PUBLISHER/AFFILIATE/USER - a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity, broadcasting advertisement on the Internet, who has met the conditions set out in these Regulations, necessary to obtain the status of the Publisher, and who express a desire to join the MyLead affiliate program with the purpose of renting advertising space to Advertisers.
TRAFFIC SOURCE - a website/blog/forum/other, where the Publisher participating in the affiliate program rents out advertising space to the Advertiser - the Publisher publishes a link referring to the website of the previously selected Advertiser, who is a customer of the MyLead affiliate network.
ADVERTISER - a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity, being the owner of the affiliate program, interested in broadcasting advertisements for its product or service through the MyLead program.
AFFILIATE/PARTNERSHIP PROGRAM - a set of rules and principles individually adapted to each product campaign carried out on the Publisher’s websites. The Affiliate (Publisher) receives from MyLead appropriate information about the detailed conditions of the expected remuneration for the rental of advertising space, target advertising pages, and the period of advertising broadcast, initially prepared by the Advertisers.
WEB PAGE - a separate proprietary area on the Internet, identified under its own individual URL. Usually created in SGML (HTML, XML) languages, readable by external users of a web browser.
AFFILIATE PROGRAMS NETWORK - (abbreviated as Network, Affiliate Network, or Portal) a link between the affiliate programs of Advertisers and Publishers. The platform (Interface) created for this purpose is the exclusive property of Lead Investments Sp. z o.o (Polish limited liability company).
WEB SERVICE/ADVERTISING SPACES - a set of websites related to each other in terms of: content, graphics, mechanism of operation and functioning, on which the Publisher presents the Advertisers’ content in graphic or text form.
END USER/CLIENT - a natural person who performs a specific action previously determined by the advertiser (usually it is a click on a given advertisement, published in the Publisher’s Traffic Source, which is a link to the website of the Advertiser who pays for the action).
TARGET PAGE/WEBSITE OR SERVICE OF THE ADVERTISER - a website of the Advertiser indicated by them in the process of approval to the MyLead affiliate program, officially listed on the affiliate program platform as the advertised website.
TARGET LINK/PARTNER LINK - a link placed in the Publisher’s Traffic Source, leading to the Advertiser's website.
TRAFFIC - determines valid clicks, contacts, leads and sellleads confirmed and approved by the Advertiser or Administrator.
FAKE TRAFFIC - specifies incorrect (incorrectly triggered) clicks, contacts, leads and sellleads that have not been accepted by the Advertiser or the Administrator and may result from violating the provisions of the Regulations.
CLICK - execution of a specific action, consisting in selecting a link/banner and other advertising forms, pointing to the Advertiser’s landing page. It’s executed by the End Users on the Publisher’s website.
LEAD - means the performance of an activity executed by the End User who visited the Destination Page through the Publisher’s Website under the conditions regulated in the Affiliate Program. Lead can mean, among others, filling out a form, filling out a questionnaire or other activity that is not a selllead.
SELLLEAD - action performed by the End User, approved in the Affiliate Program, which was sent to the Advertiser’s landing page via the Publisher’s website, in accordance with the conditions previously established by the Affiliate Program. Unlike Lead, SellLead relates to the purchase of a specific product or service to which the End User was directed by the Publisher.
SMARTLINK - a specific Affiliate Program, in which many campaigns are combined, allowing for automatic redirection of the End User, taking into account e.g. the country in which they are located or the device they use. For this reason, the Publisher has no direct influence on the type of advertisements displayed in Smartlinks, as well as on Lead rates, the value of which is provided on the Program’s page and is only indicative and cannot be the basis for requesting a payment in a specific amount.
FRAUD - Lead obtained in a manner inconsistent with the Regulations, in particular, when:
- Lead is manually entered on the advertiser’s landing page;
- the data provided on the website is false;
- the data provided on the website has been entered without the consent of the data owner;
- parameters of several Leads indicate that they were generated by one person;
- Leads, that may in any other way be classified as Artificial Traffic;
- Advertiser marked Lead data as Fraud;
- The Publisher encouraged third parties to provide data by offering them remuneration or any other service that could induce them to perform actions in the campaign, unless the Advertiser explicitly allows such traffic;
- comes from fake clicks;
- comes from invisible ads;
- Leads come from bots - “non - human traffic”.
