Terms of use

Takeads GmbH (hereinafter “ConvertSocial”), registered at Heinz-Nixdorf-Str 6, 74172 Neckarsulm, Germany, manages ConvertSocial at https://convertsocial.net/ and provides Creators with the opportunity to work with ConvertSocial Brands’ Affiliate Programs. To use ConvertSocial, the Creator agrees to unconditionally comply with these Terms of Use (hereinafter the “Terms”).

The participants of ConvertSocial are Brands, Creators, and ConvertSocial.

Brands are entities that define the terms of Affiliate Programs and provide opportunities for advertising their own or their partners’ goods and services through Referral Links. 

Creators are individuals or legal entities that provide space for advertisements on their Social Media.

ConvertSocial is an online platform at the domain https://convertsocial.net/, which grants you access to and use of the services offered by ConvertSocial, enable users of various social media channels (hereinafter referred to as “Creators”) create product links for recommendations (“Referral Links”) via the ConvertSocial Link Generator or our desktop extension ConvertSocial Extension to publish them in social media channels. These product links can be clicked on and used by interested parties to obtain product information and make purchases.

1. General Provisions

1.1. In order to use ConvertSocial’s services and platform, Creators must register on the website at the domain https://convertsocial.net/. Registration is carried out using the Creator’s email address, a self-created password, username and social media account (in any Social Media) of the Creator. After completing the registration process and activating his/her account, the Creator may use the ConvertSocial’s services. The Creator may change the data provided upon registration in his/her account except for his/her username.

1.2. By submitting the registration form, the Creator acknowledges these Terms and accepts the Agreement (Offer) for their participation in ConvertSocial.

1.3. The Creator agrees to create only one account.

1.4. Registration is available to persons aged 18 and up. 

1.5. These Terms are part of the contractual agreements between ConvertSocial and Сreators.  These Terms regulate the use of the services at the domain https://convertsocial.net/ and the use of other services of ConvertSocial.

1.6.  Use of ConvertSocial is always free of charge for Creators. There is no obligation to use ConvertSocial. Furthermore, every Creator is free to decide at any time whether, when, and to what extent he/she wants to be active on ConvertSocial or whether he/she wants to discontinue his/her activity.

1.7. The Creator’s participation in ConvertSocial does not create any contract between the Creator and any Brand.

2. The Subject of the Agreement

2.1. The Creator shall place the Brand’s Referral Links only on their declared Social Media, specified during registration in the “My Social Media” section. When a user arrives at the Brand’s website through the Referral Links placed on the Creator’s Social Media account and makes a Target Action that ends with payment, the Creator’s advertisement shall be considered successful, and the Creator shall receive a pre-agreed reward. A “Target Action” means an action that gives the Creator the right to receive the reward. This can include actions such as buying goods, ordering and/or purchasing services, registering, subscribing to newsletters, etc.

2.2. ConvertSocial tracks and logs all Target Actions, provides the Creator with information to that effect, and calculates the amount of rewards. The Brand shall make the final decision on whether or not the Target Action actually took place. The Brand shall determine whether a Target Action has occurred subject to the terms of the particular Affiliate Program; ConvertSocial has no control over this.

2.3. ConvertSocial constantly develops and improves its services. To this end, ConvertSocial reserves the right to temporarily suspend the provision of any services, in whole or in part, if doing so is necessary for the performance of maintenance works, improvement of the services’ functions, or change of the service(s) provided.

2.4. In order to use the ConvertSocial’s services, the use of certain technical means and software packages, telecommunication networks, and services of third-party organizations is required.  Subject to clause 11, ConvertSocial shall not be liable for the resulting costs or any possible damages and/or interference.

2.5.  ConvertSocial shall have the right to suspend payments to the Creator in the event of an objective suspicion of a violation of these Terms, as well as to verify the Creator’s specified data and/or the Creator’s traffic quality.

3. Participation in ConvertSocial’s Activities

3.1. All Social Media accounts that comply with applicable laws and regulations of these Terms and  ConvertSocial’s Privacy Policy and have been approved by ConvertSocial moderators may participate in ConvertSocial. ConvertSocial reserves the right to exclude Creators from use of the platform at any time.

The Creator must provide ConvertSocial with all information about his/her Social Media account.

Once the Social Media account is activated, the Creator can get and use Referral Links for his/her Social Media account.

3.2. The Creator is obliged to strictly follow these Terms and to ensure that the data provided by him/her to ConvertSocial by any means, including the registration form, are complete and true. If any of these data are changed, the Creator shall, within 5 days from the date of the change, make the relevant changes in his/her personal account.

