Publisher Terms of Service
You must read and agree to the following terms and conditions before becoming a publisher with
MX Media. Failure to comply with this agreement during your affiliation with MX
Media will give us sufficient cause to indefinitely suspend your account.
- You must verify your e-mail address, phone number, and identification before you can begin distributing, disseminating and marketing offers. Upon our approval, your account will be fully active for use.
- You must be at least 18 years old unless you currently operate under a business entity.
- You agree to random manual and automated daily auditing of your account to ensure that the terms within this agreement are being adhered to and you agree to the indefinite suspension of the account if found in violation.
- You agree to forfeit all owed monies if found in violation to these terms or suspended at any discretion of
- Your website(s) or landing page(s) may not condone, discuss, or imply the early cancellation of trial offer periods.
- You agree to follow all detailed offer instructions including the distribution of offers to authorized countries.
- You may not change offer requirements, offer eligibility, or offer graphics unless otherwise approved by
MX Media in writing.
- You may not offer incentives for offers that are prohibited to be incentivized.
- Your website(s) or landing page(s) may not contain pornographic, libelous, defamatory, or offensive material. They may not contain racially, ethnically, religiously, or politically hate-based material. Nor can they participate in, promote, or condone any illegal activity.
MX Media actively monitors traffic, actions, and other offer-related activities for potential fraud. If
MX Media suspects that your account has been used in a fraudulent manner, your account will be deactivated effective immediately pending further investigation. If you add actions, or inflate actions, through the use of fraudulent means of traffic generation, as determined solely by
MX Media, you will forfeit all of the credits related to that offer, your publisher account will be terminated effective immediately and legal action initiated upon further review.
- MX Media reserves sole judgment in determining fraud and uses state-of-the art prevention mechanisms to determine illegal activities, including but not limited to:
(i) Using spamming techniques, including but not limited to unsolicited email campaigns, blogs and discussion boards bulk message posting to promote your affiliate link;
(ii) Fake clicks or referrals, including but not limited to creating scripts or software that imitate human behavior, generating false clicks or transactions and/or clicking repeatedly on CPC links;
(iii) Forcing affiliates to do a specific action;
(iv) Illegal transactions with stolen cards, including but not limited to making purchases using stolen credit cards or register using fake identification information for the purpose of generating affiliate commissions;
(v) Traffic diverting, including but not limited to any technique that diverts the traffic from the legitimate publisher site to the abuser's site;
(vi) Copying legitimate publisher's sites and content, including but not limited to the style and content of popular sites and thus mislead honest prospects, confusing them and directing traffic towards the wrong site, where conversions finally take place.
You agree to be bound by any and all such determinations. It is your obligation to prove to
MX Media that you have NOT engaged in fraud. MX Media will hold your earnings in pending status until you have satisfactorily provided evidence that demonstrates to
MX Media that you have not engaged in fraud. If you are unable to provide MX
Media with satisfactory evidence that you have not engaged in fraud within seven (7) days of earnings being placed in pending status, then
MX Media reserves the right to terminate your account, cancel payment on the applicable earnings and initiate legal action, at its sole discretion and without any further obligations to you.
In addition to any other rights and remedies available to us under this agreement
MX Media reserves the right to delete any actions submitted through your links and withhold and freeze any unpaid commissions or charge back paid commissions to your account if:
(i) MX Media determines that you have violated this agreement,
(ii) MX Media receives any complaints from our advertisers about your participation marketing their offers which
MX Media reasonably believes to violate this Agreement or
(iii) any qualified action is later determined to have not met the requirements set forth in this agreement or with the offer.
Such withholding or freezing of commissions, or charge backs for paid commissions, shall be without regard as to whether or not such commissions were earned as a result of such breach. You agree that in the event of a material breach of this agreement,
MX Media reserves the right to use various mechanisms, including but not limited to using third-party databases to conduct background reports, checking your credit header information, for the sole purpose of disclosing your identity and contact information and granting it to appropriate law enforcement or regulatory authorities, attorneys or any third party that has been directly damaged by your actions.
There will be no leniency in cases of inappropriate marketing and publishers in violation of this policy will forfeit their unpaid commissions and be removed from the program. Publishers who cause actual damages to
MX Media through use of prohibited forms of advertising and other illegal activities are liable for liquidated damages in the amount of
€20,000 plus any attorney fees
MX Media has to incur.
You agree that in the event any dispute shall arise, this agreement will be governed by and construed in accordance with the laws
of the Netherlands. You consent to service by certified mail.
- You agree to follow all the rules and laws set forth by the US CAN-SPAM act of 2003.
- You agree that
MX Media reserves the right to change the value of any offer at any time, whether that change is for that specific publisher or for the entire
MX Media network.
- You agree to be compensated at the discretion of
MX Media, as noted on the NET payment scale within your profile / Insertion
Order and based only upon meeting the threshold that you set. We reserve the right to revoke any leads/sales at our discretion.
- You agree to forfeit compensation for leads or sales that are revoked for any reason.
Publishers agree to submit required tax information within their profile with 100% honesty and accuracy.
- You have the right to terminate your publisher account with
MX Media at any time. All outstanding revenue will be paid to you during the next pay cycle as long as you have reached the minimum
- You agree that unless expressly set forth in this agreement, NEITHER PARTY makes ANY warranties and expressly disclaims all warranties, express or implied, as to the subject matter of this agreement, including implied warranties of merchantability and fitness for a particular purpose. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS) EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
MX MEDIA'S LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, BE GREATER THAN THE TOTAL AMOUNT PAID BY
MX MEDIA TO PUBLISHER HEREUNDER.
- You agree to defend, hold harmless, and indemnify
MX Media from any losses or damages incurred from legal activity brought upon
- MX Media pledges and agrees to keep confidential any personal information regarding publisher accounts. This personal information includes, but is not limited to: names,
ID numbers, tax identification numbers, telephone numbers, postal addresses, financial institution account numbers, and compensation history.
MX Media employees must sign and adhere to confidentiality agreements pledging nondisclosure of private publisher account information.
MX Media reserves the right to change, modify, or redact this agreement at anytime.