This notice is made by ADWEB MEDIA S.R.O.(Czech Republic), trading as BeMob (hereinafter referred to as "ADWEB MEDIA S.R.O.", "we", "our" or “us”).
These Terms and Conditions (the "Agreement") sets forth the terms and conditions of Client’s participation in the BeMob referral program described herein (the “Program”).
This Agreement constitutes an integral part of Terms and Conditions for using BeMob (the “Terms and Conditions”).
In areas not covered by this agreement provisions of BeMob Terms and Conditions shall apply.
In the event of any inconsistency between this Agreement and the Terms and Conditions, the terms of this Agreement shall govern.
By registering as a participant of the Program, Client:
(a) agrees to be bound by this agreement;
(b) represents and warrants he/she satisfy all of Client’s requirements provided in the Terms and Conditions.
This agreement is effective as of the date Client registers as a participant of the Program.
1.1. In accordance with this Agreement the Client may refer BeMob to its potential users. For each referral (as defined below) BeMob shall pay a Referral Fee to the Client a Referral Fee.
1.2. A Referral (referred BeMob user) must satisfy each of the following criteria:
1.2.1. the referred BeMob user must register with BeMob using a link received by the Client through the Account interface;
1.2.2. provide all necessary details regulated with Terms and Conditions;
1.2.3. choose a paid plan;
1.2.4. perform successfully at least one payment;
1.2.5. the referred BeMob user must not be a current or past BeMob user;
1.2.6. the referred new BeMob user must not be a related entity to referring party or its other/new account;
1.2.7. BeMob must receive from the referred user all due payments in due time in accordance to the Terms and Conditions and none of these payments shall be reversed or otherwise recognized as a false transaction;
1.2.8. the referred BeMob user must use BeMob constantly beginning from the date of registration (based on the rules specified in point 1 above) without any interruption;
1.2.9. all the points listed above occur during Client’s period of participation in the Program.
2.1. The referred BeMob user is automatically qualified for the Program all conditions described in section 1.2 are respected and the Client referring him is eligible for Referral Fee.
The details on Referral Fee are described in section 3.
2.2. In case when the conditions described in section 1.2 are not respected the referred BeMob user will be removed from the Program and his future usage of BeMob will not be possible.
2.3. Any Client whose actions are not consistent with conditions of the Program (intentionally referring related parties or his own accounts, referring fraud accounts) will be immediately removed from the program and the referral fee will be annulated.
2.4. BeMob reserves the right to deny or terminate access to the Program to any Client, Referred BeMob User or to terminate the Program at any time, in its sole discretion. All accrued fee will remain settled.
3.1. For each qualified Referred BeMob User account, Client is provided with the commission fee based on:
– actual monthly recurring payment provided including the overage cost generated by the referred BeMob user;
– first year paid invoice for the referred BeMob user for yearly based subscription type.
Current commission rate is determined as 10% from each payment provided by the Referred BeMob User. The referral fee is calculated on the moment of successful payment for chosen plan by the Referred BeMob User.
Monthly Referral Fee per Referred BeMob User is limited to 100 (one hundred) USD.
3.2. Client shall provide BeMob with valid PayPal account to receive the referral fee.
Client is solely responsible ensuring its account information is accurate and current.
BeMob will not be responsible for any payments not received due to Client failing to provide accurate and complete account information for payment.
3.3. Client agrees and acknowledges that the Referral Fee is paid on request. To receive the referral fee Client should contact [email protected]
3.4. If requested and approved, the Referral Fee shall be paid within 30 days from the request date. The Referral Fee shall be subject to payout if total accrued liability from BeMob to Client is above 100 (one hundred) United States Dollars. BeMob reserves the right, in its sole discretion not to pay any Referral Fees to Client where BeMob determines Client’s actions are not consistent with the intent of the Program.
3.5. Client shall pay all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against BeMob. Client shall reimburse BeMob for the amount of any such taxes or duties paid or accrued directly by BeMob as a result of this transaction. All activities related to the calculation of the Referral Fee or to the payment shall be performed on the side of BeMob.
3.6. All amounts referenced or payable under this Agreement are in U.S. Dollars.
3.7. All amounts referenced or payable under this Agreement are considered to be gross amounts (i.e. including all applicable taxes, in particular VAT).
3.8. The use of Referral Fee’s amounts accrued by the Client is performed in accordance with the date of their calculation starting from the earliest one.
4.1. Clients who purchase plans through the Program should be to clients of BeMob.
4.2. All rules, policies and operating procedures will apply to those clients.
4.3. BeMob may change its policies and operating procedure at any time. Prices and availability of BeMob’s products may vary from time to time.
5.1. Both Client and BeMob are entering this agreement as independent contractors, and in no way are entering a formal partnership or joint venture.
5.2. Client has no authority to represent BeMob on its behalf, make or discuss pricing offers, or act as BeMob representative.
6.1. BeMob reserves the right, in its discretion, to change, terminate or modify all or any part of the Program or this Agreement at any time.
6.2. Changes will come into force not sooner than 14 days after they are posted. Modifications concerning Referral Fee or payment thereof come into force on specified date not sooner than 14 days after they being made public.