OLD LEAD/COLD LEAD - Lead that does not translate into the Advertiser’s profit despite payment to the Publisher, for example by not making a purchase on the Advertiser’s website in the case of the CPL model; these are often inactive customers. A significant number of Cold Leads among all obtained Leads may result in their rejection, rejection of all Leads from a given affiliate campaign, blocking access to the Affiliate Program or blocking access to the account. Cold Lead may also occur in the case of obtaining several Leads from one customer in partner programs in which the end customer base is shared - then the Advertiser does not pay for duplication. Each time it depends on the conditions and terms of a given Campaign.
BAN - permanent blockade of the Publisher’s account as a result of non-compliance with the provisions of these Regulations. The Administrator reserves the right not to inform about its detailed reasons, when it is justified by the protection of the functioning of the Fraud detection system.
ADVERTISING MATERIALS - means any content, images, videos, data or any other materials provided by the Advertiser, constituting the sole property of the Advertiser, entrusted to MyLead for the purpose of providing advertising services through Publishers.
PUBLISHER’S PANEL (also known as the User’s Panel and the User’s Home Page) - a part of the Affiliate Program Network which contains information on the funds earned by the Publisher in the Affiliate Programs implemented by the Publisher.
RECEIVABLES, COMMISSIONS - money generated by Publishers participating in selected partner programs, in accordance with the specific settlement rules in the regulations of a given partner program and these Regulations.
MINIMUM COMMISSION PAYMENT - the minimum amount of commission that the Publisher must achieve to receive the payment of accumulated funds.
PAYMENT COMMISSION - generated remuneration of the Publisher that has been accepted and paid by the Advertiser.
PRODUCTS OR TOOLS - options and solutions made available to Publishers after logging into the Publisher’s account.
TRACKING SYSTEM - an IT system that monitors and analyzes in detail advertising campaigns conducted by publishers. It allows you to register the amount of clicks by End Users on advertisements and their sales and specific actions. This system allows you to test the effectiveness of individual advertising media (xml files, widgets, partner links, banners), and has tools that allow to detect and combat all types of illegal activities and the provisions of these Regulations, including the Publisher’s Code of Ethics.
PUBLISHER’S ETHICAL CODE - attachment no. 2 to these Regulations, setting out the ethical rules for the promotion of Advertisers by Publishers and the rules of communication of the Publisher with employees of Lead Investments Ltd., Advertisers and other partners related to Lead Investments Ltd. and/or other users using the MyLead platform, constitutes an integral part of the Regulations.
BRAND BIDDING - promotional activities carried out by the Publisher, aimed at promotion through internet search engines using keywords containing the Advertiser’s name/names; some Advertisers do not allow such a way of promotion.
As part of the Affiliate Programs offered in the MyLead network, there will be used, among others, the following models of remuneration for the rental of advertising space:
CPA (cost per action) - a billing model in which the Publisher receives remuneration for the performance by the client of a specific action in the rented advertising space. These types of programs include, for example:
- offers in which the End User must purchase a product or service (e.g. VOD campaigns);
- investment offers requiring a deposit (often also active investment);
- game offers in which the player must perform an additional action, e.g. spend a certain amount of time in the game or reach a certain level.
CPL (cost per lead) - a billing model in which the Publisher receives remuneration for the customer’s data (e.g. for registration or for confirming interest in a product or service in an interview with the advertiser’s call centre). The CPL model includes, among others:
- submit email offers - programs in which the End User must register (Single Opt-In - SOI) or, additionally, after the registration, they must confirm the email address (Double Opt-In - DOI), from which they registered;
- offers with confirmed interest - programs in which the End User is contacted by a call center and during the conversation the End User declared the willingness to use the product or service;
CPS (cost per sale) - a billing model used by online store campaigns (ecommerce) with a large variety of products. The main difference between CPA and CPS campaigns is the fact that in the CPS model the action to be performed by the end customer is sale/purchase, while in the CPA model the actions may be of various kinds, such as leaving credit card details;
COD (cost on delivery) - a billing model in which the End User purchases a product, and the Advertiser’s call center additionally asks for confirmation of their willingness to but and persuades them to purchase other products;
PPI (pay per install) - a billing model in which the commission is awarded for the installation of the program or application. There are two types of PPIs in MyLead:
Direct PPI - offers billed for the installation of a single program, game or application. It is characterized by a clearly defined rate;
PPI Bundle - commission is awarded for installing additional offers proposed in the process of installing a larger program (as in popular download assistants). The rate in the PPI Bundle depends on many factors, such as the country and device of the End User as well as the number and type of additional programs installed;
IVR (interactive voice response) - a telecommunications system that enables telephone customer service. The model consists in connecting the End User, using their own mobile device, with an external call center company, with which they will make a paid call. In this model, the Publisher’s remuneration for the rent is based on the commission for such a call. In MyLead, as part of the IVR model, money on social and esoteric topics can be earned. In the promotion of this model, the Publisher receives an assigned extension number that defines the assignment of commission to their account in MyLead;
SMS Premium/SMS MO - a model based on billing for each premium SMS sent to End Users. In practice, it consists in the fact that the End User, in order to gain access to specific content, must send an SMS to the provided number, to which a verification code will be sent in response, which must be entered in the form on the Advertiser’s website;
SMS/SMS MT/PIN Submit subscription - a model, in which commission for the rental of advertising space is gained for customers who subscribe to the advertiser’s program. The End User will receive recurring text messages as part of the subscription and will have to pay for each of them, and the Publisher will receive a commission for this.
