This Affiliate Program Terms and Conditions are provided as the Affiliate Program Operating Terms and Conditions (hereinafter “T&C”), which is made and entered into by and between Altercon Group s.r.o., with registered address: Londynska 730/59, Vinohrady, 120 00 Praha, Czech Republic, reg. number 06746764 (hereinafter “mSpy”, “we”, “us”, “Company”) and you (hereinafter “you” or “Affiliate”), the party submitting an application to become an Affiliate of mSpy. The terms and conditions contained in this T&C apply to your participation with affiliates.mSpy.com (hereinafter “Affiliate Program”).
This Affiliate Program Terms and Conditions describe the terms and conditions applicable to your participation of the Affiliate Program made available through or in connection with Affiliate Program.
Affiliate – legal entity or individual person, which decided to promote and advertise products of the Company, which are provided on the website mspy.com or on other websites which are under Company’s control, or on marketplaces.
Products - software and/or mobile applications, which are owned and/or proposed by the Company.
Competitors of the Company – individual persons and/or legal entities, which provide the same products as well as the Company does, and\or which operate on the same market in the same sphere with the Company.
Offer – products, Company’s websites, where an end client is able to initiate purchasing of the Company’s products.
Affiliate program account – private account of an Affiliate, that is created by the Affiliate after Affiliate program application submitting.
End client – an individual, which bought Company’s products with an Affiliate’s assistance through the Link.
Link – a unique URL link, which is generated by the Company in the Affiliate program account to which an Affiliate has access through the Offer page. All Links are an identifier of each Affiliate that give us an opportunity to identify and count Qualified Actions. We provide you Links with purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales.
Materials – banners, logos, pictures, videos, texts and other objects in visual or textual form, which were created by the Company and may be used by an Affiliate with an aim to promote and advertise Company’s products.
Offer list – list of offers, that are available to an Affiliate in his Affiliate account.
To become an Affiliate of mSpy, you have to specify your name, contact details and describe your traffic source.
You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within five (5) business days. We may accept or reject your application at our sole discretion for any reason.
Affiliates should provide promotion and advertising services of the Company’s products. All products which an Affiliate should advertise are presented on the Company’s website mspy.com and/or in Offers.
A detail list of products, which Affiliate should advertise and promote will be specified in an Offer list.
The Company may provide necessary Materials to an Affiliate.
When you submit an Affiliate Program, you confirm and accept these Affiliate Program Terms and Conditions (hereinafter – T&C). If you don’t agree with any provision of the T&C, you have to finish your registration and leave our website immediately.
We will make available graphic and textual links to the Offer and/or other Materials to you via the Affiliate Program. You may display them on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements, etc. (hereinafter – Media). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to an Offer.
The Company reserves the right to decline your Affiliate program application for any reason before you start use Affiliate Program. There are some of the most common reasons:
In case you disagree with our decision, send us an email for the reconsideration to [email protected]
We will pay Affiliate for each or for specific Qualified Action. A “Qualified Action” means an action(s) that make by individual person who (i) accesses the Offer by the Affiliate’s Link, (ii) is not a computer generated user, such as a robot, spider, computer script, or other automated, artificial, or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields, (iv) completes all of the information required for such action within the time period allowed by mSpy and (v) is not later determined by mSpy to be fraudulent, incomplete, unqualified, or a duplicate, and (vi) bought the Company’s products with an Affiliate’s assistance, that are provided by the Company through website mSpy.com or through other websites and marketplaces (hereinafter the “Qualified Action”).
The Affiliate has right to receive fee for all or specific Qualified Action (hereinafter “Commission”). A rate of Commission is determined by the Company with each Affiliate on case by case basis. There are two types of Commission rate: percent from the amount of Qualified Action, or fixed rate for each Qualified Action. The rate of Commission will be determined before you start to provide Services. Your rate of Commission may be changed only by Company’s decision.
The Company has right to pay Commissions directly to an Affiliate or through authorized persons based on a special authorization letter.
We will pay your Commission based on an invoice that issued weekly automatically (if other terms are not specified in the Affiliate program account), after two weeks hold period is over provided that your account is currently greater than $100. Accounts with a balance of less than $100 will roll over to the next week (if other terms are not specified in the Affiliate program account), and will continue to roll over weekly (if other terms are not specified in the Affiliate program account) until $100 is reached. If a balance of the Affiliate is more than $100, an invoice will be generated automatically in the last working day of each week (if other terms are not specified in the Affiliate program account).
