The participants of the Affiliate Network are Advertisers, Publishers, and Admitad.
Advertisers are the persons who define the terms of Affiliate Programs and provide opportunities for advertising their goods and services through various advertising media and the provision of Ad Creatives. Advertisers provide Ad Creatives such as graphic banners, text links, XML product catalogs, and other types of Ad Creatives.
Publishers are the persons placing Ad Creatives at their declared Ad Spaces.
1. General provisions
1.1. To participate in the Affiliate Network, the Publisher submits a registration form on the registration page of the www.admitad.com domain.
1.2. Registration is available to persons who have reached the age of 18.
1.3. By submitting the registration form, the Publisher is acknowledging these Terms. Thus, the Publisher is accepting the Agreement (offer) on their participation in the Admitad Affiliate Network.
1.4. If these Terms are met, the Publisher receives a confirmation letter to the email address specified by them upon registration. Further, the participant must complete the registration process in order to be able to work in the Affiliate Network.
1.5. Admitad reserves the right to deny the Publisher to participate in the Affiliate Network with no reasons given.
1.6. After completion of the registration process and activation of the account, the Publisher may use the services of the Affiliate Network. The Publisher may change the data provided upon registration in their personal account. The exception is their username.
1.7. These Terms shall prevail over any terms provided by the Publishers.
1.8. The Publisher’s participation in the Admitad Affiliate Network does not create any contract between the Publisher and any Advertiser.
2. The subject of the Agreement
2.1. Admitad provides for use and operates an Affiliate Network on the www.admitad.com domain. The participants of the Affiliate Network are Advertisers, Publishers, and Admitad. Publishers are individuals or legal entities that provide space for advertisements on their Ad Spaces.
The Advertisers are legal entities that provide (having the relevant right) the opportunity to advertise products and/or services with the help of the Admitad Affiliate Network through so-called Affiliate Programs using Ad Creatives.
2.2. Publishers shall place the Advertiser’s Ad Creatives on their declared Ad Spaces. When a user arrives at the Advertiser’s website through an Ad Creative placed on the Publisher’s Ad Space and makes there a Deal that ends with payment, the Publisher’s advertisement shall be considered successful and the Publisher shall receive a pre-agreed reward. A “Deal” means an action that gives the Publisher the right to receive the reward. These can be actions such as buying goods, ordering and/or purchasing services, registering, subscribing to newsletters, etc. The essence of the Deal paid in the form of a reward by the Advertiser shall be specifically defined in the description of each program. A combination of several types of Deals is also possible.
2.3. Admitad tracks and logs all Deals and provides the Publisher with the information to that effect, as well as calculate the amount of the rewards. The Advertiser shall make the final decision on whether the Deal actually took place. Whether a deal has been made is subject to the terms of the particular program and is determined by the advertiser, Admitad has no control over this.
2.4. Admitad Affiliate Network constantly develops and improves its services. In this connection, Admitad reserves the right to temporarily suspend the provision of any of the services, in whole or in part, if it is necessary for the performance of maintenance works, improvement of the service functions, or change of the service provided.
2.5. In order to use the services of the Admitad Affiliate Network, it is required to use certain technical means and software packages, telecommunication networks, and services of third-party organizations. Admitad shall, subject to clause 12, not be liable for the resulting costs, possible damages, and interference.
2.6. Admitad shall have the right to suspend payments to the Publisher in the event of an objective suspicion of violation of these Terms, as well as to verify the Publisher’s specified data and/or the Publisher’s traffic quality.
3. Participation in the Affiliate Network activities
3.2. Ad Spaces under construction are not allowed to participate. It is also forbidden to buy traffic in Active Advertising Systems (CAP, WmMail, Seosprint, etc.), Buxes, and similar systems.
3.3. The Publisher shall submit the request for participation in the Affiliate Program, thereby recognizing the possible additional Program Terms of participation therein, that the Advertiser may add to the description of his/her program and which will be displayed to the Publisher. Such Program Terms are considered an addition to these Terms. The Publisher agrees that the Program Terms can change at any time, and undertakes the responsibility to monitor such changes. By continuing to participate in the Affiliate Program, the Publisher automatically agrees to the Program Terms thereof.
