The present document contains the General Partner Conditions (from here on out, referred to as “Conditions”) that regulate the terms in which the partners (from here on out referred to as “Partner”) agree to buy the services offer by MOBUSI MOBILE ADVERTISING SL (from here on out, referred to as MOBUSI)
These General Conditions are the only applicable and replace any other general condition, except in case of prior, express and written cancellation. It is essential to have carefully read and subsequently accepted these general conditions of sale prior to the completion of any order.
MOBUSI reserves the right to modify (for justified reasons such as updating the document to reflect updated legislation, evolution of processes or changes in the services offered, or the terms and clauses present in these Conditions. MOBUSI will inform of modifications to the Conditions through the URL www.mobusi.com or by email as soon as possible.
The domains www.leadzu.com and www.mobusi.com are registered to MOBUSI, SL, situated on 2 Quintana street, 2nd Floor, Door 1. Inscribed in the Madrid Merchant Registry, volume 29839, Page 98, INscription 1, Sheet M-536851, CIF B-86439577.
Contact email: firstname.lastname@example.org
The status of Partner is acquired, through the contract of services offer by MOBUSI and the mandatory acceptance of these terms.
In order to acquire the status of Partner, you must be at least 18 years of age and fully accept all the terms that make up this document (Conditions). By accepting, you acknowledge that you are 18 or older, and that you are within your full capacity to make a business agreement and that you have read and comprehended the present Conditions, being bound by the same.
MOBUSI will archive the electronic document that constitutes the agreement and will confirm the acceptance of the contract via an acknowledgement of receipt by email with the mentioned contract attached.
Partners that do not accept the conditions reflected here will not have access to their control panel, and it will be understood that the commercial relation between MOBUSI and the partner has been automatically terminated, without the right to demand posterior payments.
MOBUSI SL reserves the right to not pay pages that it considers inadequate for advertising services.
All partners will have access to the Partner Zone, found at www.mobusi.com , using their user name and password.
In the Partner zone, partners will have access to all sections where they will be able to check their earnings and access the billing system.
MOBUSI manages the advertising traffic generated by its collaborating Partners either through their pages, buying from third parties or sent through other agreements with third parties that Partners might have, obtaining benefits from the conversions that the traffic generates through different advertising formats and systems hired by MOBUSI.
The partner will use whichever advertising format mobusi provides or will send traffic to the URLs that are provided for that purpose, sending traffic from users navigating on smartphones or tablets to MOBUSI’s advertising service, who will be shown the corresponding advertising campaigns, paid for in differing models previously negotiated with the client.
MOBUSI will modify the advertising content provided to its Partners at any time, always in the name of obtaining the best possible results.
The Partner, therefore, by accepting the present conditions, expresses conformity with Mobusi’s choice of advertising destined for the different web pages of the Partners. Additionally, the Partner recognizes Mobusi’s right to modify the ads at any time.
The partner must include only the scripts provided by MOBUSI or redirect traffic to specified URLs following the instructions that can be found in the partner zone or MOBUSI’s authorized personnel area.
Partners must identify themselves with a personalized user name and password. Partners must maintain these access codes completely secret and confidential, as they have full responsibility for their custody and conservation, and any consequences that might come from their use by unauthorized third parties. Partners exempt MOBUSI from any responsibility for the loss of the confidentiality of their username or password and their use by unauthorized third parties.
In the Statistics section, Partners can obtain information about daily impressions and revenue.
The total revenue that a Partner generates will be computed using MOBUSI’s statistics, which, as previously stated, will be accessible through the same URL.
Revenue will be billed and paid monthly, as long as a minimum of 100 euros has been generated. If the 100 euro limit is not reached, the revenue generated will accumulate and be paid the following month or months.
MOBUSI will pay the total quantity indicated on the invoice within a maximum of 30 days after reception of the same.
Once the invoice is received, MOBUSI will proceed to pay the amounts generated. Invoices will be paid either by bank transfer or PayPal.
The costs associated with money transfers, whether through banks or PayPal, will be charged to the Partner.
Once Partners have registered, and after accepting the Conditions, they will have the right to be automatically assigned codes and urls in order to begin sending traffic and generating impressions.
Partners will have the right to the payment of revenue generated, which will be reflected in the Statistics page, as long as the minimum revenue amount has been met as mentioned in section 7.
