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Terms & Conditions


Affiliate Terms & Conditions

Last Updated: October 14th 2013

MobTap.com is an Aspire Communication Services, LLC company (for the purpose of this agreement Aspire Communication Services, LLC will be referred to as MobTap.com), mailing address: 7512 Dr Phillips Blvd, Suite 50-613, Orlando, FL 32819, as an affiliate you must agree to the following Terms & Conditions as well as our privacy policy

As an affiliate you confirm that you are at least 18 years of age

Minimum monthly payment will be selected by the affiliate from specific fixed values made available by MobTap.com. Any payments below this level are carried over to the following month. Affiliate may change minimum payment at any time.

Payments are made approximately 30 days after the end of the month. Payments may be made at a later date if a delay is experienced when receiving payment from our advertiser(s), or any other circumstances that may facilitate a delayed payment, to include but not limited to investigation of any potential fraud from the affiliates traffic. MobTap.com cannot be held responsible for such delays.

Attempting to artificially inflate traffic/revenue will result in immediate account termination without further compensation of any kind.

Affiliate agrees that the advertisers offer and the MobTap.com SDK will not be promoted on applications that (a) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy of which it is aware; (b) violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) be defamatory or trade libelous; (d) be pornographic or obscene; (e) violate any laws regarding unfair competition, anti-discrimination or false advertising, (f) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines or (g) participate in unsolicited emailing or emailing which does not comply with the Can-Spam act of 2003.

MobTap.com cannot be held responsible for any server outages, connectivity problems, or any other situations that may interrupt our service in anyway.

Affiliate agrees to relinquish all rights for any legal action against MobTap.com or any of it’s merchants; directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns. Any attempts of legal action must be served and addressed within the state of Florida, and within the city of Orlando. All notices, requests, demands, payments and other communications which are required or may be given under this agreement shall be in writing and shall be deemed to have been duly given on receipt if delivered personally, upon receipt of a facsimile confirmation if faxed, two days after being sent by a nationally recognized overnight carrier, or three days after being mailed by certified mail, postage prepaid, return receipt requested. Notices shall be sent to the address supplied at the beginning of this agreement.

The validity of this agreement and any of its terms and provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the state of Florida, without reference to its conflict of laws principles. All disputes arising out of this agreement shall be subject to the exclusive jurisdiction and venue of the Florida state courts of Orange County, Florida (or, if there is exclusive federal jurisdiction, the United Stated District Court for the Orange County, Florida) and the parties consent to the personal and exclusive jurisdiction of these courts. If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the Parties with the other provisions remaining in full force and effect. Either Party's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right unless acknowledged and agreed to by ACS, LLC in writing.

This Agreement (a) constitutes the binding agreement between the parties; (b) represents the entire agreement between the parties and supersedes all prior agreements relating to the subject matter contained herein.

Waiver of any breach or failure to enforce any term of this agreement shall not be deemed a waiver of any breach or right to enforce which may thereafter occur. No waiver shall be valid against any party hereto unless made in writing and signed by the Party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein.

MobTap.com reserves the right to cancel any accounts, which we consider to be inactive or driving low volumes of traffic.

MobTap.com is not responsible for any errors or omissions. All decisions by MobTap.com are to be considered final.

MobTap.com reserves the right to change/update this agreement at any time, informing you by email of any such changes.

MobTap.com reserves the right to immediately cancel your account should you violate any of the conditions within this agreement and at the discretion of MobTap.com, forfeit all further payments.

Once an account is closed/terminated, no further payments will be applied to the account.

MobTap.com is not responsible for payment in the event of a advertiser being/failing unable to pay.

Affiliate must only use promotional material and SDK provided by MobTap.com and must follow all supplied guidelines as to how and where to display MobTap.com offers.

All payments will be made in US Dollars.

Any account cancelled/terminated by the affiliate will be subject to a $25.00 administration fee, if the account balance is less than $25.00, then the only the current balance will be charged.

Affiliates are not permitted to set up more than one account with MobTap.com. Affiliates violating this policy will have their account terminated immediately, without any further payment on their accounts.