3.3. The Creator undertakes to securely store his/her data (username and password) for access to ConvertSocial and not allow the transfer thereof to third parties. The Creator is solely responsible for the security of his/her username and password.

3.4. Creator must have the right(s) to conduct marketing activities on his/her specified Social Media account(s). The Creator shall bear any and all legal and property liability for what happens on their Social Media account(s).

3.5. When using Referral Links on a Social Media, the Creator undertakes not to violate the rights of third-party rightsholders to the trademark, brand, personal rights, and/or other rights without the permission of the rightsholders in accordance with applicable law. The Creator agrees not to use content on his/her Social Media that violates applicable laws or leads to pages that violate applicable laws. 

3.6. Creator agrees not to take any action that affects the operation of ConvertSocial. Such actions include attempts to technically influence the performance of the ConvertSocial’s servers; to hack security mechanisms; to use viruses, trojans, and/or other malicious programs for any purpose. This shall also include brute force attacks, DoS (DDoS) attacks, spam, the use of links, and/or any other processes that may damage the operation of ConvertSocial.

3.7. Creator undertakes to update Affiliate Links promptly and to monitor the condition of the links. Affiliate Links can become broken in the following cases: 

• The Brand has suspended their work or no longer works with ConvertSocial.
• The Creator’s Social Media account was removed or blocked.
• The Affiliate Program’s action limit was exceeded.
• The deeplink created by the Creator leads to a non-existent page, or the Affiliate Program does not support the generation of Affiliate Links using the Deeplink feature.

ConvertSocial reserves the right to set the compensation for incorrectly used Affiliate Links to zero.

3.8. Creator shall ensure compliance with all applicable laws on their own including sanctions in relevant jurisdictions.

4. Transparency

4.1. ConvertSocial is entitled to request and Creator shall provide all necessary information as to the Affiliate Programmes placed on his/her Social Media including the statistics and corresponding URLs and unique IDs of final users or their anonymized analogues (whichever shall be in line with the applicable laws). In this case, the Creator must provide the requested data within 7 days. In the event of failure to do so, ConvertSocial reserves the right to stop displaying advertisements on the Creator’s Social Media account(s) and/or to take other measures to protect the interests of the Brands whose advertisements are displayed on the Creator’s Social Media account(s).

4.2. ConvertSocial shall also have the right to request from the Creator documents and data necessary (and if applicable) to confirm the validity of information about the Creator, including but not limited to his/her name, date of birth, address, tax number, and banking details. By accepting these Terms, the Creator agrees that he/she will consciously and with unequivocal consent provide data to ConvertSocial. The Creator’s refusal to provide data shall be considered a refusal to participate in ConvertSocial.

5. ConvertSocial prohibits the following activities:

5.1. Performing Target Actions by methods or means that violate current law, the Agreement, or the Terms.

5.2. Simulating Target Actions by entering knowingly incorrect and/or non-existent data or someone else’s data unbeknownst to their owner when ordering goods or services by any means.

5.3. Using advertising methods that force a visitor to perform actions by deception, blackmail, or any other actions that violate the visitor’s freedom of choice.

5.4. Using the data of a Brand or a third party protected by a registered trademark, copyright, other legally registered rights of the holder for purposes other than those stated in these Terms, including using trademarks in keywords without the permission of the trademark owner. If the Creator uses a Brand’s trademark(s) and/or Referral Link(s) for purposes other than those specified in this Agreement, the Creator is fully liable for such placements in accordance with applicable law and undertakes to independently resolve all arising claims and/or disputes, including judicial ones, to settle all other disputable situations, including with state authorities and third parties (e.g., Brands).

5.5. Using any practice of bidding on branded terms or branded keywords of a third party through search engines marketing.

5.6. Using any cookie stuffing technology and/or types of cookie stuffing (cookie dropping). 

5.7. Registering and/or using domains similar to that of the Brands’ website(s) for promotion.

5.8. Using the registered Social Media account with a specific declared traffic source for attracting a different type of traffic.

5.9. Deleting an account in which the Creator has a negative balance and/or debt to ConvertSocial.

5.10. Offending common decency, making statements, or choosing a particular username that violates the religious feelings of others or are racist or discriminatory.

5.11. Using, posting, publishing, and/or linking to any insulting or defamatory content on any third-party website, whether or not such content affects other participants or other persons or companies.

5.12. Using, posting, or publishing content that is political, immoral, pornographic, morally reprehensible, offensive, violent, violence glorifying, sexist, and/or right-wing or left-wing extremist content or content that violates laws, in particular youth protection laws, and the Interstate Treaty on the Protection of Minors in the Media. It is also prohibited to link to corresponding material on a third-party website or to advertise, offer, or distribute pornographic products or products that violate laws, in particular youth protection laws. 