The invoice will be paid after 2 weeks from the moment of an invoice generating. We reserve the right to chargeback to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
Usually, the Company pays Commissions in US dollars or in Euros. Parties agree on a currency of Commissions before it will be paid and specify it in an invoice.
You have a right to change invoice generation term and choose another one by the way of request sent to [email protected].
All banks fees, payment services providers fees, taxes and other obligated payments that may appear through the T&C execution or Commissions’ payment should be covered by the Affiliate.
You should specify payment details of your own bank or payment account and undertake to keep it current. If you don’t specify it or don’t keep current, we will not be able to pay you Commission.
We will pay Commissions based on invoices, which were generated not later than one year ago. Commissions which were not paid and were older than one year will be decommissioned without any consequences for the Company.
If Commissions are not paid during more than 6 (six) month due to uncurrent payment methods or payment details, and then an Affiliate changes current payment methods or payment details and ready to receive Commissions, the Company has the right to pay Commissions in several installments without any interests, if the total amount of Commissions is more than $3000. The amounts and terms of installments are defined by the Company. You hereby release mSpy from any claim for Commissions if mSpy has not received funds from end clients. Payments for further subscriptions are subject to separate agreement with each Affiliate.
All tracking of Links and determinations of Qualified Actions shall be made by the Company in its sole discretion and using the Company’s tools and measurements. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to mSpy in writing and in sufficient detail within fifteen (15) calendar days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is not agreed with the amount of Qualified Actions and total amount of an invoice, Company and the Affiliate will discuss the case and make the best efforts to resolve this issue. If the parties are unable to come at a reconciliation, then Company’s statistics shall prevail.
Chargebacks and Refunds. Provided that you promote mSpy in a correct manner, you can expect a natural refund rate of 3%. However, should your campaign misrepresent mSpy or mislead end clients, your refund rate can increase. We try to minimize the refund rates by helping end clients to solve arising issues or dispute chargeback claims. Should the transaction be reversed due to dispute or credit card fraud, your account will be debited with the amount of commission earned on that particular sale.
If Affiliate has an outstanding balance due to mSpy under this T&C or any other agreement between the Affiliate and mSpy, Affiliate agrees that mSpy may offset any such amounts due to mSpy from amounts payable to Affiliate under this T&C.
If your Qualified Actions are stood with our requirements, we warrant that there are no any reasons and grounds not to pay your Commissions, and your Commissions will be paid in any case.
For avoidance of any doubt, during 2 weeks hold period we have the right to deduct chargebacks and/or refunded amounts of sales to end clients within the last month from an invoice that was generated but was not paid. If the total amount of the invoice is less than $100 due to chargebacks and/or refunds deducting, this Commission will be added to the next invoice.
Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
Ensure that all Materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party, and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that mSpy informs you that it considers objectionable (collectively, “Objectionable Content”).
Not make any representations, warranties or other statements concerning mSpy, or end client, or any of their respective products or services, except as expressly authorized herein.
Make sure that your Media does not copy or resemble the look and feel of the Offers, or create the impression that your Media is endorsed by mSpy.
Comply with all (i) obligations, requirements and restrictions under this T&C, and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
Comply with the terms, conditions, guidelines and policies of any third-party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
Comply with the terms, conditions, guidelines and policies of the Company, that are provided on the website mspy.com.
Always prominently post and make available to end clients any terms and conditions in connection with the Offer set forth by mSpy, or as required by applicable laws regarding such Offers.
Under Company’s request provide with information and proofs (if necessary) with description how Affiliate promotes and advertises Company’s products.
Affiliates from different locations are responsible for compliance with local laws if and to the extent that local laws are applicable. Affiliates shall consult their local attorney before entering into this T&C. mSpy is not responsible for any illegal consequences for Affiliates out of its own jurisdiction. Affiliates may enter into this T&C at their own risk and responsibility
Affiliate Network Campaigns. For all Affiliates that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the 'Network') for access and use by other affiliates in Affiliate's Network (each a 'Third Party Affiliate'). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this T&C prior to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates this T&C. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly close such source of wrong actions. Unless mSpy has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this T&C as recorded by mSpy, Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.