Your account must be active and reach the minimum selected amount to receive payment. Active is defined as receiving clicks within the month in order to receive payment, plus the affiliate must sign into the control panel at least once every eight weeks.

Should a referred account be cancelled or terminated, payment on that account may be forfeited, this is dependent upon the circumstances that cause the account to be terminated.

Referral revenue will be reported to the affiliates revenue once all revenue has been calculated and confirmed for the month in question. Referred affiliates do not have to reach a minimum level for you to be paid. Should your account not reach our minimum payout level, all reseller commissions will be forwarded to the next month.

MobTap.com reserves the right to add, remove or amend any of the conditions within the referral program. You will be notified of any changes by email.

You will indemnify and hold harmless MobTap.com or any of its merchants; directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns. from and against any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys fees) incurred or arising from and against any action or claim brought against MobTap.com to the extent that it is based on (a) any breach of the representations and warranties of you the affiliate set forth in this agreement, (b) any breach of any covenant or agreement to be performed by you the affiliate hereunder or (c) any other intentional or negligent act, omission or misrepresentation by you, MobTap.com shall have no liability hereunder to the affiliate for any indirect, special, punitive or consequential damaged including without limitation, loss of profit or business opportunities, whether or not the party was advised of the possibility of such damages.

Neither party makes any, and each party hereby specifically disclaims any, representations or warranties, express or implied, regarding the products and services contemplated by this agreement, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of third parties, and implied warranties arising from course of dealing or course of performance.

Nothing contained herein shall imply any partnership, joint venture or agency relationship between the parties and neither party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein provided. Affiliates agree to operate as independent subcontractors.

If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this agreement shall not be affected and shall remain in full force and effect.

This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.

Any affiliate attempting to contact a MobTap.com advertiser directly in an attempt to circumvent MobTap.com services, to obtain a direct agreement will be subject to having their account terminated, forfeiting all payments on the account. Affiliates are not permitted and agree not to work directly with advertisers for a period of 180 days from termination of their account.

All notices, requests, demands, payments and other communications which are required or may be given under this agreement shall be in writing and shall be deemed to have been duly given on receipt if delivered personally, upon receipt of a facsimile confirmation if faxed, two days after being sent by a nationally recognized overnight carrier, or three days after being mailed by certified mail, postage prepaid, return receipt requested. Notices shall be sent to the address at the to of this agreement.

This Agreement (a) constitutes the binding agreement between the parties; (b) represents the entire agreement between the parties and supersedes all prior agreements relating to the subject matter contained herein.

This Agreement shall be governed by, and construed in accordance with the laws of the Unites States of America without regard to its conflicts of laws principles.

This Agreement may be terminated by either party without cause upon at least fourteen (14) days prior written notice or email notification.

Neither party shall sell, transfer or assign this agreement or the rights or obligations hereunder, without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION MobTap.COM PROVIDES MobTap.COM ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND MobTap.COM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. No advice or information, whether oral or written, obtained by affiliate from ACS, LLC shall create any warranty not expressly made herein. Neither party makes any, and each party hereby specifically disclaims any, representations or warranties, express or implied, regarding the products and services contemplated by this agreement, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of third parties, and implied warranties arising from course of dealing or course of performance.

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. MobTap.COM AGGREGRATE LIABILTY TO AFFILIATE OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE MOBTAP.COM SERVICE/WEB SITE, HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its fault or negligence, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather condition or strikes. The Parties shall resume performance under this Agreement once the Force Majeure condition ceases, with an option, at the mutual agreement of the Parties, to extend any affected delivery or performance date up to the length of time the Force Majeure condition endured.

Advertiser Terms & Conditions

Last Updated: October 14th 2013

MobTap.com is an Aspire Communication Services, LLC company (for the purpose of this agreement Aspire Communication Services, LLC will be referred to as MobTap.com), mailing address: 7512 Dr Phillips Blvd, Suite 50-613, Orlando, FL 32819, as an affiliate you must agree to the following Terms & Conditions as well as our privacy policy

Minimum age:
As an Advertiser you agree that you are at least 18 years of age.