§3 Portal functioning rules
- The Publisher, through the Affiliate Program Network, participates in partner programs to promote Advertisers in their Advertising Space, which is rented to Advertisers. Whenever third parties, End Users, the Publisher’s traffic sources, click on the advertising media, this results in a transaction on the Advertiser’s Website, specified in detail in the Advertiser's partner program. The publisher will receive remuneration for providing the Advertising Space that successfully led to the transaction.
- The amount of remuneration is specified in detail in the individual conditions of each partner program. It is possible to pay for a combination of models such as CPA, CPL, CPS, COD, PPI, Direct PPI, PPI Bundle, IVR, SMS MO, SMS MT. The Administrator and the Advertiser reserve the right to change the rules and rates applicable in a given Program, also during the Affiliate Program, as well as to close the Program, about which information will appear on the Portal. The change in rates may be dictated in particular by the provision of good quality traffic (positive change), or poor quality (negative change), as well as a change in the currency exchange rate in which the Advertiser makes settlements with the Administrator.
- The technical condition necessary for the correct registration and use of the Portal and the MyLead Partner Program is to have an individual email address and a telephone number that must be provided to the Administrator during the registration process to verify the account, and a web browser in one of the following versions: Internet Explorer 8.0, Mozilla Firefox 3.0, Google Chrome 3.0, Safari 4.0, Opera 10.0 or higher or other compatible web browsers.ch.
- A prerequisite for registration and participation in the Affiliate Program Network is also having a bank account, an account on the PayPal platform or other online wallets and online payment systems, as described in §7 section 4, to which payment will be sent by the Administrator.
- Registration in the Affiliate Program Network takes place by completing the electronic form available on the website of the Network www.mylead.global during the User’s registration n the Portal and the affiliate program, the User (Publisher) must consent to the use of electronic means of communication in order to perform the services offered by the Portal - it is a condition for the registration. Communication with the Publisher will take place electronically, while the notifications published by MyLead in the interface are considered to be received at the time of its publication, while notifications sent by email are considered delivered at the time of sending to the email address provided by the Publisher during registration. Registration may also take place using data on a Google account or a Facebook account.
- Registration in the Portal and Affiliate Program means acceptance of the Regulations and the conditions of a particular Affiliate Program.
- Registration of the Publisher in the Affiliate Network means the conclusion of an agreement between MyLead and the Publisher and treating the Publisher as a full participant in the campaigns carried out for Advertisers (renting the Advertising Space), registered on MyLead network partner programs platform. The data provided by the Publisher during the registration process must be complete and real.
- The Publisher’s registration in the affiliate program equals the Publisher’s declaration of having full legal capacity.
- Registration allows access to the Publisher’s account, and after logging in, the Publisher is entitled to update and complete the data provided in the electronic application form on the website.
- Registration and participation in the MyLead Portal is free of any fees. However, the Administrator reserves the right to change market fees for activities carried out on the Publisher’s Traffic Source, dedicated mailings, landing pages, banner creations, if the Publisher, who agreed to receive this type of help and received it, does not take any action to generate traffic for 14 days after receiving the materials. The prepared files are sent to the Publisher using the email address provided in the Publisher’s profile. They will receive a similar message when actions are performed on the Publisher’s Traffic Source by the MyLead team. The message will also include a reminder to carry out activities with the materials sent. The Publisher should confirm the receipt of this information by confirming it in the form of a message - a reply to the email sent by MyLead.
