Moxie Links Terms of Service
This Terms of Service represent a legal agreement between SASU NET SMART WEB referred as “Moxie Links”, a company incorporated in France with registered number 811 224 708 and VAT FR08811224708, and the “Publisher” that have a website to use Moxie Links products and technologies. By using Moxie Links products and technologies, the Publisher agree to all the terms and conditions of this Agreement.
1. Definitions
1.1 In this Agreement, the following expressions have the following meanings:
1.1.1 Affiliate Network: a company providing advertiser coverage, affiliate marketing service, affiliate links and technology.
1.1.2 Publisher: responsible or owner of a website that can use Moxie Links products.
1.1.3 Commissions: means monetary payments made to the Publisher in relation to sales generated via the Publisher’s Website to Advertisers.
1.1.4 Moxie Links: a firm providing monetization products to websites and software apps. The products of Moxie Links are: (i) Behavioral Targeting – display ads based on browsing history of the user; (ii) Contextual Targeting – display ads based on the content of the website, our system consider relevant keywords of the content to display the ads; Profiling – display ads based on a similar user behavior, our system analyzes the profile of user and searches among the users of our network twin profiles, in order to display the ads; Advertiser API – have advertiser feeds with affiliate links that can be integrate with websites to monetize their different business model, also have a cashback and coupons feed.
1.1.5 Product: means the provision of (i) Moxie Links Products; (ii) the Technology; (iii) access to Advertisers and Affiliate Networks.
2. Usage of Moxie Links Products
2.1 The Publisher must apply to use the Products via the Moxie Links website at www.moxielinks.com . Moxie Links will evaluate and analyze the Publisher’s application to approve or reject the application to use Moxie Links Products. Moxie will inform via email if the Publisher application was approve or reject. Publishers with content containing pornographic, violent, illegal or political material will not be accept to use the Products.
2.2 If Moxie Links approves the Publisher’s application for the Products, they will receive access to the Products and will be able to integrate Moxie Links technology into their website. The Publisher can choose to use the Moxie Links Product and/or the Behavioral Targeting Product, Contextual Targeting Product, Profiling Product and Advertiser API Product.
3. License
3.1 Subject to the terms and conditions of this Agreement, Moxie Links grants the Publisher a non-exclusive, non-transferable, non-sub-licensable license to use the Products on the Website during the term of this Agreement.
3.2 Moxie Links retains all intellectual property rights of all the Products and Technology.
4. Advertisers
4.1 The Publisher acknowledges and agrees that:
4.1.1 Moxie Links may integrate any Advertisers into the Product. The Products will display Advertiser ads at the Publisher website.
4.1.2 Advertisers may vary their Commission structures, change or terminate their involvement in the Product at any time.
4.1.3 Advertisers may terminate their involvement in the Product, either across all publishers or domains in relation to specific publishers they deem do not meet their terms of use, policies and standards.
4.1.4 Advertisers may at any time send Moxie Links notice requesting that the Publisher remove links or references to Advertisers’ brands, products, services or trademarks and Moxie Links will communicate this notice to the Publisher.
5. Moxie Links Tools
5.1 Moxie Links reserves the right to monitor and control the Publisher’s use of the Tools to ensure they are being used by the Publisher in accordance with the terms and conditions of this Agreement.
5.2 Moxie Links reserves the right at any time in its sole discretion, without notice or liability to the Publisher, to refuse to permit the Publisher to use the Products.
6. Commissions and Payment
6.1 Every time a sales transaction happens via Moxie Links Products, the advertiser shall pay a commission to Moxie Links either directly or via an affiliate network. If the Advertiser pays per click, every time Moxie Links generated clicks via our Products, the advertiser shall pay a commission to Moxie Links either directly or via an affiliate network.
6.2 The Publisher have access to the number of transactions, sales, commissions and revenue via their Publisher account at Moxie Links website and by integrating Moxie Links Report API.
6.3Moxie Links shall not charge the Publisher to apply for, install and use the Products on its websites.
6.4With commissions generated via Moxie Links by the Publisher, Moxie Links shall give 80% of the paid commissions to the Publisher.
6.5 With commissions generated per click via Moxie Links by the Publisher, Moxie Links shall give 80% of the paid commissions per clicks to the Publisher.
6.6Commissions will only be paid to the Publisher when Moxie Links has received the payment from Networks and Advertisers. For these confirmed and paid commissions from Networks and Advertisers, Moxie Links will pay these Commissions to the Publisher at the end of the month.
6.7Moxie Links will raise self-billing invoices on the Publisher’s behalf and will issue this invoice along with payment each month.
6.8 If the amount of Commission due to the Publisher is less than 30 euro (excluding any VAT element if appropriate) in any month (the “Minimum Threshold”), any such amount will be carried over and aggregated with the subsequent month’s Commission and paid when the cumulative amount then due for payment to the Publisher exceeds the Minimum Threshold.
