Terms and Conditions

I. Agreement, availability and modifications of the Terms and Conditions for Affiliates to MOOSITE, S. L.

This Agreement contains the Affiliate Terms and Conditions ("Conditions") that regulate the relationship between MOOSITE, S. L. ("MINIPLAY AFFILIATES") and the Affiliates utilizing the service ("Affiliate").

MINIPLAY AFFILIATES puts at the Affiliate's disposal the Conditions herein contained so that they can be stored and reproduced following the advance notice duty established by Law 34/2002 on Information Society Services (Spain). The Conditions herein stated will be in force and valid on condition that they can be accessed through the following URL (http://affiliates.miniplay.com).

MINIPLAY AFFILIATES reserves the right in its sole discretion to modify the terms and clauses herein contained if due to changes in regulations in force, technical evolution and/or changes in the service amongst other reasons. MINIPLAY AFFILIATES will provide notice thereof as soon as possible through http://affiliates.miniplay.com and/or written e-mail notice.

II. Ownership of the URL http://affiliates.miniplay.com and Registry Information.

The domain http://affiliates.miniplay.com is registered and owned by MOOSITE, S. L., a company located at Glorieta de Quevedo, 5 (Spain) and inscribed at the Business Register of Madrid, Volume 18478, Sheet 94, Section 8, Page M-320946, Entry B-83555524.

Contact e-mail: [email protected]

III. Affiliate Condition.

The affiliate condition is obtained through the compulsory agreement to the Conditions herein stated.

In order to be eligible as an Affiliate, you must be over 18 years of age and fully abide by the Conditions herein contained. By agreeing to the Conditions, you expressly state that you are over 18 years of age, that you have the capacity for contracting and that you have read and assented to the following legally binding Conditions.

MINIPLAY AFFILIATES will store the digital agreemet form and will confirm the contraction of the service through an acknowledgment of receipt sent through e-mail wherein the subsequent agreement will be attached.

Shall the Affiliate not assent to the Conditions herein stated, access to the control panel will not be granted and any business relationship between MINIPLAY AFFILIATES and the Affiliate will be revoked. Any subsequent payment will be made void thereafter.

MOOSITE, S.L. reserves the right in its sole discretion to reject the pages it considers inappropriate for the advertising service.

IV. Affiliate Area.

The Affiliate will be granted access to the affiliate area through the following URL (http://affiliates.miniplay.com) using their username and password.

In this area, the Affiliate will be granted access to different sections where the profit information and the billing service can be verified.

V. Advertising Service.

Through this service, MINIPLAY AFFILIATES manages the advertising received by the traffic generated by the Affiliate, either through their page, purchased from third parties or sent by agreements with third parties the Affiliate may have. The Affiliate will yield profit according to the conversions generated by said traffic through the advertising formats or systems engaged with MINIPLAY AFFILIATES.

VI. Terms and Conditions of the Service.

The Affiliate will be permitted to use any of the advertising formats provided by MINIPLAY AFFILIATES or send traffic to the URLs to that effect provided. User traffic registered from computers, smartphones or tablets will be sent to the MINIPLAY AFFILIATES advertising service, and the corresponding advertising campaigns, paid through formats defined with the client beforehand, will be shown to said visitors.

Should the Affiliate modify the provided URLs and/or somehow alter the codes sent by MINIPLAY AFFILIATES, this agreement will be declared null and void and MINIPLAY AFFILIATES will be exempted of the conditions herein stated.

Should the Affiliate fail to comply with the Conditions herein stated regarding the type of traffic sent and/or the generation of fake recods of advertising campaigns, this agreement will be declared null and void and MINIPLAY AFFILIATES will be exempted of the conditions herein stated. MINIPLAY AFFILIATES shall not be liable for any payment the Affiliate has to make effective regarding the breach of the Conditions herein stated.

1. Advertising Campaigns

MINIPLAY AFFILIATES, reserves the right to modify at any given time the contents in the advertisements related to the Affiliate, always seeking to achieve the best performance.

Therefore, the Affiliate, by assenting to these Conditions, expressly relinquishes the choice of advertising destined to the Affiliate's webpages to MINIPLAY AFFILIATES. MINIPLAY AFFILIATES reserves the right to modify the aforementioned advertising at any given time.

2. Ordination of the Advertising Formats

2.1. The Affiliate must include only the scripts provided by MINIPLAY AFFILIATES and/or redirect the traffic to the given URLs only, following at all times the regulations stated in the Affiliate area and/or provided by the MINIPLAY AFFILIATES staff.

3. Accessing the Service

The Affiliate must be identified using the username and password they previously defined. The Affiliate must keep the confidentiality of said keys, being the Affiliate the only party in charge of their maintenance, and the sole party liable should said keys be used by an unauthorized third party. MINIPLAY AFFILIATES shall not be liable for the misuse of said keys in any case.