- The User (Publisher) may at any time resign from being active in the Portal and the Affiliate Program. For this purpose, the User/Publisher submits an application to the Administrator to delete the account. The Publisher can also do this automatically via their user panel. The deletion of the account is irreversible - in order to participate in the Program again it is necessary to re-register.
- All content posted on the website www.mylead.global, www.mylead.pl and www.mylead.euin particular trademarks, works within the meaning of the Act on copyright and related rights, specialist knowledge, know-how and the software used and the methods of implementing the advertising procedure are the properties of MyLead or the Advertisers and may not be used without the consent of the Administrator or another authorized person. The Publisher has the right to use the links to Advertisers’ landing pages, sales pages and graphic materials that the Administrator provides for the purposes of the MyLead.global promotion in the “Recommended” tab (https://mylead.global/panel/referes) and for the promotion of partner programs available on the MyLead.global platform. Their use is possible only by Users who have an active account on the MyLead.global platform and only in the context of partner programs offered by MyLead.global. A requirement is also a valid and ongoing contract between the Publisher and the Administrator.
§4 Terms of the MyLead Affiliate Program
- The Publisher may wish to participate in the Affiliate Program by using the advertising models previously available in the program. The use of external advertising models of the Administrator and the Advertiser is allowed only with the prior written consent of the above-mentioned. If the Publisher wants to carry out an advertising campaign with the use of non-standard advertising materials, the Publisher is obliged to ask for the consent of the Administration in advance.
- Obtaining the Publisher status does not mean that the Publisher may participate in all Affiliate Programs. Additional authorization from MyLead or the Advertiser is required to participate in some of the Affiliate Programs. The Publishers acknowledge that some of the Affiliate Programs provided by Mylead may not be available to them on the Affiliate Network.
- Authorization for the Affiliate Program requiring additional MyLead authorization is carried out after the Publisher sends the application to the Affiliate Program via the Affiliate Program Network.
- Commencement of the Publisher’s participation in a given Affiliate Program is tantamount to the Publisher’s acceptance of the rules and requirements for this Affiliate Program.
- If the Publisher wishes to send a mailing as part of the Affiliate Program, the Publisher is absolutely required to obtain MyLead’s consent for such mailing. The condition for obtaining that consent is confirmation in the Affiliate Program Network, before collecting advertising creations for mailing, having the consent of the mailing recipients to receive commercial information and sending a test mailing to MyLead and obtaining its approval from MyLead.
- The terms and conditions of the Affiliate Program are available on the website of the MyLead affiliate network at www.mylead.global. MyLead will inform the Publisher about any change in the conditions via email.
- The Publisher being a member of the Affiliate Program undertakes to comply with all the rules and obligations regarding the affiliate program in which he/she actively participates, in particular the provisions relating to the content of the Publisher’s website, proprietary copyrights and protection rights of third parties’ trademarks.
- Each change of the content of the contract concluded by MyLead with the Publisher requires the consent of the Publisher. Lack of the consent in question results in the termination of the contract, which results in the Publisher being removed from activities related to participation in affiliate programs of the MyLead network.
- The participation of the Publisher in the Partner Program does not create an agreement between the Publisher and the Advertiser. The Publisher undertakes not to conclude, during the term of the contract with the Administrator and for a period of 1 year from the termination of the contract with the Administrator, contracts or agreements with Advertisers without the Administrator’s written consent, under pain of a contractual penalty of PLN 5,000 net for each contract or agreement concluded contrary to the provisions of this paragraph, due immediately upon request by the Administrator. Direct cooperation of Publishers and Advertisers is allowed after prior written arrangements of all parties with the Advertiser.
- The User is prohibited from submitting unlawful content, in particular, content that violates the personal rights of third parties, incites hatred (e.g. on a racial, ethnic or religious basis), violates generally accepted social norms, and is prohibited from taking any actions that could cause any disruptions or overload of MyLead’s IT systems or other entities that participate directly or indirectly in the provision of electronic services, including in particular bypassing security measures, installing malicious software, posting content in places not intended for this.
- The Administrator is not responsible for any incorrect operation of Affiliate Programs of individual Advertisers.