Each party (“Discloser”) acknowledges that during the performance of its obligations under this T&C, it may be required to disclose to the other party (“Recipient”) certain information that it regards as proprietary or confidential. As used in this T&C, the term "Confidential Information" means information regarding Discloser’s trade secrets, personnel, products, customers, financial data, marketing and pricing strategies, services, business plans, methods, computer systems architecture, network configurations, any information which is governed by any now-existing or future non-disclosure agreement between the parties, and any other information which is or should reasonably be understood by Recipient to be of a confidential or proprietary nature. Recipient agrees that it will not disclose any Confidential Information to anyone except an employee, agent or advisor (collectively, “Representatives”) who has a need to know same, and who is bound by confidentiality and non-use obligations at least as protective of Confidential Information as are those in this section, and that it will not use Confidential Information for any purpose not permitted under this T&C. Recipient will protect the Confidential Information in the same manner it protects its own confidential and proprietary information, but in no event shall such protection be less than a reasonable standard of care. The foregoing obligations shall not apply to the extent Confidential Information must be disclosed by Recipient to comply with any requirement of law or order of a court or administrative body (provided that Recipient agrees to notify Discloser of the issuance of such order as soon as practicable, to reasonably cooperate with Discloser (at Discloser’s expense) in its efforts to convince the court or administrative body to restrict disclosure), and to disclose only the portion of such information that it is legally required to disclose. Confidential Information does not include information that: (i) is known to or in the possession of Recipient prior to its disclosure of information to Recipient hereunder, as evidenced by the Recipient's written records; (ii) is or becomes known or generally available to the public through no act or omission of Recipient or its Representatives in breach of this T&C; (iii) is made available free of any legal restriction to Recipient by a third party; or (iv) is independently developed by Recipient without use of or reference to Confidential Information.
Except as otherwise provided in this T&C or with the consent of the Company, you agree that all information, including, without limitation, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, Company or assist another party to do the same.
Privacy matters. When you submit the Affiliate Program and provide us with your personal data, you give us a consent to store, process, collect, remove and transfer your personal data. We may use your Personal data to: (a) improve your browsing experience by personalizing the Website and to improve the mSpy Service; (b) send information to you by email regarding registration status, password verification, payment confirmation; (c) send you communications relating to your use of the Affiliate Program, and (d) provide our partner, which provide tracking system services (HasOffers by Tune) with your personal data to provide you access to Affiliate Program by secured channels under data processing agreements (DPA); send you marketing and promotional materials and messages. As you are willing to be an Affiliate of the Company you may provide us with your personal data (to register an account, promote and advertise the Company’s products).
With these Purposes we collect and process the following personal data:
The lawful grounds for personal data processing are:
The storage of this data takes place against the background that this is the only way to prevent the misuse of Affiliate Program, and, if necessary, to make it possible to investigate committed offenses. The personal data are not transferred to third parties, except events, when it’s necessary with an aim to provide Affiliate Program and/or there is a lawful obligation to transfer these data under request of government authorities and/or the transferring is executed in respect of criminal proceedings. The personal data stores separately in the Company’s data base to avoid data subject identification by using depersonalization features and in compliance with GDPR storage limitation principle. We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that are related to the Affiliate Program.
We have put in place security hardware, software and software update and network scanning procedures designed to safeguard and secure the information (including personal data) under our control and follow generally accepted industry standards. We work with third party service providers and vendors that use encryption and authentication to maintain the confidentiality of your personal data. If stored, we place personal information on systems behind firewalls that are only accessible to limited personnel, who are under DPA and\or Standard Contractual Clauses (if applicable). We store personal data of all our Affiliates in encrypted way.
We grant you a non-exclusive, non-transferable, revocable right to use (license) the Materials solely in accordance with the terms of this T&C, for the sole purpose to advertise and promote the Company’s products.
You may not alter, modify, manipulate or create derivative works of the Materials or any mSpy graphics, creative, copy or other materials owned by, or licensed to, mSpy in any way. You are only entitled to use the Materials to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you a written notice. Except as expressly stated herein, nothing in this T&C is intended to grant you any rights to any of mSpy's trademarks, service marks, copyrights, patents or trade secrets. You agree that mSpy may use any suggestion, comment or recommendation you choose to provide to mSpy without compensation. All rights not expressly granted in this T&C are reserved by mSpy.