Cancellation:
Either party may cancel this agreement with 3 days notice in writing via certified mail or confirmed email.

Payment Terms:
An Invoice will be emailed at the end of each month in PDF format, unless otherwise agreed invoices are payable upon receipt. Late payments will bear interest as marked on the invoice at the rate of 1.5% per month. Advertisers receive 14 days from the date an individual lead is posted to report the lead as non-payable, after which point the lead is becomes payable. Reported data and subsequent payments may not be reversed, unless a discrepancy appears in favor of ACS, LLC. Payments can only be accepted in U.S Dollars, checks should be made payable to either ACS, LLC or Aspire Communication Services, LLC, or if agreed transferred to the ACS, LLC PayPal account.

Legal:
Should there be any requirement for legal action whereby ACS, LLC is the prevailing party, Advertiser shall be responsible for all reasonable legal expense costs incurred by parties involved, and reimburse accordingly. Advertiser is also responsible for any extra expenses and costs incurred in the recovery of any unpaid amounts which remain overdue as per the terms of this agreement, including but not limited to costs of debt recovery agents employed on behalf of ACS, LLC

Governing Law:
The validity of this agreement and any of its terms and provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the state of Florida, without reference to its conflict of laws principles. All disputes arising out of this agreement shall be subject to the exclusive jurisdiction and venue of the Florida state courts of Orange County, Florida (or, if there is exclusive federal jurisdiction, the United Stated District Court for the Orange County, Florida) and the parties consent to the personal and exclusive jurisdiction of these courts. If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the Parties with the other provisions remaining in full force and effect. Either Party's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right unless acknowledged and agreed to by ACS, LLC in writing.

Entire Agreement:
This agreement supersedes any and all other agreements, either oral or written, between the Parties with respect to the subject matter of this agreement unless evidenced by a signed writing by both Parties such documents incorporates by reference this agreement.

Waiver:
Waiver of any breach or failure to enforce any term of this agreement shall not be deemed a waiver of any breach or right to enforce which may thereafter occur. No waiver shall be valid against any party hereto unless made in writing and signed by the Party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein.

Severability:
If any one or more provisions of this agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained here in shall not in any way be affected or impaired; provided, however, that in such case the Parties will in good faith use their best efforts to achieve the purpose of the invalid provision agreeing on a substitute provision that is legally enforceable.

Service Provided:
MobTap.com will distribute your offer to end users through its proprietary mobile application which is built into its affiliates mobile applications. MobTap.com will be responsible for paying affiliates utilizing funds received from the Advertiser. Methods of driving traffic include but are not limited to host and post lead generation and 'in the app' pop up interstitials. MobTap.com will report all activity back to individual affiliates based on data stored inside the MobTap.com tracking system. MobTap.com reserves the right to remove or suspend any campaign that it feels does not match our Terms & Conditions or privacy policy.

Placement of Advertisements
Whilst MobTap.com will place your offer into the MobTap.com system, MobTap.com does not guarantee that the offer will receive traffic/registrations.

Advertising Materials:
ACS, LLC reserves the right to amend/change any supplied advertising materials to provide a fit for the MobTap.com format.

Tracking:
Advertiser is responsible for meeting all tracking requirements to enable MobTap to track and report all payable leads in real-time through the MobTap.com database.

Reporting
All offers must report back to the MobTap server in real-time. Host & Post offers will be recorded in the MobTap.com database at the time of data collect and posting. Link Out offers must perform an immediate post back to the MobTap API upon completion of the payable lead.

Fraud:
Advertiser should be aware that the very nature of the Internet allows for the potential of fraud. MobTap.com will work with Advertisers to assist in any investigation of fraud. If a fraud cannot be substantiated through data stored by MobTap.com all payments will be made in full for all traffic, as agreed at the appropriate amount as per the payments listed in the insertion order.