3.4. Only the Advertiser shall make the decision to admit the Publisher to the partnership. The Publisher does not have a legal basis for obtaining such an admission if the opposite decision was made.
3.5. Admitad reserves the right to request data on the traffic source and access the statistics of the Ad Space, while limiting the Publisher’s participation in the Admitad network. In this case, the Publisher must provide the requested data within 30 days; otherwise, Admitad reserves the right to stop displaying the advertisements on the Publisher’s website and/or to take other measures to protect the interests of the Advertisers, whose advertisements are displayed at the Publisher’s spaces.
3.6. Admitad shall have the right to request from the Publisher documents and data necessary (and if applicable) to confirm the validity of information about the Publisher including but not limited to name, date of birth, address, tax number, and banking details. By accepting these Terms, the Publisher agrees that s/he will, consciously and with unequivocal consent, provide data to Admitad. The Publisher’s refusal to provide data is considered as a refusal to participate in the Affiliate Network.
3.7. Admitad is entitled to unilaterally replace the Publisher’s broken affiliate links with working links and, in this case, not to credit rewards to the Publisher. “Broken links” are defined as affiliate links that do not take the user to the Advertiser’s website in the manner intended.
4. Rights and liabilities of the Publisher
4.1. The Publisher is obliged to strictly follow these Terms and to ensure that the data provided by them to Admitad by any means, including the registration form, are complete and true. If any of these data are changed, the Publisher shall, within 5 days from the date of the change, make the relevant changes thereto in their personal account.
4.2. The Publisher undertakes to strictly store their data (username, password, and code for two-factor authentication) for access to the Admitad Affiliate Network and not allow the transfer thereof to third parties. The Publisher is solely responsible for the safety of the username and password.
4.3. The Publisher needs to have the rights to conduct marketing activities on the Ad Spaces. They shall bear any legal and property liability for what happens on their Ad Spaces.
4.4. When using Ad Creatives on the Ad Space, the Publisher undertakes not to violate the rights of the third rightsholders to the trademark, brand, personal rights, and other rights without the permission of the rightsholders in accordance with the current legislation. The Publisher agrees not to use on their Ad Space the content that violates applicable laws or leads to pages that violate applicable laws. When emailing promotional materials containing the Advertisers’ Ad Creatives, the Publisher is prohibited from using spam. To send promotional materials by email, the Publisher must obtain the consent of each recipient and provide Admitad with the relevant evidence upon request.
4.5. The Publisher agrees not to take any action that affects the operation of the Admitad Affiliate Network. Such actions include the attempts to technically influence the efficiency of the servers of the Affiliate Network, the attempts to hack the security mechanisms, to use viruses, trojans, and other malicious programs for any purpose. This shall also include brute force attacks, DoS (DDoS) attacks, spam, the use of links, and any other processes that may damage the operation of the Affiliate Network.
4.6. The Publisher may have only one account, i.e. one account per one individual or one account per one legal entity may be created. If an individual performs official duties on the staff or for a legal entity that has an account in the Admitad Affiliate Network, then it is prohibited for such a person to create a personal account as an individual to perform their official duties for the legal entity.
4.7. The Publisher undertakes to thoroughly study and execute the Programs Terms and refer to them during the entire period of placement of the Ad Creatives. The Publisher agrees that if s/he fails to perform this duty, their access to the relevant program may be suspended. In case Admitad or the Advertiser suffers losses caused by the publisher’s violation of the Program Terms, the relevant amount will be deducted from the Publisher’s account. In the absence of funds on the Publisher’s account, the Publisher undertakes to reimburse such losses at the request of Admitad within 10 (ten) days.
4.8. The Publisher, at the request of Admitad or the Advertiser, undertakes to check the Traffic Source and provide all requested files, documents, etc. Otherwise, the Publisher’s access to the relevant Program may be blocked, and appropriate sanctions may be applied.