5.13. The following types of sites are forbidden:

– direct links to social networks without specifying a specific creator account

– links to accounts that do not belong to the creator

– empty accounts without content and followers

– closed profiles in social networks

– Coupon sites, cashback services, arbitrage systems, contextual advertising

– Unfinished sites or sites under development

– Sites whose content consists exclusively of banners

– Sites that use various methods of cheating clicks (motivated clicks, forced clicks)

– Sites whose domains are similar to the domains of popular sites

– Sites with lotteries or draws

5.14. With regard to ConvertSocial employees and employees of all Mitgo-affiliated companies only, registering as a Creator for the duration of their employment period.

6. Payment for the Creator’s Services

6.1. The Creator shall receive from ConvertSocial a reward that directly depends on the success of his/her advertising campaigns.

6.2. In each individual case, the average reward amount is determined by the type of paid Target Action and the rate set by the Brand for this Target Action that is effective at the time of performing said Target Action. The Brand has the right to change the rates, but the new rates do not apply to Target Actions already performed. The Creator may not demand a different rate for his/her Target Action. The Creator undertakes to familiarize him/herself with current rates in ConvertSocial’s interface. Submitting an application to join a program indicates the Creator’s agreement with the current proposed rates. The minimum withdrawal amount should equal or exceed 20 euros. An amount less than the minimum withdrawal amount will be paid to the Creator only if his/her account is deleted.

6.3. Except for the agreed reward, the Creator is not entitled to the reimbursement of costs incurred for bank transfers or the use of third-party services or programs not provided by ConvertSocial, even if these costs are related to their advertising activities within ConvertSocial.

6.4. The right to receive the reward may be exercised only if all the following conditions are met:

• The Creator’s advertising activity led to a Target Action being achieved between the Brand and the visitor
• The Target Action was registered by ConvertSocial’s tracking means
• The Target Action was authorized for calculation by the Brand and confirmed by ConvertSocial
• The relevant Brand has paid ConvertSocial for its services under its agreement with the Brand
• The reward amount equals or exceeds the minimum withdrawal amount
• The Creator did not violate the Terms described in clause 5

6.5. ConvertSocial maintains an internal settlement account for each Creator that is used to carry out all accrual and payment operations.

6.6. Each Party is solely and individually responsible for the payment and reporting of its own taxes in any jurisdiction concerned. If payments under these Terms are subject to applicable withholding tax, ConvertSocial shall be entitled to deduct the corresponding tax amount from the Creator’s reward.

6.7. The Creator undertakes full responsibility for the payment information provided and confirms that it is true, complete, and accurate. All payments will be made using this payment information. ConvertSocial is not obligated to take steps to verify the accuracy of payment information provided by the Creator.

6.8. The Creator shall immediately repay any amount paid to the Creator in error or other than in accordance with the Creator’s rights under this Agreement.

6.9. If in certain cases Creator receives advance payments from ConvertSocial at ConvertSocial discretion, for instance when the Brand confirms the relevant Target Actions but prior to making payment to ConvertSocial for its services as agreed between ConvertSocial and the Brand, and the Brand subsequently cancels the relevant Target Actions, ConvertSocial is entitled to withhold the relevant amount for the canceled Target Actions against the existing or future balance in the Creator’s account.

7. Term and Termination

7.1. These Terms are concluded for an indefinite period of time and start when the Сreator creates the account in accordance with clause 1.2.

7.2. The Parties may voluntarily terminate the Terms at any time.

7.3.  Any data transmitted in connection with the registration process as an ConvertSocial Creator can be managed, changed, or deleted by the Creator in his/her account. The Creator may have his/her ConvertSocial user account deleted at any time without disclosing the reason(s) by sending an email to welcome@convertsocial.net except as otherwise specified in clause 5.9. hereof.

7.4. ConvertSocial shall have the right to delete the Creator’s account and data from the system in the following cases:

• – The Creator has not logged in to their account for the last 350 days or
• – The Creator has not interacted with the ConvertSocial system outside the web interface (for example, through the ConvertSocial Extension) for the last 350 days.

After the expiration of the above-mentioned period, ConvertSocial shall notify the Creator that in case of inactivity and non-use of the account, ConvertSocial will delete the Creator’s account and data in 180 days from the date of notification, and the remaining funds will be written off in favor of ConvertSocial.

The Creator agrees and is notified that s/he has no right to restore the account or return the funds, after the expiration of the above Terms and the deletion of the account.

8 Protection of Personal Data  

8.1. ConvertSocial shall store and process only those data that were specified by the Creator in the registration form and in his/her personal account or that were obtained from the Creator during his/her participation in ConvertSocial.

