Terms of use

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

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

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

Creators are entities that publish Referral Links on specified Social Media accounts.

Admitad ConvertSocial is an online platform at the domain convertsocial.admitad.com, which enables users of various social media channels (hereinafter referred to as “Creators”) to create product links for recommendations (“Referral Links”) via the Admitad ConvertSocial Link Generator and 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 Admitad ConvertSocial’s services and platform, Creators must register on the website at the domain convertsocial.admitad.com. The registration is carried out using the Creator’s email address, a self-created password, and a username.

1.2.By submitting the registration form, the Creator acknowledges these Terms and accepts the Agreement (Offer) for their participation in Admitad 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 Admitad ConvertSocial and Сreators.  These Terms regulate the use of the services at the domain www.convertsocial.admitad.com and the use of other services of Admitad ConvertSocial.

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

1.7. Creators with non-publicly visible social media accounts or empty accounts are not eligible to use Admitad ConvertSocial. A claim to participation in the Admitad ConvertSocial platform’s services does not exist. Admitad ConvertSocial reserves the right to exclude Creators from use of the platform.

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

1.9. After completing the registration process and activating his/her account, the Creator may use the Admitad ConvertSocial’s services. The Creator may change the data provided upon registration in his/her account except for his/her username.

1.10. These Terms shall prevail over any terms provided by the Creator.

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

2. The Subject of the Agreement

2.1. Admitad ConvertSocial provides the ability to use and operate Admitad ConvertSocial on the domain www.convertsocial.admitad.com. Admitad ConvertSocial participants are Brands, Creators, and Admitad ConvertSocial. Creators are individuals or legal entities that provide space for advertisements on their Social Media.

2.2. The Creator shall place the Brand’s Referral Links on their declared Social Media. 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.

2.3. Admitad 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; Admitad ConvertSocial has no control over this.

2.4. Admitad ConvertSocial constantly develops and improves its services. To this end, Admitad 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.

2.5. In order to use the Admitad 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, Admitad ConvertSocial shall not be liable for the resulting costs or any possible damages and/or interference.

2.6.  Admitad 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 Admitad ConvertSocial’s Activities

3.1. All Social Media accounts that comply with applicable laws and regulations of these Terms and  Admitad ConvertSocial’s Privacy Policy and have been approved by Admitad ConvertSocial moderators may participate in Admitad ConvertSocial.

3.2. Social Media accounts under construction are not allowed to participate. It is also forbidden to buy traffic in Active Advertising Systems (CAP, WmMail, Seosprint, etc.), Buxes, and/or similar systems.

3.3. The Creator must register an account on Admitad ConvertSocial and agree to Admitad ConvertSocial’s rules.

The Creator must provide Admitad 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.

Admitad ConvertSocial reserves the right to deny the Creator the ability to participate in Admitad ConvertSocial if the Creator has violated the Terms. 

3.4. Only Admitad ConvertSocial shall make the decision to admit a Creator to the partnership. The Creator does not have a legal basis for obtaining such admission in the event of a decision to the contrary.

3.5. Admitad ConvertSocial reserves the right to request data regarding the traffic source and access the statistics of the Social Media account while limiting the Creator’s participation in Admitad ConvertSocial. In this case, the Creator must provide the requested data within 14 days. In the event of failure to do so, Admitad 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).

3.6. Admitad ConvertSocial shall 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 Admitad ConvertSocial. The Creator’s refusal to provide data shall be considered a refusal to participate in Admitad ConvertSocial.

4. Rights and Liabilities of the Creator

4.1. The Creator is obliged to strictly follow these Terms and to ensure that the data provided by him/her to Admitad 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.

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

4.3. The 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).

4.4. 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 current 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. 

4.5. The Creator agrees not to take any action that affects the operation of Admitad ConvertSocial. Such actions include attempts to technically influence the performance of the Admitad 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 Admitad ConvertSocial.

4.6. The Creator may have only one account, i.e., one account per individual or one account per legal entity may be created. If an individual performs official duties on the staff or for a legal entity that has an account on Admitad ConvertSocial, said person is prohibited from creating a personal account as an individual to perform their official duties for the legal entity.

4.7. The Creator undertakes to familiarize him/herself with and execute the Terms and refer to them during the entire period that the Creator places Referral Links. The Creator agrees that if he/she fails to perform this duty, his/her access to Admitad ConvertSocial may be suspended. If Admitad ConvertSocial or a Brand suffers losses caused by the Creator’s violation of the Terms, the relevant amount will be deducted from the Creator’s account. In the absence of funds on the Creator’s account, the Creator undertakes to reimburse such losses at the request of Admitad ConvertSocial within 10 (ten) days.

4.8. At the request of Admitad ConvertSocial or the Brand, the Creator undertakes to check the Traffic Source and provide all requested files, documents, etc. Otherwise, the Creator’s access to Admitad ConvertSocial may be blocked, and appropriate sanctions may be applied.

4.9. The 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 Admitad 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.

4.10. The Creator agrees to provide Admitad ConvertSocial with any requested documents necessary to confirm information about the Creator.

4.11. The Creator is notified of and agrees to Admitad ConvertSocial’s right to pay the Creator a reward only after the Brand wires payment for the provided services to Admitad ConvertSocial’s settlement account.

4.12.  The Creator attests that he/she has provided true and complete information at registration. Should this not be the case, Admitad ConvertSocial reserves the right to refuse Creators use of the platform.