4.9. When creating any Ad Creatives, the Publisher is prohibited to use Ad Creatives and Trademark other than the Trademark and the Ad Creatives that were uploaded by the Advertiser in the Admitad system, unless otherwise specified. In the case the Publisher creates Ad Creatives and distorts Ad Creatives provided by the Advertiser, the Publisher is entirely responsible for placing these Ad Creatives as an owner and distributor in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial, to settle all other disputable situations, including the situations with state authorities and third parties (Advertisers).
4.10. The Publisher undertakes to update affiliate links in good time and monitor the condition of the links. Links can become broken in the following cases:
The Advertiser has suspended their work or no longer works with Admitad.
The Publisher left the affiliate program or was disconnected from it.
The Publisher’s ad space was removed, blocked, or disconnected from the affiliate program.
The affiliate program’s action limit was exceeded.
The ad creative (banner, landing page, coupon) was removed or deactivated.
The deeplink created by the Publisher leads to a non-existent page, or the affiliate program does not support the generation of affiliate links using the deeplink feature.
4. 11. The Publisher agrees to provide Admitad with any requested documents necessary to confirm the information about the Publisher.
4.12. The Publisher is notified and agreed that Admitad has the right to pay the Publisher a reward only after the Advertiser wires a payment for the provided services to the Admitad settlement account.
5. Admitad Affiliate Network prohibits the following activities:
5.1. To make Deals by methods or means that violate the current legislation, the Agreement, or the Program Terms.
5.2. To simulate Deals by entering knowingly incorrect, non-existent, or someone else’s data unbeknownst to their owner when ordering goods or services by any means.
5.3. To use the advertising methods that force the visitor to perform actions by deception, blackmail, or any other actions that violate the visitor’s freedom of choice.
5.4. To use the data of the Advertiser or a third party protected by a registered trademark, copyright, other legally registered rights of the holder, for purposes other than the purposes of these Terms. In the case of using the Advertiser’s trademarks and ad creatives for purposes other than those specified in this Agreement, the Publisher is fully responsible for such placements in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial ones, to settle all other disputable situations, including with state authorities and third parties (Advertisers).
5.5. To use promotional materials, including a brand of one Advertiser, to promote the site of another Advertiser.
5.6. To use any technology and types of cookie stuffing (cookie dropping). It is prohibited to use scripts that set in the user’s browser cookies of the websites that the user did not visit. It is prohibited to rearrange, substitute or overwrite the user’s cookies with others that do not belong to the websites that the user visited, as well as substitute cookies using pop-ups, iframe, or by inserting the URL of a third-party page as a picture on an existing website.
5.7. To register and/or use for promotion domains similar to that of the Advertisers’ websites.
5.8. To use the registered Ad Space with a specific declared traffic source for attracting a different type of traffic.
5.9. To delete an account with the negative balance and/or publisher’s debt to Admitad.
5.10. With regard to Admitad employees and employees of all the Admitad-affiliated companies only, to register as a publisher for the duration of their employment period.
5.11. If the violations described above are detected, the Publisher’s account is immediately blocked and all earnings earned as the result of these violations are transferred to the Advertiser. The Publisher is notified of the decision by the administration. After the account is blocked, it is impossible to create another one.
5.12. For the above violations, the Publisher must pay a fine of €500. If as the result of the Publisher’s culpable violations, a third person initiates an administrative or any other lawsuit against Admitad, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.
6. Payment for the Publisher’s services
6.1. The Publisher shall receive a reward from Admitad, which directly depends on the success of their advertising campaigns.
6.2. In each separate case, the reward amount is determined by the type of paid action and the rate set by the Advertiser for this action that is effective at the time of performing this action. The Advertiser has the right to change the rates, but the new rates do not apply to already performed actions. The Publisher does not have the right to demand a different rate for theirs. The Publisher undertakes to become familiar with the current rates in the interface of the Admitad Affiliate Network. Submitting an application for joining the program indicates the agreement to the current rates. The minimum withdrawal amount should equal or exceed the amount specified under the link, depending on the currency of withdrawal. An amount less than the minimum withdrawal amount will be paid to the Publisher only in case of account deletion.