VII. Rates and Methods of Payment.

From the Statistics area, the User can access information related to their daily impressions and the generated income.

The entirety of the profit generated by the Affiliate will be calculated according to the statistics gathered by MINIPLAY AFFILIATES, which can be accessed from the URL previously stated.

There will be a monthy billing and payment of the generated profit, as long as a minimum of 100 Euro is reached. Should the monthy profit not meet that figure, it will be accumulated and paid the following month(s).

MINIPLAY AFFILIATES will proceed to pay the amount stated on the bill in a maximum of 30 days after its receipt.

Once the bill is received, MINIPLAY AFFILIATES will proceed to make the payment of the generated profit effective. The only valid methods of payment are “bank transfer” and “PayPal”.

The expenses generated by said transfers shall be assumed by the Affiliate.

VIII. Rights and Duties of the Affiliate.

Once the Affiliate is registered and has assented to the Conditions, they will have the right to access codes and URLs in order to send traffic and generate impressions.

The Affiliate will have the right to receive payment of the generated profit, which will be shown in the statistics as long as the minimum amount stated in section VII is met.

It is expressly forbidden for the Affiliate to include contents not permitted by law, moral or the good manners generally accepted in the URLs where MINIPLAY AFFILIATES advertising is included.

It is expressly forbidden for the Affiliate to modify the codes and/or URLs provided by MINIPLAY AFFILIATES.

It is expressly forbidden for the Affiliate to transfer or subrogate the rights and duties stated in these Conditions in favor of a third party. Said rights and duties cannot ve transferred or resold with commercial purposes.

It is expressly forbidden for the Affiliate to use the service provided by MINIPLAY AFFILIATES in a fraudulent way.

The Affiliate shall be held responsible for the confidentiality of their username and password. MINIPLAY AFFILIATES reserves the right in its sole discretion to carry actions and/or claims deriving from damage caused to MINIPLAY AFFILIATES due to the breach of said confidentiality by the Affiliate.

The Affiliate is solely responsible for the compliance with the governing law and the deriving obligations thereof applied to their activities (particularly, Spanish LSSICE, LOPD.) Other parties shall not be liable for any claims and/or actions deriving from the partial or complete breach of the obligations herein stated.

IX. Transfering the Advertising Service.

This service is used by MINIPLAY AFFILIATES to provide advertising to the Affiliate's webpages through different formats. Said service cannot be transferred, resold or ceded due to the sale or transfer of the aforementioned webpages or any other reason. For example, when a webpage changes administrators or owners, the former holder is obligued to cancel the service with MINIPLAY AFFILIATES and the new owner shall write a new application in order to create a new account with MINIPLAY AFFILIATES.

X. Responsibility.

MINIPLAY AFFILIATES shall not be held responsible for the actions or neglects of the Affiliate that constitute a partial or total breach of the Conditions herein stated.

MINIPLAY AFFILIATES shall not be held responsible for and cannot guarantee the uninterrupted and/or error-free functioning of the advertising service. Under no circumstances shall MINIPLAY AFFILIATES be held responsible for the loss and/or damage deriving from these errors.

MINIPLAY AFFILIATES shall not be held responsible for advertisements the Affiliate makes in the URLs that constitute a partial or total breach of the Conditions herein stated.

MINIPLAY AFFILIATES shall not be held responsible for the transmission to physical and logical systems belonging to the Affiliate and/or third parties of software and/or third-party material containing a sequence of instructions that might cause damage to said systems, including but not restricted to viruses, trojans, worms, etc.

The Affiliate is solely responsible, expressly excluding MINIPLAY AFFILIATES, of the actions and/or claims that any third party might exercise against MINIPLAY AFFILIATES and/or other affiliates when said actions and/or claims derive from actions or neglects ascribable to the Affilate and/or deriving from a partial or total breach of the Conditions herein stated. MINIPLAY AFFILIATES reserves the right in its sole discretion to carry the legal action considered necessary and/or claim a monetary compensation for damages. Should a monetary claim be raised against MINIPLAY AFFILIATES, MINIPLAY AFFILIATES reserves the right to deduct the sum of said claim from the profit generated by the Affiliate(s) that must assume said monetary claim according to the Conditions herein stated.

MINIPLAY AFFILIATES shall not be held responsible for any promotion or advertising made by the Affiliate not provided by MINIPLAY AFFILIATES.

The Affiliate shall not be liable for the content of the advertising campaigns displayed by MINIPLAY AFFILIATES.

The Affiliate shall not be liable for the content displayed to the users as a consequence of the use of the service provided by MINIPLAY AFFILIATES, therefore being waived of any responsibility deriving thereof.

XI. Intellectual and Industrial Property.

The Affiliate, by assenting to the Conditions herein stated, agrees to comply with the governing law concerning intellectual property in this service. Therefore, MINIPLAY AFFILIATES shall not be liable for any resposibillity deriving from an infringement of the intellectual property laws related to the service or any claims deriving thereof.

