terms for any reason, you will immediately cease use of, and remove from Media and any other sources and media all Tracking URLs, Ads and Creatives and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licenses or created by us or by Advertisers and/or provided by or on behalf of us or Advertisers to you pursuant to these Terms, and will cease representing yourself as our Partner.
Termination of these Terms by you will not act as a waiver of any breach of these Terms and will not act as your release from any accrued liability or liability for breach of your obligations under these Terms or under applicable laws.
We may suspend your account or your participation in any Offer for any reason at any time without cause in its sole discretion without prior notice and free of liability.
You hereby represent and warrant to us the following:
We reserve the right, at our sole discretion:
Your continued participation in Advertising Program after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please terminate your participation in Advertising Program immediately.
Modifications may include, but are not limited to, changes in the scope of available Offers, payment rates and payment procedures.
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
ADVERTISING PROGRAM, CREATIVES, TRACKING URLS, PRODUCTS AND OUR SERVICES PROVIDED IN CONNECTION WITH THESE TERMS ARE PROVIDED TO YOU "AS IS". WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT ADVERTISING PROGRAM, CREATIVES, TRACKING URLS, PRODUCTS AND OUR SERVICES PROVIDED IN CONNECTION WITH THESE TERMS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF ADVERTISING PROGRAM, CREATIVES, TRACKING URLS, PRODUCTS AND OUR SERVICES PROVIDED IN CONNECTION WITH THESE TERMS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. WE DO NOT GUARANTEE THAT YOU WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF ADVERTISING PROGRAM, CREATIVES, TRACKING URLS, PRODUCTS AND OUR SERVICES PROVIDED IN CONNECTION WITH THESE TERMS, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY, DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO YOU BY US DURING THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed and interpreted in accordance with the laws of the Cyprus and the parties submit to the jurisdiction of the state courts located in Cyprus. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
You hereby irrevocably waive any objection which you may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to these Terms in the above mentioned jurisdictions, and hereby further irrevocably waive any claim that such jurisdictions are not convenient forums for any suits, actions or proceedings.
Our Relationship. You and we are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Media or otherwise, that reasonably would contradict anything in this Section.
Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:
Consent to Receive Communications in Electronic Form. For contractual purposes, you:
Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void. We may assign these Terms or any rights hereunder without your consent.
No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.
Severability and Integration. These Terms and Conditions constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.