6.3. Except for the agreed reward, the Publisher is not entitled to reimbursement of costs incurred for the bank transfer, for the use of third-party services or programs that are not provided by the Admitad Affiliate Network, even if these costs are related to their advertising activities within the Admitad Affiliate Network.
6.4. The right to receive the reward is exercised only if all the following conditions are fulfilled:
- The Publisher’s advertising activity led to the Deal between the Advertiser and the visitor.
- The Deal was registered by tracking means of the Admitad Affiliate Network.
- The Deal was authorized for calculation by the Advertiser and confirmed by the Admitad Affiliate Network.
- The relevant Advertiser has paid Admitad for its services under its agreement with the Advertiser.
- The reward amount equals or exceeds the minimum withdrawal amount.
- The Publisher did not violate the Terms described in clause 5.
6.5. Admitad maintains an internal settlement account for each Publisher that is used for carrying out all accrual and payment operations.
6.6. Each Party is solely and separately responsible for the payment and reporting of its own taxes in any jurisdiction concerned. If payments under these Terms are subject to applicable withholding tax, Admitad shall be entitled to deduct the corresponding tax amount from the Publisher’s reward.
6.7. The Publisher undertakes the full responsibility for provided payment information and confirms that it is true, complete, and accurate. All payments will be made with the use of this payment information. Admitad is not obligated to take steps to verify the accuracy of payment information provided by the Publisher.
6.8. The Publisher will immediately repay any amounts paid to the Publisher in error, or other than in accordance with the Publisher’s rights under this Agreement.
7. Participating in the Referral Program
7.1. The Publisher can invite users not previously registered on Admitad as Publishers to the Affiliate Network in exchange for a reward. Such users are considered Referrals of the Publisher in question.
7.2. Referrals are invited to join the Affiliate Network through the Publisher’s referral link, which can be found in the “Admitad Referral Program” section on the Dashboard of the Publisher’s personal account.
7.3. If users invited by the Publisher register using the unique referral link of the Publisher within a year of clicking on it, they become that Publisher’s Referrals. The belonging of a Referral to a given Publisher is determined by the presence of a referral cookie in the user’s browser at the time of registration. If the cookie is not present, the registration is not considered a referral registration.
7.4. The Publisher receives a reward for attracting Referrals in the form of a percentage of the revenue to the Affiliate Network generated from the amount withdrawn by the Publisher’s Referrals.
7.5. The amount of the reward for the current month and the rate (as a percentage) are specified in the “Admitad Referral Program” section on the Dashboard of the Publisher’s personal account. The funds automatically receive the status “Confirmed,” and on the first of every month, the value in the field “Earned (this month)” is zeroed out.
7.6. The Publisher receives rewards for the Referral for one year starting the moment the latter registers in the Affiliate Network. After this period expires, no rewards are assigned.
7.7. While taking part in the Referral Program, it is prohibited to:
- use illegal methods to attract Referrals or any other artificial means of increasing the number of Referrals
- deceive Referrals or give incorrect information about the Affiliate Network
- create clones of Admitad websites or use a similar interface
- use automatic redirects, pop-up windows, or any other forms of intrusive advertising: pop-unders, click-unders, toolbars, etc.
- send out spam messages or messages pretending to be from Admitad employees by email, over messengers, or by any other means
- register accounts belonging to the Publisher using the Publisher’s unique referral link
- place paid ads with the referral link in results to search requests in which the Admitad brand is mentioned.
7.8. If any item of clause 7.7 is violated, or if the Referral Program is used in bad faith, Admitad retains the right, without providing reasons, to:
- disable the Publisher’s access to the Referral Program,
- dissociate Referral(s) from the Publisher,
- withhold awarded income from Referral(s) to the Publisher,
- block the Publisher’s account in the Affiliate Network.
