Agreement with the Webmaster
This Agreement (hereinafter to as “the Agreement”) shall regulate the relations between the Web-Master (hereinafter to as “the Partner”) and COMPANY (hereinafter to as “the Company”) subject to advertising, marketing or promotion of the Company`s Websites.
By logging onto the Site you accept the following agreement:
1. The Partner shall have an exclusive right to redirect, forward or send visitors or the visitors of his/her Website(s) to the Company`s Websites. The Partner shall not bear any obligation to perform such non-exclusive rights under this Agreement.
2. The Partner shall have limited, nonexclusive, nontransferable and revocable right for access, uploading and application of advertising banners, hyperlinks and other advertising materials, created by the Company to use at the Partner`s Website for exclusive purposes of advertising, marketing or promotion of Websites or services of the Company, provided via the Company`s Website.
3. The Partner shall remain the participant of the program unless:
- 3.1. The Partner terminates its participation in the Program by means of notifying the Company via e-mail;
- 3.2. The Company terminates the participation of the Partner in the Program with immediate actuation, with or without respective reasons, by means of notifying the Partner via e-mail, used to receive contact information.
Neither party shall be brought to the responsibility, if it does not have access to the e-mail of the opposite party on any reason, which was not disclosed to the party at the moment of notification.
4. All materials of the program, including among others, all advertising banners, hyperlinks, photo materials, records, videos, sound and any form of copyrights for the materials, provided to the Partner by the Company within the Program, shall remain at the disposal of the Company and cannot be copied or disclosed, changed, replaced, translated, spread, sold or suggested for sale in any form, any time, in any place of the world, except for cases specifically designated in writing by the Company under the Agreement.
5. Use of any advertising or any type of materials and/or Program, provided by the Company to the Partner under the Agreement, is an exclusive responsibility of the Partner and shall be used “as it is”. The Company refuses from all the warranties, real or implied, including without limitation, warranties of merchantabilities and availability for certain purpose in terms of the Program. Herewith the Partner undertakes directly to protect the Company from any liabilities, connected with the application of materials, identified by the Partner, as well as to protect the Company from claims of any third party, related to the violation of copyright or provided that the use of such materials is forbidden in compliance with the local legal jurisdiction of the Partner.
6. The Company shall reserve the right to notify the Partner and/or terminate/cease validity of the Agreement and shall retain any current payments/potential clients of any character, forwarded to the Partner and/or any other entity/web-master, defined by the Partner, when the Partner uses dubious marketing methods as mentioned below including among other commercial marketing on the basis of motivation and any other type of undesirable messages.
7. This Agreement and the rights under this document shall not be transferred and may be used only by the Partner in terms of his/her participation in the Program.
8. Herewith the Partner declares not to provide, use or promote any content being:
- 8.1. illegal;
- 8.2. stolen;
- 8.3. dishonest;
- 8.4. violation of provision in any part of the Agreement on their site(s), used for the participation in the Program, as well as under the domain name (or any subclass of identified domain), referring to IP-address of the Company`s Website or of its subsidiary. The Partner confirms and states acceptance of full responsibility for the content, located in the indicated area or any subarea, apart from content, created by the Company or its subsidiaries. The Partner accepts and agrees that the violation of the clause namely presence of forbidden content on the website of the Partner(s), used to participate in the Program and/or website, connected with domain name or its any subarea, may lead to immediate termination of the activity of his/her account and its related services, as well as these Conditions and Provisions; herewith the Company is allowed to retain any current or future payments, incomes or benefits.
9. Nothing in this Agreement shall be explained as establishment of any agency, labour relations, joint venture or partnership between the Partner and the Company and/or its employees, agents or legal successors.
10. The Partner shall directly declare and accept that the Company`s Websites are used to entertain adults and are designated exclusively to entertain adults.
11. The Partner shall directly declare that he is at least 18 (21 years in some countries, if it is required in compliance with the applicable legislation), and that he is full-aged under the local law of the respective jurisdiction of the Partner.