§5 Rights and obligations of the Administrator (MyLead), Publisher/User
- MyLead is obliged to actively monitor and record traffic between the Publisher’s Traffic Source and the Advertiser’s landing page. Based on the registered effects, MyLead will calculate the remuneration due to the Publisher for the rental of advertising space intended for the advertising campaign of a given Advertiser’s affiliate program.
- MyLead provides Publishers with the opportunity to apply to all Affiliate Programs published on the Website. MyLead provides Publishers via email with information about new Affiliate Programs and about updates of operating programs (all Advertiser’s news and promotions).
- MyLead undertakes to conduct reliable results of the Publishers of the affiliate program and to prepare periodic balance sheets and subsequent settlements with the Publishers.
- The Administrator is not responsible for the content posted by Users (Publishers), in particular for their compliance with the law, substantive value, content and form, as well as for their truthfulness and reliability. Each User (Publisher) places files, entries or comments solely at their own risk and is responsible for any violation of third party rights, copyrights, personal rights or property rights, rights to image, or the principles of fair competition.
- In the event of suspected violation of the law, violation of these Regulations or personal rights of other people, the Administrator, taking into account the content of para. 4 above, reserves the right to remove and block entries, remove the Publisher from a given Affiliate Program, or remove or block User’s (Publisher) account responsible for the infringement, as well as delete and modify files posted by Publishers on the Website without giving any reason. The Administrator has the right to transfer the content of the Website to other services supporting the Portal, without giving a reason, for technical reasons, in order to properly provide services.
- Users of the MyLead.global platform are prohibited from expressing and publishing materials:
- violating the personal rights of other people and violating good manners,
- containing vulgar or offensive content, offending religious feelings of other people, as well as insulting the object of religious worship,
- with pornopraphic conteent, including the dissemination of pornography, of an erotic basis or inducing to prostitution,
- violating Polish or international law, moral standards, supporting radical social attitudes, or promoting such views (racial, ethnic, sex, religion, etc. discrimination), directed against a specific natural or legal person,
- constituting political agitation or an attempt to impose their views on other people using the Portal,
- containing words commonly considered offensive, promoting alcohol, intoxicating or psychotropic substances, drugs, as well as xenophobic, racist comments,
- inciting to violate the law, promoting violence or inciting aggression,
- attacking other Publishers (Users) containing false information.
- Sending an email by MyLead via the communicator in the Publisher’s panel to the address provided by the Publisher in the panel, means its effective delivery to the Publisher.
- The Publisher may not transfer its rights or obligations under the Agreement in whole or in part to a third party without the prior consent of MyLead expressed in writing.
- The Publisher undertakes not to generate or contribute to the generation of Fake Traffic to the Target Pages in any way.
- The Publisher has the right to recruit other Publishers to cooperate with Mylead. For the acquisition of a new Publisher who registered as a MyLead Publisher and who will be authorized, the Publisher will be entitled to commission fees, on the terms set out in the Affiliate Program.
- The Publisher is obliged to immediately remove the Advertising Creations from the Publisher’s Pages for all suspended or terminated Affiliate Programs.
- The Publisher is obliged to maintain the IT facilities necessary to implement the plans in accordance with the provisions of these Regulations and the contract concluded with MyLead.
- The Publisher undertakes to conduct dair cooperation with MyLead and not to use illegal software and other devices used to generate fake traffic on its website.
- The Publisher undertakes not to remove the footer information about fees and ways to enable and disable the service. This applies to affiliate programs in the SMS and IVR model and some programs in the CPA model. The Publisher’s account who does so will be blocked in order to avoid legal violations.
- The Publisher is obliged to immediately notify the Administration about the change in the legal form of the business, about ceasing to conduct it, about deregistering as a VAT taxpayer.
- The Administrator also provides for the possibility of joining the Affiliate Program through other networks (Network-Publisher), which will act as Publishers (they will continue to rent advertising space that the Network-Publisher rents from its own Publishers), and to which the Regulations concerning the Publishers will be properly applied.
- The Administrator and Advertises have the right to see Traffic Sources of another network appearing in the Affiliate Program as the Publisher, and this network is obliged to disclose the Traffic Sources of its Publishers from whom it has rented advertising space for the purposes of the campaign under the Affiliate Program, within 1 business day for each call.
- The Network-Publisher is obliged, at the Administrator's request, to remove the indicated advertising materials from its network, including blocking the Publisher from whom it rents the advertising space while participating in the Affiliate Program.
