This Agreement governs the Publisher’s participation in the Monetag Referral Program described herein (the “Referral Program”).
This Agreement constitutes an integral part of Monetag Terms and Conditions (the “Terms and Conditions”), which Publisher agreed upon when creating a Publisher Account with Monetag (‘Monetag Publisher Account’). Areas and/or terms not covered by this Agreement are regulated by the provisions of Monetag Terms and Conditions. In the event of any inconsistency between this Agreement and the Terms and Conditions, the terms of this Agreement shall govern.
This Agreement is entered into and between:
Propeller Ads Limited (Cyprus), Propeller Ads s.r.o. (Czech Republic), Propeller Ads Limited (Isle of Man), Adtech Agency FZ-LLC (United Arab Emirates) and Propeller Ads Private Limited (India) (the, “Monetag”, “Monetag.com”, “We”, etc.) an advertising network that provides services for products monetization and promotion, connecting publishers and advertisers through such service globally, being the creator and owner of this Referral Program; and
You (the, “Publisher”, “You”, “Yours”, etc.), the holder of a Monetag Publisher Account and participant in this Referral Program, hereinafter collectively referred to as the Parties.
Whereas Monetag wishes to increase its base of active clients (publishers) through this Referral Program and whereas the Publisher, having the necessary know-how and resources to act as a promoter of Monetag, wishes to participate into this Referral Program and to refer others to become Monetag Referred Clients,
Now the Parties conclude this Agreement and hereby agree as follows:
BY CHECKING THE BOX AND CLICKING “ACCEPT” BUTTON, AS APPLICABLE, OR BY CONTINUING TO PARTICIPATE IN THE REFERRAL PROGRAM FOLLOWING OUR PUBLICATION OF THE REVISED VERSION OF THIS AGREEMENT ON OUR WEBSITE, YOU (A) CONFIRM THAT YOU ARE AWARE AND COMPLY WITH PRESENT AGREEMENT AND AGREE TO BE BOUND BY IT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH MONETAG TERMS AND CONDITIONS AND THIS AGREEMENT AND THAT YOU SATISFY ALL PUBLISHER’S CONDITIONS AND REQUIREMENTS PROVIDED IN THIS AGREEMENT.
‘Publisher’: the owner of a Monetag Publisher Account and participant in this Referral Program who has the necessary know-how and resources to act as a promoter of Monetag and refers others to become Monetag Referred Clients. An individual or company who is using Monetag services through the Monetag Publisher Account according to the terms of this Agreement. A Publisher who terminates and/or is in breach of Monetag Terms and Conditions and/or whose Monetag Publisher Account is banned and/or suspended for any reason, will immediately cease to be a participant under this Referral Program and will not receive any payment under this Agreement.
‘Referred Client’: an individual or company, referred by the Publisher. May be either approved as an ‘Eligible Referred Client’ or be rejected as an ‘Ineligible Referred Client’ by Monetag, at its own discretion. ‘Existing and Past Clients’ of Monetag are not considered Referred Clients under this Agreement.
‘Existing and Past Clients’: Clients who currently have or had in the past business relations with Monetag prior to the conclusion of this Agreement.
‘Eligible Referred Client’: a Referred Client approved/accepted by Monetag as a new Monetag Client (a new publisher) who fulfils the criteria listed in clause 2 of this Agreement, successfully owns/holds a Monetag Publisher Account and complies at all times with Monetag’s Terms and Conditions. Someone who is not an ‘Ineligible Referred Client’. An Eligible Referred Client may become an ‘Ineligible Referred Client’ at any time and at Monetag’ sole discretion. An Eligible Referred Client may be either an ‘Active’ or ‘Inactive’ Referred Client.
‘Ineligible Referred Client’: a Referred Client rejected or an Eligible Referred Client re-categorised to Ineligible Referred Client by Monetag, at any time before or after its eligibility, at Monetag sole discretion, for not fulfilling the eligibility criteria listed in clause 2 of this Agreement and/or for violating Monetag’s Terms and Conditions. Is not qualified for payment purposes according to this Agreement. “Ineligible” Client status is permanent for this service and not subject to change from ineligible to eligible.
‘Referral Fee’: the monetary fees/commissions to be paid by Monetag to the Publisher for Active Eligible Referred Clients as specified under clause 4 of this Agreement.
‘Personal referral URL’: a unique URL/link provided by Monetag to the Publisher which will correlate Referred Clients submitted to the existing Monetag Publisher Account. The personal referral URL must be used when referring Referred Clients, otherwise, the Publisher will not be rewarded.
‘Active’ Referred Client: an Eligible Referred Client who registered an account with Monetag and is constantly using Monetag services without any interruption since then. Someone who is not an ‘Inactive’ Referred Client.