This T&C shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this T&C at any time and for any reason, which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this T&C for any reason, you will immediately cease all use of and delete all Links, Materials, plus all mSpy or end clients intellectual property, and will cease representing yourself as mSpy affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by this T&C are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to us under this T&C mSpy reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or chargeback paid Commissions to your account if (i) mSpy determines that you have violated this T&C, (ii) mSpy receives any complaints about your participation in the Affiliate Program which mSpy reasonably believes to violate this T&C or (iii) any Qualified Action is later determined to have not met the requirements set forth in this T&C or the Affiliate Program. Such withholding or freezing of Commissions, or chargebacks for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this T&C, mSpy reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
You must strictly comply with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the 'Directive'). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request, prior to your sending emails containing linking or referencing the Affiliate Program, submit the final version of your email to mSpy for approval by sending it to your mSpy representative and upon receiving written approval of your email from mSpy the email may be transmitted to third parties. It is solely your obligation to ensure that the email complies with the Directive. You agree not to rely upon mSpy's approval of your email for compliance with the Directive, or assert any claim that you are in compliance with the Directive based upon mSpy's approval.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Qualified Actions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. mSpy shall make all determinations about fraudulent activity in its sole discretion.
You hereby represent and warrant that this T&C constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this T&C. Subject to the other terms and conditions of this T&C, mSpy represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to mSpy's own business operations or mSpy's proprietary products.
In addition to any notice permitted to be given under this T&C, we may modify any of provisions of this T&C at any time by providing you with a notification by email or without notification if you didn’t specify current contact data. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this T&C without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, mSpy may change, suspend or discontinue any aspect of an Offer or Link, or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from mSpy to remove, alter or modify any Materials that is being used by Affiliate as part of the Affiliate Program.
Affiliate hereby agrees to indemnify, defend and hold harmless mSpy and end clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this T&C, including any representation, warranty, covenant, restriction, or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate, or obtaining access through Affiliate of the Links, Offers, or mSpy and\or end client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media. mSpy hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs).
the affiliate program and links, and the products and services provided in connection therewith, are provided to affiliates on the 'as is' basis. except as expressly set forth herein, mspy expressly disclaims 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. mspy does not warrant that the affiliate program or links will meet affiliate's specific requirements or that the operation of the affiliate program or links will be completely error-free or uninterrupted. mspy expressly disclaims any liability for any act or omission of an end client or their products or services.
in no event shall mspy be liable for any unavailability or inoperability of the links, program web sites, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind beyond the reasonable control of mspy. in no event will mspy be liable for any indirect, incidental, consequential, personal injury / wrongful 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 mspy has been advised of the possibility thereof. mspy's cumulative liability to affiliate, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid to affiliate by mspy in commissions during the three (3) months immediately prior to such claim.
Affiliate will be liable for any indirect, incidental, consequential, or liquidated damages (including, without limitation, negligence, or strict liability), or for interrupted communications, loss of use, lost business, or lost revenue or profits arising out of or in connection with this T&C.
Affiliate undertakes to not be involved in any fraud activities or other illegal actions related to the T&C execution by the Affiliate and/or advertising and promoting Company’s products. In case of failing this provision by the Affiliate, the Affiliate will be liable for any direct or indirect harm, loss, and damage arising due to the fault of the Affiliate.
The Company and an Affiliate are independent parties and the Affiliate is an independent contractor. Except as set forth in this T&C, neither party is authorized or empowered to obligate the other or incur any costs on behalf of the other without the party's prior written consent. The Affiliate render the Services under this T&C as an independent party. The T&C does not create a partnership or joint venture between the Parties. Relationship between the Company and an Affiliate is strictly contractual, shall not give rise to any fiduciary relationship. Neither in this T&C shall mean that an Affiliate acts as an employee, consultant, representative, agent, joint venture partner or franchisee of the Company.
This T&C contains the entire agreement between Company and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that mSpy shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this T&C. Affiliate may not assign all or any part of this T&C without mSpy's prior written consent. mSpy may assign this T&C at any time with notice to Affiliate. This T&C will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. If any provision of this T&C is held to be void, invalid or inoperative, the remaining provisions of this T&C shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
Applicable law. This T&C have been entered into in, and shall be governed by and construed only in accordance with the law of Czech Republic. Exclusive jurisdiction and venue shall be in the Court of Prague, Czech Republic.
By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this T&C in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this T&C, you should not submit an application to Affiliate Program. If an individual is accessing this T&C on behalf of a business entity, by doing so, such individual represents that he has the legal capacity and the authority to bind such business entity to this T&C.
This T&C were last revised on 01 July, 2020.