- Failure to comply with obligations listed in par. 17 and 18 may lead to the Administrator blocking the Network-Publisher’s account and withholding payments.
§6 Cooperation between Publishers and Advertisers
- The Advertiser (personally or through the Administrator, acting on their behalf, on the basis of the guidelines provided by the Advertiser) accepts the Publisher to their Affiliate Program by previously verifying the Publisher’s profile, which was created by the Publisher during the registration on the platform www.mylead.global.
- The Publisher, after being accepted by the Advertiser, has the right to use all the functionalities of the website that help in achieving the best results from the rented advertising space, in particular, has the right to place widgets, banners, links on their Website and use any available xml files in the purpose of the Advertiser’s promotion.
- When using the “Affiliate Link” program, the Publisher is obliged to follow the rules of the Publisher’s Code of Ethics, with particular emphasis on not using spamming in their practices.
- The Advertiser is entitled to conduct Leads Validation - checking them for correctness, meeting the conditions of the Program and whether they are not obtained in a manner contrary to the law or the content of these Regulations. Only after performing the Validation, which may take up to several months, the status of a given Lead is changed to Pending Acceptance/Accepted/Withdrawal/Rejected, respectively. Only Leads with the Withdrawal status are billed. However, in the event that subsequent verification leads to the conclusion that the Lead concerned should be treated as Fraud, its status may change, which may lead to a refund of already paid funds. The condition for rejecting a lead may also be the fact that it turns out to be the so-called cold lead, described in §2.
- By sending messages via email, the Publisher undertakes to comply with the prohibition of unsolicited advertising (“spam”). Therefore, it is imperative to obtain the consent of each recipient before sending the email; upon MyLead’s request, the Publisher undertakes to provide evidence of such consent.
- The Publisher may not use keywords containing legally protected terms, in particular such as trademarks of the Advertiser or the Advertiser’s competitors without their consent (“Brand bidding”) or direct traffic from domains that are deliberately misleading (for example, “ebey.com”), unless the Advertiser explicitly allows such a move.
- The Publisher undertakes to:
- cooperation with MyLead only for the benefit of Advertisers who rent advertising space,
- not using Affiliate Links in a way that may reduce the functionality of the Advertiser’s Website,
- providing current, complete and competent information about the Advertiser to End Users,
- present all information about the Advertiser’s offer in a manner that is not misleading, duplicate the Advertiser’s materials faithfully and accurately,
- taking care of up-to-date advertising in the rented space, in accordance with the Advertiser’s guidelines.
- Any form of inappropriate conditions of a given campaign, in particular inconsistent with the regulations, the Publisher’s Code of Ethics or the law of using the shared applications, may lead to the blockade of the Publisher’s account.
- The Publisher has the option of using the MyLead mobile application for Android and iOS (available in Google Play and App Store), which connects to the Publisher’s account on the Portal and allows him/her to track statistics and preview the dashboard view, list of partner programs, news and use of the public chat. Using the application is not necessary to participate in the Affiliate Program, and to use it, it is necessary to accept its separate regulations.
- The Publisher can also use the plug-in for the Google Chrome browser, which is available for free and enables viewing the list of partner programs, banner and email creations, account statistics and coupons.
- The participation in some campaigns can be depended on signing a separate contract with the Publisher. The contract will regulate such elements as the rate, duration or conditions of the campaign. The conclusion of such an agreement will not be considered a breach of the provisions of §4 sec. 9 of this Agreement.
- MyLead reserves the right to disable the Affiliate Program at any time and enable automatic redirection to another affiliate program for redirection. The Publisher has no control over the Affiliate Program for which redirection is enabled. The Publisher is entitled to remuneration for the leads obtained from the affiliate program, to which the referral was made. The amount of leads is the same as in the case of a affiliate program’s replacement promotion, except for redirection.
§7 Remuneration for Publishers
- The terms and conditions of the Publisher’s remuneration for the rental of advertising space may vary depending on the billing model and rates in individual Affiliate Programs and are available to each Publisher - on the Website of a give Affiliate Program, simultaneously functioning as part of the contract concluded between the Administrator and the Publisher.