‘Inactive’ Referred Client: an Eligible Referred Client who has never registered an account with Monetag or an Active Eligible Referred Client who stops using Monetag services for 30 consecutive calendar days. “Inactive” Client status is permanent for this service and not subject to change from Inactive to Active.
1.2. In accordance with this Agreement, the Publisher must refer Monetag to potential new clients (publishers). For each Active Eligible Referred Client who meets the eligibility criteria for payment purposes under clause 2, Monetag shall pay to Publisher a Referral Fee as per clause 4 below.
1.3. Monetag will provide the Publisher information about the number of Eligible Referred Clients with additional information about the activity status (either Active or Inactive) without any additional details according to data privacy laws. The status of Eligible Referred Clients is not subject to disclosure. Monetag will not provide a reason for the inactivity of an Eligible Referred Client to the Publisher.
1.4. Publisher hereby irrevocably agrees to the exclusive power and right of Monetag to categorise/re-categorise/accept/reject any client, referred by the Publisher, to/as a Referred/Existing/Eligible/Ineligible/Active/Inactive Client, at any time and at its sole discretion. You herby confirm that you will not interfere with such power/right vested in Monetag in any way and at any time.
1.5. Eligible Referred Clients who use Monetag services through a Monetag Publisher Account according to Monetag Terms and Conditions are deemed to be clients of Monetag. Accordingly, all rules, policies and operating procedures concerning Monetag services will apply to those clients. Monetag may change its terms, policies and operating procedure at any time.
1.6. Monetag reserves the right to deny or terminate access to the Referral Program, to You and/or to any Referred Client or to terminate the Referral Program at any time, in its sole discretion.
2.1. A Referred Client for payment purposes under this Agreement must meet the following criteria at all times:
2.2. The Publisher hereby understands and agrees that the categorisation/re-categorisation/acceptance/rejection of any Referred Client to/as an Existing/Eligible/Ineligible/Active/Inactive Client, is at all times at the sole discretion of Monetag.
2.3. You agree that in any case that an Active Eligible Referred Client stops and/or no longer meets any and/or all the criteria described in clause 2.1. above, at the sole discretion of Monetag, at any time and for any reason, the concerned Client will no longer be eligible or qualified under this Referral Program for payment purposes.
3.1. The Publisher must use its best endeavours in identifying potential new Eligible Referred Clients and distributing the personal referral URL available in the Monetag Publisher Account to them only;
3.2. When referring new clients to Monetag, the method, details, and means of performing your duties shall be exclusively and solely determined by you. However, when executing your responsibilities under this Agreement you must operate in accordance with all applicable legislation and protect Monetag's interests and confidential information with the highest possible diligence of a responsible professional;
3.3. You hereby confirm that you and/or your participation in this Referral Program will not harm Monetag and/or Monetag reputation in any way;
3.4. Apart from the Referral Fee agreed in this Agreement, you will not and must not receive any other payment of any kind from Monetag for the execution of your duties under this Agreement, you shall execute this Agreement at your own expense;
3.5. You are not entitled to and you must not receive any payments on behalf of Monetag. You have no authority to conclude agreements on behalf of, or in any way that may bind Monetag in any way with any third parties;
3.6. You must not in no way represent yourself and must ensure that your personnel do not represent themselves or you as employee(s) or agent(s) of Monetag. You have no authority to make or discuss offers/services of Monetag;
3.7. You are not responsible for assisting or guiding the relationship between a Referred Client and Monetag;
3.8. You are not permitted and you will be disqualified from receiving any and all Referral Fees through this Referral Program and your participation in this Referral Program will be stopped for a) self-referring, b) creating duplicate accounts c) violating any other rules of this Agreement or breaching any term of the Monetag Terms and Conditions. In any case where Monetag considers at its own discretion that your actions/inactions are not consistent with the intent of this Referral Program (i.e. intentionally referring related parties or your own accounts, referring fraud accounts), you will be immediately removed from this Referral Program and any accrued Referral Fees will be cancelled;
3.9. You must provide any and all information and details in relation to your execution of this Agreement when and as may be requested by Monetag. Information may include the list of used Promotion channels, materials and or any other details related to the promotion of Monetag. Refusal to provide any requested details will be considered as a violation of this agreement.
4.1. Monetag shall pay the Publisher a Referral Fee, as a commission, for each Active Eligible Referred Client who is using the Monetag services. The following methodology will apply in relation to the calculation of a Referral Fee:
4.2. Monetag has the right to change the Referral Fee calculation rules specified in clause 4.1 without a prior notice and/or change it individually for any Publisher and/or Referred Client/Active Eligible Referred Client in any way at its sole discretion.
4.3. All amounts calculated based on rules described in clause 4.1 are accrued on Monetag Publisher Account and will be first used to cover Publisher’s fee for using Monetag services.