Legal:
Advertiser agrees to relinquish all rights for any legal action against MobTap.com or any of it’s merchants; directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns. Any attempts of legal action must be served and addressed within the state of Florida, and within the city of Orlando. All notices, requests, demands, payments and other communications which are required or may be given under this agreement shall be in writing and shall be deemed to have been duly given on receipt if delivered personally, upon receipt of a facsimile confirmation if faxed, two days after being sent by a nationally recognized overnight carrier, or three days after being mailed by certified mail, postage prepaid, return receipt requested. Notices shall be sent to the address supplied at the beginning of this agreement.

Removal of campaigns:
MobTap.com reserves the right to immediately remove a part or all of a campaign without notice if we feel that it violates any of our policies or if we feel that the campaign may be a cause of libel or any other potential legal issue against MobTap.com, its affiliates or advertisers, incase of payment issues, or if the offer is not produce adequate results.

Interruption of Service:
MobTap.com cannot be held responsible for any server outages, connectivity problems, or any other situations that may interrupt our service in anyway.

Confidentiality:
The parties agree not to disclose the terms and conditions of this agreement, including any 'special terms' built into this IO by either party, except to such Party's legal and financial advisors on a "need-to-know basis" and in each case under an obligation of confidentiality, or as required by law (provided, however, in the event a party is required to disclose the terms and conditions of this agreement as required by law, such party gives the other party reasonable prior written notice of such disclosure). Advertiser agrees to hold in strictest confidence, not to use except in connection with this agreement, and not to disclose confidential information without the prior written authorization from ACS, LLC. This section shall bind and inure to the benefit of the Parties hereto and their successors and assigns, provided that the Advertisers right to receive confidential information may not be assigned without the prior consent of ACS, LLC

Indemnification:
Advertiser will indemnify, defend, and hold harmless ACS, LLC, its directors, managing members, officers, agents, employees, its parent, subsidiaries, affiliates, successors and assigns from and against any and all losses, damages, suits, judgments, reasonable costs and expenses (including reasonable attorneys fees) arising out of any claim or cause of action relating to the performance or non-performance of ACS, LLC's obligations as set forth herein, including without limitation any claims or causes of action relating to ACS, LLC's marketing and promotion of the MobTap.com service/web site, to include marketing of your campaign(s)

Warranty Disclaimer:
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION MOBTAP.COM PROVIDES MOBTAP.COM ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND MobTap.COM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. No advice or information, whether oral or written, obtained by Advertiser from ACS, LLC shall create any warranty not expressly made herein. Neither party makes any, and each party hereby specifically disclaims any, representations or warranties, express or implied, regarding the products and services contemplated by this agreement, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of third parties, and implied warranties arising from course of dealing or course of performance.

Relationship of Parties:
The relationship of the Parties created by this agreement is that of independent contractors and not that of employer/employee, principle/agent, partnership, joint venture or representative of the other.

Limitation of Liability:
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. MOBTAP.COM AGGREGRATE LIABILTY TO ADVERTISER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE MOBTAP.COM SERVICE/WEB SITE, HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Force Majeure:
Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its fault or negligence, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather condition or strikes. The Parties shall resume performance under this Agreement once the Force Majeure condition ceases, with an option, at the mutual agreement of the Parties, to extend any affected delivery or performance date up to the length of time the Force Majeure condition endured.

Non-circumvent
At times it may be necessary to reveal the URL/identity of a particular affiliate to the Advertiser, any such information is revealed in strictest confidence, MobTap.com strictly forbids the solicitation of our affiliate base. As a Advertiser you are not permitted to solicit any MobTap.com affiliates, to include utilizing any available technology to locate affiliates. Any Advertiser knowingly soliciting affiliates will be cause for immediate termination of their campaign(s) at the discretion of MobTap.com as well as be subject to a $5,000 fee on a per affiliate solicited basis.

Campaign Termination:
Either party may terminate the agreement with 24 hours notice, either by emailing ACS, LLC using our contact form on our web site or by writing to us and using certified mail to: ACS, LLC, 7512 Dr Phillips Blvd, Suite 50-613, Orlando, FL 32819. ACS, LLC reserves the right to terminate this agreement immediately, without reason, the Advertiser will be notified by emailing the current contact on record.










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