- The Advertiser sets the terms of the Affiliate Programs. When verifying the transactions generated by the Publishers, the Advertiser has the right to use the “last click wins” model, i.e. to reward only the Publisher in whose channel the last click leads the Internet user to finalize the transaction. Advertisers have the right to change the terms of the Affiliate Program, about which the Publisher will be informed each time via the Portal.
- The terms of the Publisher’ remuneration for the rental of advertising space are determined through MyLead monitoring.
- The Publisher’s remuneration is the amount due, increased by the tax on goods and services at the appropriate rate, if the Publisher is a VAT payer. In the case of natural persons who do not conduct business activity, the Administrator is not an advance payer for the Publisher’s income tax, because the Publisher is obliged to individually settle the tax on rental income (in accordance with the interpretation of the Minister of Finance of September 5, 2014 No DD2/033/55/KBF/14/RD-75000).
- The Publisher has constant online access to sales statistics, detailing commissions: to pay, accepted, pending and rejected. The amount due to the Publisher will be shown individually to each Publisher in the appropriate section, available to see by the Publisher after logging in to the Publisher’s panel on the MyLead Website.
- Payment of the due remuneration of the Publisher is made on the basis of bills, invoices or other documents issued by the Publisher, to a bank account, ewallet or online payment system, described in point §7, 4, if the amount of funds accumulated in the Publisher’s Panel is at least PLN 50 (in the case of an amount established in Poland) or USD 20 (in case of an amount established outside of Poland). In the event of termination of cooperation, the Publisher has the right to pay out all accumulated funds. Certain payment methods may require a commission to be deducted from the Publisher’s balance. This information can be found in Publisher's panel when withdrawing funds. There are also exceptions to the minimum amount payable using certain delivery methods to the Publisher. They are described here. By accepting the Regulations, Publishers are obliged to read the tab regularly in order to be up to date.
- The Publisher can also obtain a payment of funds using the self-billing mechanism. For this purpose, he/she must choose this form of settlement via the Panel and undertake not to issue invoices for settlements with the Administrator.
- Accrued remuneration for accepted transactions that have passed the status “Available to pay” are paid at the request of the Publisher at any time after exceeding the minimum amount, and the payment deadline is 14 business days. The payout period may be extended in the event of the need to verify traffic or random situations for which the Administrator is not responsible (force majeure).
- The condition for the payment of the funds to the Publisher with the “Available to pay” status is the payment by the Advertiser to the MyLead bank account.
- In a situation in which the Publisher’s funds are paid put by mistake or before their transfer by the Advertiser, and after subsequent verification it turns out that the Leads beng the basis for the payment will be rejected by the Advertiser, the Publisher is obliged to return them to the Administrator within 7 days from the date of receiving the request in the written or electronic form. After this deadline, the Administrator will be entitled to charge statutory interest for the delay.
- If the Advertiser pays the Commission in a foreign currency, the Publisher will be paid by the Administrator in the same currency if the Publisher provides the details of a bank account, ewallet or internet payment system, described in point §7, 4, allowing the payment in this currency. Otherwise, the cost of converting the Commission into Publisher’s currency from the currency in which The Advertiser pays it to the Administrator, or the related losses due to currency fluctuations, shall be borne by the Publisher, and the Commission paid to him/her by the Administrator is reduced accordingly.
- In the event of a justified suspicion that the Commission was obtained as a result of actions violating the law or the provisions of these Regulations, the Administrator may deduct it from the Publisher’s account - both from the funds there and the future (negative balance).
- The Publisher agrees that the Administrator may deduct the claims from the funds on the Publisher’s account on the Portal.
§8 Dissolution of a Contract and its duration
- The Agreement concluded between the Publisher and MyLead comes into force upon the Publisher’s approval of these Regulations and the Publisher's completion of the full registration process leading to the approval of the Publisher’s status. The contract is concluded for an indefinite period.
- Each Publisher has the right to terminate the contract concluded with MyLead at any time of cooperation, with immediate effect. Termination of the contract is tantamount to the cessation of all advertising activities with partner programs located on the MyLead affiliate network platform.
- MyLead has the right to terminate the contract with the Publisher immediately, in particular in the event of a breach of the provisions of these Regulations, and also:
- When an advertising campaign is carried out by the Publisher, the activity of illegal software generating Fake Traffic on the website is detected;
- When the Publisher’s Traffic Source fails to generate any traffic for a period exceeding one calendar year;
- When a Publisher is acting inappropriately by trying to generate or by generating Fake Traffic to the Landing Pages.