Admitad retains the right to verify Publishers’ compliance with clause 7.7 and their proper use of the Referral Program.
8. Term and termination
8.1. These Terms are concluded for an indefinite period of time and start when the confirmation letter is received in the mailbox of the e-mail address, specified by the Publisher during registration in accordance with clause 1.4.
8.2. The Parties may voluntarily terminate the Terms at any time.
8.3. The Publishers may terminate the Terms in their personal account by clicking the “Delete account” button in the General settings, except as specified otherwise in clause 5.9 hereof.
8.4. Admitad shall have the right to delete the Publisher’s account and data from the system in the following cases:
- The Publisher has not logged in to their account for the last 350 days.
- The Publisher has not interacted with the Admitad system outside the web interface (for example, through the API) for the last 350 days.
After the expiration of the above-mentioned period, Admitad shall notify the Publisher that in case of inactivity and non-use of the account, Admitad will delete the Publisher’s account in 180 days from the date of notification, and the remaining funds will be written off in favor of Admitad.
After 180 days from the date of notification and non-receiving the Publisher’s feedback, Admitad shall delete the Publisher’s account and data, and the remaining funds shall be written off in its favor. The Publisher agrees and is notified that s/he has no right to restore the account or return the funds, after the expiration of the above Terms and the deletion of the account.
8.5. In case of termination due to violations of these Terms by the Publisher, s/he shall pay the debt (if any) and the penalty specified in these Terms in accordance with clause 5.12.
9. Protection of personal data
9.1. Admitad shall store and process only those data that were specified by the publisher in the registration form and in their personal account, or that were obtained from the Publisher during their participation in the Admitad Affiliate Network.
9.2. The Publisher agrees to comply with all laws, rules, policies, and confidentiality provisions effective in the regions where the services are provided.
9.3. The Publisher undertakes to comply with all laws, including the GDPR and EU privacy laws, and perform the following actions:
- To inform end users about the use of tracking devices, cookie files, and other online identifiers.
- To receive the consent of end users for placing and collecting cookie files and other online identifiers on their devices and provide information on the possibility of refusing or deleting files, if necessary.
- To take appropriate technical and organizational measures against accidental loss and damage, as well as illegal processing of personal data.
9.4. The Publisher undertakes not to take any actions that may lead Admitad to a breach of the current Data Regulations Law.
9.5. Admitad and the Publisher undertake to comply with the data protection laws.
Depending on the jurisdiction, the Publisher may be obliged to inform visitors of their website about cookies that are used on the website, including those placed by Admitad (so-called third-party cookies) and other online identifiers. The Publisher must explain what cookies s/he and/or third-parties set in the user’s browser and for what purposes this information is collected. Also, the Publisher undertakes to obtain a preliminary, freely presented, specific and informed, unambiguous, and revocable consent from users before setting any cookies in their browsers. The consent should also apply to the cookies that are set by Admitad after a certain action (click). To get more information, follow this link: https://help.admitad.com/en/topic/226-notice-of-using-admitad-cookies/
9.6. In the case of installing the script/API from https://teleport.admitad.com/ by the Publisher, the Publisher is obliged to get users’ consent for transferring online identifiers to Admitad by themselves on their platform. In the case of transferring online identifiers to Admitad, the Publisher guarantees the presence of the informed, unambiguous, and revocable user’s consent for transferring these data to Admitad. The Publisher is obliged to store consent confirmations for the whole period of participating in the affiliate network and provide the proof of consent to Admitad by request at any moment.
10.1. Each Party undertakes to use the commercial information of the other Party, information about its business affairs and operations, trade secrets, know-how, and source code, or any information specifically marked as confidential, including all mentioned information of the other Party’s counterparty or affiliate (hereinafter the “Confidential Information”) only for the performance of its rights and obligations hereunder. The Parties undertake not to disclose Confidential Information.