6.3. If the Client continues the participation in the Referral Program after the changes are introduced, it is constituted the Client’s binding acceptance of the Terms and Conditions of this Agreement.
6.4. The Client shall check the Terms and Conditions of this Agreement from time to time to make himself acknowledged with the changes that BeMob may introduce.
7.1. Each Party may terminate its participation in this Agreement at any time by notifying the other Party. Regardless of the circumstances, such termination shall not give rise to liability.
7.2. Client’s participation in the Program and this Agreement are effective as long as Client is registered as a BeMob user.
7.3. In the event of a termination, Client will only receive Referral Fees that were earned in full for a Referral that occurred prior to the effective termination date.
8.1. EACH PARTY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANT-ABILITY FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND REFERRAL LINKS ARE PROVIDED “AS IS” AND AT CLIENT’S OPTION AND RISK AND BeMob DOES NOT GUARANTEE ANY RESULTS.
8.2 CLIENT TAKES ALL RESPONSIBILITY AND RISK FOR USE OF THE REFERRAL LINKS OR THEIR PARTICIPATION IN THE PROGRAM. IN NO EVENT SHALL BeMob OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS ARE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT OR THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE REFERRAL LINKS, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF BeMob HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, BeMob TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE REFERRAL LINKS OR PARTICIPATION IN THE PROGRAM IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO 50 USD.
9.2. The controller of the Client’s personal data for Program purposes is ADWEB MEDIA S.R.O.Czech Republic (hereinafter also referred to as: BeMob).
9.3. Contact to BeMob Data Protection Officer should be performed via email [email protected]
9.4. With regard to the Program, personal data of the Client is processed by BeMob only to ensure the terms stated in this Program, respond on the Client's inquires concerning the Program and processing the necessary accounting operations (including taxes).
9.5. Personal data of the Clients will be processed by BeMob. BeMob may engage third parties that support the operation of BeMob services (acting on its behalf), such us IT services providers including cloud or host services providers.
BeMob may also transfer personal data to a country outside of the European Economic Area (EEA), i.e. to the territory of United States of America for which the European Commission has adopted an adequacy decision (Privacy Shield), in order to protect storage and processing of data using IT services, as well as to provide the Client an availability to become a participant of the Program.
Client can learn more about the principles of personal data protection in the scope of the Privacy Shield Framework and also at Official Website of the European Union .
9.6. BeMob stores the personal data of Client for period of time which is sufficient to the purposes why it has been collected using generally accepted security standards and in compliance with applicable laws. The data is stored no longer than required.
BeMob is reserving the right to process Clients’ personal data for the statistics purposes, pursuing claims or defending against claims, handling Clients’ complaints and chargebacks as well as in order to meet the tax and accounting law requirements, where such processing will last only for the period of time necessary to achieve the intended purposes (e.g. for pursuing claims or defending against claims, the period of retention of Client’s data is no longer than limitation period for claims as defined in statutory law).
9.7. In connection with the processing of personal data for the purposes of the Program, the client has the following rights:
9.8.1. the right to confirm the processing of personal data and the right to access it (Article 15 GDPR);
9.8.2. the right to receive copies of the processed personal data (Article 15 GDPR);
9.8.3. the right to correct the inaccurate personal data and the right to fill in incomplete personal data (Article 16 of the GDPR);
9.8.4. the right to be forgotten (article 17 GDPR);
9.8.5. the right to receive restrictions on the processing of personal data (Article 18 GDPR);
9.8.6. right to personal data portability (Article 20 GDPR);
9.8.7. the right to object from the processing of personal data (Article 21 GDPR).
9.8. To exercise the rights specified in the section 9.7. the Client should contact [email protected]
9.9. In case of violation the Client has the right to forward a complaint to the competent Supervisory authority.
9.10. Processing of the client's personal data for the purposes of the program is voluntary, but it is necessary for the client to participate in the program.
The client hereby agrees that BeMob may assign any of Its rights and obligations under these Terms and additional agreements (if entered into with the client) to any third party and at any time without the Client's separate consent.
11.1. “BeMob” brand name is a registered trademark (both as a word and graphic mark) across the United States and European Union. It means that by operation of law you are especially not allowed to use it in relation to advertising our affiliate tracker in a way that raises any doubt as to the advertiser’s identity (i.e. the user should be aware that it is your advertisement not BeMob’s).
Opposite actions may also be considered as acts of competition sanctioned by applicable laws.
Usage of our brand name in the content of the advertisement is however restricted in all kinds of advertising systems, including Google Ads & Bing Ads (and their partners).
Furthermore referral campaigns for keywords containing “BeMob” brand name are forbidden in Google Ads & Bing Ads systems.
Although, we allow you to run referral campaigns for keywords containing “BeMob” brand name in other systems not mentioned herein. Please be informed that in any case, the Client’s activities, including those involving paid campaigns, should not directly compete with BeMob’s activities in a given advertising system.
11.2. Regardless of the other provisions of this Agreement, in case of breach of the point 11.1. by the Client, BeMob is entitled to terminate the Agreement immediately and no Referral Fees shall be paid to the Client.
Updated over 1 year ago