6.9 The Publisher shall only be eligible to earn Commissions that occur during the term of this Agreement, and any Commissions earned prior to the date of termination will remain payable only if the related amounts are not disputed or subject to a Chargeback. Moxie Links may withhold the Publisher’s final Commission payment for such time as is reasonable up to a maximum of 3 months from the date of termination to ensure that the correct Commission amount is paid to the Publisher.
6.10 An Advertiser may determine, in its sole discretion, that any sale was not a bona fide transaction, whether goods are returned by the Customer or otherwise Chargeback, and may make a Chargeback claim requesting certain Commissions be canceled or reversed to reflect the fact that the Advertiser’s business never benefited from the transaction. Chargebacks are communicated to Moxie Links as they occur.
6.11 Payments will be made via PayPal or bank transfer. Publishers must state its preferred payment method within the Moxie Links Publisher Interface Account.
7. Tax
7.1 For Value Added Tax (VAT)-registered companies in France, Moxie Links will include the applicable VAT amount on the payable commissions to the Publisher.
7.2 The Publisher is responsible for paying any and all income tax related to their earnings from Moxie Links.
8. Product Issue
8.1 The Publisher shall notify Moxie Links of any Product performance issues via e-mail partners@moxielinks.com. Moxie Links will use reasonable endeavors to correct any reported issues within 7 business days of the date of notice.
9. Indemnity
9.1 The Publisher will indemnify, defend and hold harmless Moxie Links and its officers, directors, shareholders, employees and agents from and against any and all liabilities, losses, damages and expenses (including reasonable attorneys’ fees and disbursements) resulting from or based upon (i) any claim that the Website infringes or misappropriates any third party intellectual property rights; (ii) the breach of any representations or warranties made by the Publisher in this Agreement or of any other obligation of the Publisher set forth in this Agreement, or (iii) any third party claims arising from the Publishers use of the Product, the Technology of Moxie Links otherwise than in accordance with the terms of this Agreement.
10. Communication and Modifications
10.1 Any notice under this Agreement shall be in writing and shall be made either via e-mail or certified mail to the other party’s registered office address. Notices sent by e-mail will be deemed effective 24 hours from the time of sending and notices sent by mail will be deemed effective 48 hours after posting.
10.2 Moxie Links may disclose its relationship with the Publisher in its marketing material and in its operational relationship with Affiliate Networks and Advertisers, including using for such purposes the Publisher’s name or trademark.
10.3 The Publisher agrees that Moxie Links may use the Publisher’s contact details including its email and registered address to notify it about its account with Moxie Links, any issues relating to, and updates to, the Product and Technology of Moxie Links.
10.4 Moxie Links may modify all or any part of this Agreement, at any time and at its sole discretion, effective immediately Moxie Links will communicate the changes via email to Publishers. Continued working with Moxie Links after receiving notice of such modification will constitute the Publisher’s binding acceptance of the modification to this Agreement.
11. Privacy
11.1 Moxie Links will protect all information collected from the Publisher for the usage of Moxie Links Product and Technology in accordance with the Moxie Links Privacy Policy. The Publisher acknowledge and agree that it is the Publisher responsibility to disclose their users of the Website and Customers the privacy practices and policies with respect to information collected from such users and Customers through the Website.
11.2 Moxie Links always follow the legal regulations for the protection of personal data.
12. Limitation of Liability
12.1 In no event and situation will Moxie Links be liable to the Publisher or any third party for any loss of profits; loss of business; depletion of goodwill or similar losses; loss of anticipated savings; or loss of goods; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, or consequential damages arising out of or in connection with Moxie Links or otherwise with respect to this agreement.
12.1 Moxie Links accepts no liability for the content of third parties’ websites.
12.1 Nothing in this Agreement excludes the liability of either party for any other liability which cannot be excluded under applicable law, including fraud, or death or personal injury caused by either party’s negligence.
13. Term and Termination of this Agreement
13.1 This Agreement will commence upon its execution and will continue until terminated by either the Publisher or Moxie Links upon at least 7 business days prior written notice to the other party. Any such notice will be effective immediately and must be delivered to Moxie Links via the email partners@moxielinks.com .
13.2 In the event of termination of this Agreement for any reason other than the Publisher breach of this Agreement, Moxie Links will pay outstanding Commissions due to the Publisher in accordance with the terms of this Agreement. Upon termination of this Agreement for any reason, the Publisher will immediately cease use of, and promptly remove from the Publisher’s Website, all instances of the Products and Technologies of Moxie Links.
14. Governing Law and Jurisdiction
14.1 This Agreement shall be governed by the laws of the Federal Republic of France. In relation to any legal action or proceedings to enforce this Agreement or arising out of or in connection with this Agreement each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of the Federal Republic of France.
14.2 If the Publisher has his place of residence outside the European Union, all above-mentioned disputes shall be settled conclusively according to the Rules of Arbitration of the Paris Chamber of Commerce without recourse to the courts of law.