Partners are expressly prohibited from including content that infringes the law, moral conduct, good manners or public order in the URLs in which MOBUSI advertising will be inserted.
Partners are expressly prohibited from modifying the code or URLs provided by MOBUSI.
Partners are expressly prohibited from ceding, or transferring the rights and obligations established in the present Conditions to third parties. Nor will they be resold or ceded for commercial reasons.
Partners are also expressly prohibited from using MOBUSI’s services fraudulently.
Partners are responsible for maintaining their user names and passwords completely confidential and secret. MOBUSI reserves the right to execute the actions or complaints it deems necessary as a consequence of any damages caused to MOBUSI by a Partner’s breach of this responsibility.
Partners are solely responsible for compliance with the obligations associated with the applicable current legal framework for the realization of their respective activities (in particular, LSSI, GDPR), and are obliged to leave the other parties exempt from claims, lawsuits or actions (administrative, criminal, or civil) that may arise from the total or partial breach of the obligations that the present section refers to.
The advertising service, through which MOBUSI provides advertising for Partner web pages, using different advertising formats, may not be transferred, resold, or ceded in connection with the sale or transfer of a Partner web page or for any other reason. For example, when a web page changes owners or administrators, the owner must cancel MOBUSI’s service and the new owner or administrator must solicit a new MOBUSI account.
MOBUSI will not be held responsible for the actions or omissions of Partners that perform a complete or partial breach of the present conditions.
MOBUSI does not guarantee an advertising service free of errors or interruptions, nor will it be held responsible in such cases. In no circumstance will MOBUSI be responsible for losses, damages, or harm of any type that Partners may suffer due to these errors. MOBUSI will not be held responsible for advertising placed by the Partners in their own URLS that breaches these Conditions partially or in its totality.
MOBUSI will not be held responsible for the infection of Partner or third party hardware, software, or computer systems by foreign computer programs or materials that contain instructions that may cause harmful effects, including but not exclusive to “computer viruses”, “trojan horses”, “worms”, etc.
Partners will leave MOBUSI exempt from the actions or claims that third parties might exercise against MOBUSI or other Partners, when said actions or claims are a consequence of actions or omissions exclusively attributable to the Partner and/or derived from a full or partial breach of the content of the present conditions. MOBUSI reserves the right to execute corresponding judicial actions and/or claim indemnization for the damages caused. If MOBUSI were to suffer any type of economic claim, MOBUSI reserves the right to discount the cost of the same from the revenue generated by itself or the Partners that must contest the economic claim in virtue of the content of the present General Conditions.
MOBUSI will not be held responsible for advertising or promotions done by the Partner that have not been provided by MOBUSI.
Partners will not be held responsible for the content of the advertising campaigns shown by MOBUSI’s ad service.
Partners will not be held responsible for the content shown to users as a consequence of the use of MOBUSI’s service, and will be exempt from any responsibility that might be derived from the same.
Partners agree, through the acceptance of the present Conditions, to obey all the guidelines relating to intellectual property in the provision of services, for which MOBUSI will be exempt from any and all responsibility that might come as a consequence of a possible infringement of intellectual property rights in relation to the services provided by Partners, leaving MOBUSI exempt from any claims that might arise for this reason.
Partners will be held fully responsible for the content and services of URLs under their ownership. The services provided by Partners may not be illicit, immoral, or disturb the public order.
Partners will be solely responsible for damage claims brought by any third party against MOBUSI that result directly or indirectly from the breach of the Partner guidelines and obligations expressed in these Conditions. Furthermore, Partners are obligated to do whatever necessary to keep MOBUSI exempt from claims or demands of any type, in relation to the functioning of the mentioned services.
Partners promise to correctly comply with the legal protection demanded in order to avoid the lodging of complaints, actions, or lawsuits (administrative, criminal, or civil) by third parties before any jurisdiction or trial. MOBUSI is exempt from any responsibility derived from any breach of Partner obligations in intellectual or industrial property rights and provision of services.