10.2. The following information will not be considered confidential:
- the information which is or subsequently became publicly available without infringement of the Agreement by the Receiving Party
- the information which was legally obtained from the Third Party without restriction and without violation of this Agreement, and also without the non-disclosure obligations of the Receiving Party
- the information which cannot be attributed to Confidential Information in accordance with applicable law
- the information which is published in the Admitad system when receiving or providing services in accordance with these Terms.
10.3. When deleting the Publisher’s account, Admitad shall also delete all personal data of the Publisher, except for the username and statistics data.
10.4. The provisions of Article 10 remain valid for 5 years from the termination of these Terms.
11. Rights to use information
11.1. The information obtained during participation in the Admitad Affiliate Network is allowed to be used exclusively with the Admitad Affiliate Network. Transfer thereof to third parties and use for other purposes is prohibited.
11.2. The Admitad Affiliate Network and the components thereof (products and applications) are protected by the current legislation in the field of copyright and related rights.
11.3. Admitad provides Publishers with the temporary, non-exclusive right to use the provided services and applications and the data contained therein exclusively within the framework of participation in the Admitad Affiliate Network. In case of termination of the Agreement, this right loses its validity.
11.4. Other ways of using information are prohibited. The Publisher is STRICTLY PROHIBITED to transfer wholly or partially the rights to use the services, applications, and data granted to them to third parties, provide access to them, modify or otherwise process them, transfer them in other forms or create their own databases or information services based on them.
11.5. In case of violation of these rights of use, Admitad reserves the right to use other remedies, except for the termination of the Agreement. If as the result of the Publisher’s culpable violations, a third person initiates an administrative or any other lawsuit against Admitad, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.
12. Liability and limitations of liability
12.1. Admitad shall not be liable for any damage or interference caused by the content of third-party web pages, software errors, or hardware of participants of the Affiliate Network, or for damage caused by insufficient availability or the limited functionality of the Internet.
12.2. According to the applicable regulations, Admitad is liable for intentional and grossly negligent acts. If Admitad is liable for damage caused by slight negligence according to the legal regulations, Admitad’s liability is limited: in this case, Admitad shall only be liable in the event of a breach of material contractual obligations (these are obligations the fulfillment of which is essential for the proper execution of the contract and on whose compliance the Publisher regularly relies and may rely). Furthermore, this liability is limited to the typical damage foreseeable at the time the contract was concluded.
12.3. The liability under clause 12.2 is limited to the compensation of actual damage, which will be determined by the participants or by a court decision.
12.4. The above limitations of liability do not apply in the case of mandatory legal liability and do not limit or exclude the Admitad liability in the event of harm to life or health.
12.5. The Publisher will indemnify, defend, and hold harmless Admitad (including its directors, employees, agents, or contractors) from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by third parties against Admitad arising out of or related in any way to any culpable breach by the Publisher of any of the warranties at these rules, or the Publisher’s gross negligence or willful misconduct.
13. Changes to these Terms
13.1. Admitad reserves the right to change the provisions of these Terms at any time. Notification of changes can be sent by email two weeks before their entry into force. Subject to clause 12.2, the Publisher shall be solely liable for regular familiarization with these Terms.
13.1. The use of the Admitad Affiliate Network by the Publisher after making changes to these Terms indicates the Publisher’s consent to the changes and willingness to assume the obligations specified in these Terms. Disagreement with the changes in the Terms entails the termination of these Terms, as well as the termination of work with the Admitad Affiliate Network.
14. Final provisions
14.1. If certain provisions of these Terms become invalid in whole or in part, the validity of the remaining provisions shall not in any way be affected or impaired. The provision that has become invalid is considered replaced by the applicable provision under statutory law. If such replacement would constitute undue hardship (unzumutbare Härte), the Terms in whole become invalid.
14.2. The rights and obligations resulting from these Terms may be transferred to a third party only with the consent of Admitad.
14.3. In case any dispute arises and cannot be settled by the Parties in an amicable way, the District Court of Stuttgart (Landgericht Stuttgart) shall be competent for resolving such dispute.