8.2. The Creator undertakes to comply with all laws, including the GDPR and EU privacy laws, and perform the following actions if it is applicable:

• To inform end users about the use of tracking devices, cookie files, and other online identifiers
• To receive the consent of end users to place and collect cookie files and other online identifiers on their devices and to provide information on the possibility to refuse or delete files, if necessary
• To take appropriate technical and organizational measures against accidental loss and damage, as well as illegal processing of personal data

9. Confidentiality

9.1. Each Party undertakes to use the commercial information of the other Party, information about its business affairs and operations, trade secrets, know-how, and source code, or any information specifically marked as confidential, including all mentioned information of other Party’s counterparty or affiliate (hereinafter the “Confidential Information”) only for the performance of its rights and obligations hereunder. The Parties undertake not to disclose Confidential Information.

9.2. The following information shall not be considered confidential:

• Information which is or subsequently became publicly available without infringement of the Agreement by the Receiving Party
• Information which was legally obtained from a third party without restriction and without violation of this Agreement, and also without the non-disclosure obligations of the Receiving Party
• Information that cannot be designated as Confidential Information in accordance with applicable law
• Information published in ConvertSocial’s system when receiving or providing services in accordance with these Terms

9.3. When deleting the Creator’s account, ConvertSocial shall also delete all of the Creator’s personal data, except for the username and statistics data.

9.4. The provisions of Article 9 shall remain valid for 5 years from the termination of these Terms.

10. Rights to Use Information

10.1. The information obtained during participation in ConvertSocial is allowed to be used exclusively with ConvertSocial. Transfer thereof to third parties and use for other purposes are prohibited. 

10.2. ConvertSocial and the components thereof (products and applications) are protected by the current legislation in the field of copyright and related rights.

10.3. ConvertSocial provides Creators with the temporary, non-exclusive right to use the provided services and applications and the data contained therein exclusively within the framework of participation in ConvertSocial. In case of termination of the Agreement, this right loses its validity.

10.4. Other ways of using information are prohibited. The Creator is STRICTLY PROHIBITED from transferring, either wholly or partially, the rights to use the services, applications, and data granted to them to third parties, provide access to them, modify or otherwise process them, transfer them in other forms, or create their own databases or information services based on them.

11. Liability and Limitations Thereof

11.1. ConvertSocial shall not be liable for any damage or interference caused by the content of third-party web pages, software errors, or hardware of participants of ConvertSocial, or for damage caused by insufficient availability or the limited functionality of the Internet.

11.2. If there are indications of violations of these Terms, ConvertSocial is entitled to delete the Creator’s account and block him/her from any further use of the ConvertSocial platform. In addition, ConvertSocial reserves the right not to pay out any remuneration achieved prior to the deletion of the Creator’s account, as well as to report possible fraud. All earnings earned as a result of a violation(s) shall be transferred to the respective Brand. After the Creator’s account has been blocked, it will not be possible to create another one.

11.3. ConvertSocial shall have the right to suspend payments to the Creator in the event of an objective suspicion of a violation of these Terms, as well as to verify the Creator’s specified data and/or the Creator’s traffic quality.

11.4. The Creator shall indemnify, defend, and hold harmless ConvertSocial (including its directors, employees, agents, and/or contractors) from and/or against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by third parties against ConvertSocial arising out of or related in any way to any culpable breach by the Creator of any of the warranties of these rules, or the Creator’s gross negligence or willful misconduct.

12. Changes to these Terms

12.1. ConvertSocial reserves the right to change the provisions of these Terms at any time. A notification of changes may be sent by email two weeks before their entry into force. Subject to clause 11.2, the Creator shall be solely liable for familiarizing him/herself with the updated Terms.

12.2. The use of ConvertSocial by the Creator after changes are made to these Terms indicates the Creator’s consent to the changes and willingness to assume the obligations specified in the updated Terms. Disagreement with the changes in the Terms entails the termination of these Terms, as well as the termination of work with ConvertSocial.

13. Final Provisions

13.1. If certain provisions of these Terms become invalid in whole or in part, the validity of the remaining provisions shall not in any way be affected or impaired. The provision deemed invalid shall be considered replaced by the applicable provision under statutory law. If such a replacement were to constitute an undue hardship (unzumutbare Härte), the Terms as a whole would become invalid.

13.2. The rights and obligations resulting from these Terms may be transferred to a third party only with the consent of ConvertSocial.

13.3. In the event of a dispute that cannot be settled by the Parties in an amicable way, the District Court of Stuttgart (Landgericht Stuttgart) shall be the competent venue for resolving such dispute. 

13.4. These Terms shall be governed by the laws of the Federal Republic of Germany.