MOBUSI will settle, cancel, or suspend (temporarily or permanently) without bias, a Partner account without the right to payment of pending revenue generated in any of the following cases: (i) If the partner partially or fully breaches the terms and clauses in the present Conditions; (ii) If MOBUSI cannot verify or authenticate information provided by the Partner; (iii) If the Partner were to perform actions that were to place additional responsibilities on the Partner, MOBUSI, or third parties; (iv) If the partner breaches applicable guidelines; (v) If MOBUSI discovers that the activity or information of its Partners are illicit or damages the rights or property of third parties with the right to an indemnization; (vi) If a Partner were to cede, subrogate, or attempt to cede part or all of the assets, rights and obligations that correspond to them in virtue of the present conditions to third parties; (vii) If a Partner were to place advertising formats that were difficult to see or confusing for the user, and as a consequence of said placement of formats the Partner were to generate little access traffic, MOBUSI is within its rights to cancel said Partner’s account; (viii) If MOBUSI were to believe, based on its own statistics and control systems, that a Partner is using the impressions and clicks service in a fraudulent manner in order to increase revenue; (ix) If MOBUSI were to discover that a Partner was not complying with the task of maintaining its passwords secret; (x) If MOBUSI were to believe, based on its own statistics and control systems or additional information, that the “Medium” registered by a Partner is not generating profitable traffic for the advertising system, (if the traffic does not convert, or generate benefits to the advertisers) or these media have been judged to have decreased in quality.
MOBUSI and/or the Partners may consider their contractual relation derived from the acceptance of the present Conditions terminated at any time for no other reason than their own will, with a pre-notice of fifteen (15) natural days, by mail or whichever method MOBUSI deems opportune to contact the client.
MOBUSI, in compliance with its organization and optimization of its system, may eliminate any user account and with it all the added services and revenue generated, if the client does not enter the system or perform an action in any of MOBUSI’s services during a period of one year.
MOBUSI is within its right to end a contract giving service to a Partner if it detects any type of fraud mentioned in previous clauses, resulting in any content or service that the client has under contract falling under MOBUSI’s possession as compensation for any problems the fraud may have caused.
The resolution of these conditions does not exempt from compliance of outstanding obligations as well as those applicable to third parties.
The data processed to develop the contractual relationship that binds both parties, will be included in data files owned by each party, being these the only recipients of the data. The purpose for which the data is processed is to manage the terms establish in the present Conditions. The data collected is essential for the establishment and further development of said relationship.
Each party acknowledges that the owners of such data have the right to exercise their rights of access, rectification, erasure, restriction, to oppose to the processing and to data portability before the registered office of the parties to this Conditions.
In accordance with Regulation 2016/679 on Data Protection (“GDPR”), MOBUSI SL informs all Partners that for the execution of the services agreed by the Partners, as Data Controllers, the Partners authorises MOBUSI to install and develop its technology in a website which is owned or contractually-related to the Partner.
The Partner assures that it has obtained prior authorisation from the website owner to subcontract the installation of technology on its website with MOBUSI, as well as that it has published every legal notice it is required to in order to comply with the current data protection legislative framework.
To provide the services, MOBUSI, as Data Processor, will access and process, on behalf of the Partner the personal data needed to: (i) effectively provide the MOBUSI service and (ii) effectively create and implement measures developed ad-hoc that follow the information analyses conducted by the Publisher.
The Partner assures that it will inform users that the services provided by MOBUSI will collect personal data through:
MOBUSI assures that the information provided is treated with maximum confidentiality, as MOBUSI has adopted the technical and organizational methods and measures necessary to guarantee the security of personal information, avoiding the alteration, loss, treatment or unauthorized access to the same.
The Partner undertakes to comply with the following obligations: (i) Ensure that it has adequately adapted all of its data processes and company structure to the requirements imposed by EU Regulation 2016/679, and that it is fully compliant with the legislative framework; (ii) Incur in full responsibility for the accuracy, quality, and legality of personal data as well as claims related to the Data Processor’s means of acquisition of the data. As such, the Partner agrees to not submit any personal data to MOBUSI that goes beyond the established purposes; (iii) To immediately notify the Data Processor in case of any deviation from the present Agreement and its clauses and incur in full responsibility for any costs and legal liability emanating from the Partner’s actions; (iv) To supervise the processing, including the conducting of inspections and audits. The Partner authorizes MOBUSI to contract with sub-processors that provide services related with the services.
MOBUSI undertakes to the following:
The present Conditions are subject to the content of current applicable Spanish legislation.
In order to resolve any case of litigation, discrepancy, difference, or conflict that might come from the execution or interpretation of the present Conditions, the Courts of Madrid will be the competent.