4.13. The Creator is not authorized to share his/her access data and/or passwords with third parties. Should third parties gain access to a Creator’s Admitad ConvertSocial account or misuse is suspected, the Creator is requested to contact Admitad ConvertSocial immediately in order to have the Creator’s data changed.

4.14. The Creator is obliged to refrain from everything that endangers or disturbs the operation and functioning of Admitad ConvertSocial and the prosperous cooperation.

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

5. Admitad 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. 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 promotional materials, including a Brand’s wordmark, to promote the website of another Brand

5.6. Using any cookie stuffing technology and/or types of cookie stuffing (cookie dropping). It is prohibited to use scripts that set cookies of websites that the user did not visit in the user’s browser. It is also prohibited to rearrange, substitute, or overwrite the user’s cookies with others that do not belong to the websites that the user visited, as well as to substitute cookies using pop-ups, iframe, or by inserting the URL of a third-party page as a picture on an existing website.

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 Admitad 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 social media accounts not owned by the Creator

5.12. 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.

5.13. 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. 

5.14. Publishing, reproducing, making publicly available, and/or distributing content protected by law (e.g., by copyright, trademark, patent, design, and/or utility model law) without being entitled to do so

5.15. If there are indications of violations of these Terms, Admitad ConvertSocial is entitled to delete the Creator’s account and block him/her from any further use of the Admitad ConvertSocial platform. In addition, Admitad 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.

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

5.17. If the violations described above are detected, the Creator’s account shall be immediately blocked, and all earnings earned as a result of a violation(s) shall be transferred to the Brand. The Creator shall be notified of the decision by the Admitad ConvertSocial’s administration. After the Creator’s account has been blocked, he/she will be unable to create another one.

6. Payment for the Creator’s Services

6.1. The Creator shall receive from Admitad 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 Admitad 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 Admitad ConvertSocial, even if these costs are related to their advertising activities within Admitad 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 Admitad ConvertSocial’s tracking means
  • The Target Action was authorized for calculation by the Brand and confirmed by Admitad ConvertSocial
  • The relevant Brand has paid Admitad 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. Admitad 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, Admitad 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. Admitad 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.

7. Timeframe 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 Admitad ConvertSocial Creator can be managed, changed, or deleted by the Creator in his/her account. The Creator may have his/her Admitad ConvertSocial user account deleted at any time without disclosing the reason(s) by sending an email to support-convertsocial@admitad.com except as otherwise specified in clause 5.9. hereof.

7.4. Admitad shall have the right to block a Creator’s account in the following cases:

  • The Creator has violated participating Terms.

7.5. In case of termination due to violations of these Terms by the Creator, he/she shall pay the debt (if any) and the penalty specified in these Terms.

8. Protection of Personal Data 

8.1. Admitad 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 Admitad ConvertSocial.

8.2. The Creator agrees to comply with all laws, rules, policies, and confidentiality provisions effective in the regions where the services are provided.

8.3. The Creator undertakes to comply with all laws, including the GDPR and EU privacy laws, and perform the following actions:

  • 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

8.4. The Creator undertakes not to take any actions that may lead Admitad ConvertSocial to a breach of the current Data Regulations Law.

8.5. Admitad ConvertSocial and the Creator undertake to comply with data protection laws.

Depending on the jurisdiction, the Creator may be obliged to inform visitors to his/her website about cookies used on the website, including those placed by Admitad ConvertSocial (“third-party cookies”) and other online identifiers. The Creator must explain what cookies he/she and/or third parties set in the user’s browser and for what purposes this information is collected. Also, the Creator undertakes to obtain preliminary, freely presented, specific and informed, unambiguous, and revocable consent from users before setting any cookies in their browsers. The consent should also apply to the cookies set by Admitad ConvertSocial after performing a certain action (e.g., a click). 

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 Admitad ConvertSocial’s system when receiving or providing services in accordance with these Terms

9.3. When deleting the Creator’s account, Admitad 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 Admitad ConvertSocial is allowed to be used exclusively with Admitad ConvertSocial. Transfer thereof to third parties and use for other purposes are prohibited. 

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

10.3. Admitad 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 Admitad 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.

10.5. In case of violation of these rights of use, Admitad ConvertSocial reserves the right to use other remedies, except for the termination of the Agreement. If, as the result of violations by the Creator, a third party initiates an administrative case or any other lawsuit against Admitad ConvertSocial, all litigation costs and other related costs shall be completely paid by the Creator at fault.

11. Liability and Limitations Thereof

11.1. Admitad 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 Admitad ConvertSocial, or for damage caused by insufficient availability or the limited functionality of the Internet.

11.2. According to the applicable regulations, Admitad ConvertSocial shall be liable for intentional and grossly negligent acts. If Admitad ConvertSocial is found to be liable for damage caused by slight negligence according to legal regulations, Admitad ConvertSocial’s liability shall be limited: in this case, Admitad ConvertSocial shall only be liable in the event of a breach of material contractual obligations (these are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Creator regularly relies and/or may rely). Furthermore, this liability shall be limited to typical damage foreseeable at the time the contract was concluded.

11.3. The liability under clause 11.2 shall be limited to the compensation of actual damage, which shall be determined by the participants or a court decision.

11.4. The above limitations of liability do not apply in the case of mandatory legal liability and do not limit or exclude Admitad ConvertSocial’s liability in the event of harm to life or health.

11.5. The Creator shall indemnify, defend, and hold harmless Admitad 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 Admitad 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. Admitad ConvertSocial reserves the right to change the provisions of these Terms at any time. A notification of changes can 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 Admitad 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 Admitad 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 Admitad 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.