4.4. The Referral Fee calculation will be stopped when an Active Eligible Referred Client becomes ‘Ineligible’ and/or ‘Inactive’ for any reason at Monetag’ own discretion. After this point, commission will no longer be paid to the Publisher for such Client.
4.5. Publisher will not receive any payment/commission/Referral Fee under this Agreement if at any time and for any reason is no longer considered and/or no longer meets the conditions of a ‘Publisher’ participant under this Referral Program.
5.1. During the validity of this Agreement the Publisher may use Monetag's trademarks, trade names or any other symbols for the sole purpose of identifying and advertising Monetag and its services within the scope of this Agreement and in Monetag's sole interest.
5.2. You are especially not allowed to use Monetag's trademarks, trade names or any other symbols 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 Monetag’s). Your activities, including those involving paid campaigns, must not directly compete with Monetag’s activities in a given advertising system.
5.3. The Publisher hereby agrees neither to register, nor to have registered any trademarks, trade names or symbols of Monetag or which are confusingly similar to the ones of Monetag.
5.4. You must not alter, modify, manipulate or create derivative works of Monetag or any graphics, creative, copy or other materials owned by, or licensed to Monetag in any way. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Monetag’ trademarks, service marks, copyrights, patents or trade secrets. All rights not expressly granted in this Agreement are reserved by Monetag.
5.5. The Publisher shall notify Monetag of any infringement of Monetag's trademarks, trade names or symbols that come to its notice.
5.6. Regardless of the other provisions of this Agreement, in case of breach of this clause 5 by the Publisher, Monetag is entitled to terminate the Agreement immediately and no Referral Fees will be paid to the Publisher.
6.1. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT AND TO THE EXTEND PERMITTED BY LAW MONETAG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS REFERRAL PROGRAM AND LINKS ARE PROVIDED “AS IS” AND AT PUBLISHER’S OPTION AND RISK AND MONETAG DOES NOT GUARANTEE ANY RESULTS OR SECURITY.
6.2. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE REFERRAL LINKS AND YOUR PARTICIPATION IN THE REFERRAL PROGRAM. IN NO EVENT SHALL MONETAG OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY SPECIAL, 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 MONETAG 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, MONETAG 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 REFERRAL PROGRAM IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO 50 USD.
7.1. You shall indemnify, defend and hold Monetag harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys´ fees) which may be incurred by or to any third party arising out of your: (a) improper use of the Monetag service and/or this Referral Program; (b) improper operation of the Referral Program; and (c) breach or violation of any clause of this Agreement and/or Monetag Terms and Conditions including any of their updated versions.
9.1. This Agreement constitutes an integral part of Publisher’s Monetag Terms and Conditions (available at www.monetag.com).
9.2. This Agreement enters into force when the Publisher registers as a participant in the Referring Program upon accepting the terms of this Agreement, before receiving the personal referral URL, and shall remain in force until terminated.
9.3. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party, or the breach of this Agreement and/or of any of Monetag Terms and Conditions by you, or upon your termination of the Monetag Terms and Conditions according to the concerned Termination clause.
9.4. This Agreement and/or Referral Program can and may be terminated by Monetag with immediate effect, at any time and for any reason, at its own discretion, with or without prior notice.
9.5. Publisher may terminate this Agreement with 48 hours prior written notice.
9.6. In any event of termination, Publisher will only receive Referral Fees that were earned for an Active Eligible Referred Client that occurred prior to the termination date.
10.1. This Agreement is non-exclusive and the relationship between the Parties is that of an independent contractors. Nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or employer and employee between the Parties.
11.1. This Agreement shall be governed by and construed in accordance with the laws of Cyprus. The courts of Cyprus shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
11.2. Monetag reserves the right, in its discretion, to change, amend or modify all or any part of the Program or this Agreement at any time unilaterally, through a notice and/or relevant information made available at Monetag’s website. The Publisher shall be deemed to have received such notice within two (2) weeks of the notice being sent by e-mail or made available in Monetag Publisher Account on Monetag’s website. Publisher may, within thirty (30) calendar days since the notice, to terminate this Agreement, provided that the changes have an adverse effect that could not be considered as minor on the Publisher. Continued participation in the Referral Program after such notice constitutes Publisher’s binding acceptance of the updated terms and conditions in this Agreement, including any changes or modifications made by Monetag.
12.1. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
12.2. Monetag may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Monetag, which shall not be unreasonably withheld.
12.3. All notices given under this Agreement shall be sent to the addresses submitted by you when signing up for the Monetag service and/or this Referral Program by certified mail, fax, email or courier. Notice shall be deemed served at the date of automatic delivery receipt. You further agree on Monetag using of any communication method (email message/SMS message/phone) with contact details provided in your Monetag Publisher Account.
This agreement was last updated on 30.11.2022