- MyLead has the right to terminate the contract with the Publisher with 14-day notice period.
- MyLead is obliged to inform the Publisher about the termination or dissolution of the contract by email or via the Website.
- The Advertiser is entitled to refuse the Publisher’s participation in a given Affiliate Program at any time, without giving reason.
- MyLead will make every effort to ensure the correct and uninterrupted use of the Portal.
- Any disruption occurring during the use of the Portal and related to its functioning may be the subject of a complaint submitted by the User (Publisher). Complaints should be submitted to the following address: [email protected] Other comments and problems related to the services provided in the scope of the Portal’s activities are also subject to reporting.
- Complaints will be considered on an ongoing basis, but not later than within 14 days from the date from the date of their submission by the User (Publisher). The Portal’s Administrator reserves the right to leave the complaint unanswered if it concerns reservations caused by unfamiliarity with the Regulations or failure by the User (Publisher) to follow the instructions provided to him/her for the proper provision of services or use of the Portal.
- In order to diagnose irregularities in the functioning of the Portal’s services, the Administrator reserves the right to interfere with the technical structure of the User’s (Publisher’s) account.
- A response to the complaint will be sent to the email account provided by the User (Publisher) during registration on the Portal.
§10 Final provisions
- In matters not covered by the Regulations, the provisions of the Civil Code and the Act on the provision of electronic services shall apply in particular.
- Any changes to these Regulations will be made known to the Users (Publishers) by sending information to the account on the Interface and announced on the Portal. The User (Publisher) may object to them in the form of an email or by filling in the contact form. As a consequence of expressing an objection to the content of the Regulations, the User’s (Publisher’s) account will be deleted not earlier than within 14 days from the date of receipt of the objection from the User or the Publisher. Continuing the usage of the Portal after the changes are deemed to be acceptance of the changes to the Regulations.
- Any disputes arising during the cooperation between MyLead and the User (Publisher) will be settled amicably by the parties. In the absence of an amicable settlement, the court competent to settle any disputes will be the court competent for the Administrator’s headquarters.
- The Administrator is entitled to provide a copy of these Regulations to the tax authorities in order to document the self-billing arrangements between MyLead and the Publisher.
- The Regulations come into force on January 20, 2021.
Attachment 2: Publisher’s Code of Ethics
Publisher’s Code of Ethics
- The Publisher places the Advertiser’s links and advertisements on websites to promote the Advertiser.
- The Publisher undertakes to act only in favour of the Advertiser, and to advertise the Advertiser’s offers with dignity.
- Under no circumstances may the Publisher:
- post offers on websites that contain images or content that is in any way: obscene, pornographic (this does not apply to campaigns in the 18+ category), threatening, offensive, illegal, hateful, harmful, harassing, racist, discriminatory or otherwise in any was infringing any copyright or intellectual property rights;
- use unauthorized techniques to promote your own website, i.e. Black Hat SEO;
- generate fake traffic by using traffic worms, automatic clickers;
- send, replace or overwrite cookies;
- organize mailings that may be considered “spam” to send email messages to recipient who has not consented to receiving the message in advance;
- overload the MyLead system with fake queries;
- use prohibited keywords specified by Advertisers in the Terms and Conditions of the Affiliate Program;
- use brand bidding in affiliate programs that prohibit it;
- use any other actions that are intended to contribute directly to an unfair increase in the Publisher’s remuneration.
- The Publisher undertakes to maintain personal culture in contact with the employees of Lead Investments Ltd., Advertisers and other partners related to Lead Investments Ltd. and/or other users using the MyLead platform
- The Publisher will not use words commonly considered offensive in contact with the company's employees, Advertisers and other partners related to Lead Investments Ltd. and/or other users using the MyLead platform; also will not use offensive terms (including threats) in relation to the above-mentioned persons using any means of communication (via telephone, email, Skype, Telegram, Gadu-Gadu, Whatsapp, Discord server, live chat, using the system private messages on the MyLead platform or public chat system)
- Failure to comply with the rules of personal culture may result in limiting access to some functions of the MyLead platform or blocking access to the account on the MyLead platform
- It is the Publisher’s responsibility to follow good advertising practices.
- This Code is an integral part of the Agreement between the Publisher and MyLead. Breaching any point of the Regulations of Cooperation or the Code of Ethic is the basis for termination of the contract with immediate effect.