The Affiliate shall be liable for the content and/or services in the URLs belonging to them. The services provided by the Affiliate shall not be unlawful and/or inappropriate.

The Affiliate shall be the only party liable for the damage related to any third party caused to MINIPLAY AFFILIATES and deriving directly or indirectly from a breach in the obligations stated by the governing law. The Affiliate shall do anything in their power to leave MINIPLAY AFFILIATES undamaged from the claims and/or actions of any kind related to the service.

The Affiliate assents to comply with the governing law to the extent of avoiding the lodging of claims, actions and/or lawsuits (administrative, civil and/or criminal) from third parties before any jurisdiction and/or court. In any case, MINIPLAY AFFILIATES shall not be liable for any responsibility deriving from a breach in the Affiliate's obligations regarding intellectual and industrial property in the service.

XII. Breach and Termination.

Notwithstanding any other undergoing measures and/or actions, MINIPLAY AFFILIATES will terminate or cancel temporarily or permanently the present Affiliate agreement in any of the following cases. The Affiliate will receive prior notice, but will not be entitled to receive the payment of the pending generated profit.

  • Should the Affiliate breach partially or totally the terms and clauses herein stated;
  • Should MINIPLAY AFFILIATES fail to verify the information provided by the Affiliate;
  • Should the Affiliate carry out actions deriving in liabilities for the Affiliate, MINIPLAY AFFILIATES and/or third parties;
  • Should the Affiliate fail to comply with the governing dispositions;
  • Should MINIPLAY AFFILIATES learn that the activities and/or information of the Affiliate is unlawful and/or damages properties and/or rights of a third party susceptible to compensation;
  • Should a transfer, subrogation and/or attempted transfer in favor of a third party of part or the enterity of the assets, rights and/or obligations herein stated happen;
  • Should the Affiliate arrange the advertising formats in a confusing or barely visible fashion, deriving in a low access traffic;
  • Should MINIPLAY AFFILIATES in its own discretion and according to its own statistics and control systems decide that the Affiliate is using the service herein described in an unlawful way in order to improve their profit;
  • Should MINIPLAY AFFILIATES learn that the Affiliate is not handling their keys with diligence;
  • Should MINIPLAY AFFILIATES in its own discretion and according to its own control and quality systems and/or additional information estimate that the format registered by the Affiliate generates a non-prfitable traffic or that the quality of said formats has descended.

Likewise, MINIPLAY AFFILIATES and/or the Affiliate can terminate the contractual relationship deriving from the Conditions herein stated at any given time without requiring force majeure. However, prior written notice delivered at least fifteen (15) calendar days before the termination is necessary.

MINIPLAY AFFILIATES, in compliance with its organization and system optimization, shall in its sole discretion decide to delete any user account and its related services and profit should the Affiliate not carry out any action related to the services provided by MINIPLAY AFFILIATES in a year.

MINIPLAY AFFILIATES reserves the right in its sole discretion to terminate the agreement with the Affiliate service or any other service should one or several of the aforementioned frauds occur. MINIPLAY AFFILIATES shall become the owner of any content or service contracted by the Affiliate as compensation for the damage caused by the fraud.

The termination of the following Conditions does not exempt from the pending obligations and/or those assumed with third parties.

XIII. Privacy Policy.

In compliance with the Spanish organic law 15/1999 of December 13 on the protection of personal data, MINIPLAY AFFILIATES communicates the Affiliate that any personal data provided will be recorded in an automatic file belonging to MINIPLAY AFFILIATES. The purpose hereof is to manage the contractual relationship deriving from the agreement to the Conditions herein stated and to inform the Affiliate of any new products developed by MINIPLAY AFFILIATES. The data will only be used and transferred in compliance with these objectives.

The holders of the aforementioned personal data can access, modify and cancel their personal information freely by sending a written notice to the following address: MOOSITE, S. L., Glorieta de Quevedo, 5, 28015 Madrid (Spain.) The data can also be accessed and modified through the corresponding section in the affiliate area.

The e-mail address provided will be used as a means to confirm the contractual relationship and inform the Affiliate of changes in the Conditions herein contained.

The personal information provided is managed with complete confidentiality, following the technical and organizational measures necessary to guarantee the security of the aforementioned personal data and preventing its alteration, loss or non-authorized access.

Any changes in the Privacy Policy will be immediately notified through this page, including a rectification if necessary.

XIV. Governing Law and Competent Court.

The Conditions herein stated are subject to the provisions set forth by the Spanish governing law.

In order to resolve any litigation, discrepancy and/or conflict arising from the execution and/or interpretation of the Conditions herein stated, the parties will be subject to the Courts and Tribunals of the city of Madrid.