12. Herewith, the Partner confirms and accepts that he unilaterally took the decision to participate in the business of the Internet services different from the high level of risk.
13. The Partner shall also approve, accept and confirm that neither Company nor its agent as well as the representative of the Company, nor any other entity were any time in the present or past represented to the Partner or in any other way, whether directly or indirectly provided the Partner with any warranties, assurances or any other information of any type in terms of:
- 13.1. potential efficiency or possible success from participation of the Partner in the Program, presented in this Agreement or otherwise;
- 13.2. possibility or probability that the use of any commodities and/or services, provided by the Company in compliance with the Agreement, may or shall cause return of any means spent by the Partner to promote the Website(s) of the Company or for any other purposes; or
- 13.3. existence, absence, scopes or any other characteristics at any market for any products or services, related to the participation of the Partner to the Program subject to this Agreement.
14. Any time the Company is entitled at its own and exclusive discretion to transfer including with opposite power the Partner from one advertizing or standard program to another advertizing or standard program, by adjusting the program-related benefits of the Partner in case if the Company considers such measures as desirable in terms of proofs whereby the activity of the Partner does not comply with the standard or implied high risk, namely: in case if the Company shall suspect voluntary violation of rules, purchases on the basis of incentives and/or registration, and/or traffic generation via unauthorized sources, such as among others, social networks, cortege sites, gambling sites, illegal torrent-sites and Internet-auctions.
15. If participation of the Partner in the Program is terminated due to any reason or performed with violation of principle for supporting respective status (for example, change of URL for website of the Partner or if the Partner ceases to provide his services in the Internet), the Partner shall immediately and instantly stop any use of any and all the materials, provided by the Company, and approve so that any and all the files, containing the materials provided by the Company, were deleted from respective website(s).
16. The Partner agrees that the Program is not the franchise or another form of business activity and approves that such Program is not subject to the influence of respective act or law. Namely, this Agreement is not in its turn the offer for business operation or business.
17. The Partner also agrees not to advance any claims in relation to the Company as well as to protect the Company from any bids in terms of losses of the Partner, arising directly or indirectly as a result of taking the decision to participate in the Program under this Agreement.
18. The Partner also declares and approves that he/she will not demand or intend to demand directly or indirectly in any form with any right of property or share interest in any right of copyright of the Company or its subsidiary, unless otherwise negotiated by the parties in writing.
19. The Partner shall immediately on demand of the Company submit the document, certifying the identity. Refusal to provide such information shall be the reason to cease operation under the Agreement and absence of refund as a damage for any and all the penalties and fines, which otherwise would belong to the Partner under the Agreement.
20. The Partner is not entitled any time with the help of additional materials, provided under the Agreement by the Company, to demonstrate directly or indirectly with the help of any means, negative or abusive advertisement. The Partner shall bear the responsibility for all the losses, born by the Company as a result or subject to such behavior despite the motivation.
21. In case when the Partner uses spam, this Agreement will be terminated instantly because the Company follows the principles of zero tolerance in relation to spam mailing.
22. Subject to any type of spam mailing, the Partner will be prohibited to participate in the future in the Program and all monetary funds, related to the Partner, as a result of the Partner`s participation in the Program, will be cancelled by the Company.
23. Herewith, the Partner guarantees that he/she will not in any form impose via e-mail mass service, not coordinated with the addressee, use spam of non-requested exchange of instant messages, online-announcements, about sales, spam-auction, spam search engines, blog-publications, wiki-spam, social networks spam, news multicast, IRC-placement or any other form of mailing, usually called as “spam”, quality of services to promote its web-site(s) or in order to direct users to the sites of the Company.
24. The Partner also confirms and agrees that the Company is entitled immediately and without prior notification to cease participation of the Partner in the Program, if the Company at its own and exclusive discretion decides that the Partner uses any form of undesired mass mailings via e-mail, group news mailing, marketing methods by means of cookie-files, sales or trading of passwords, IRC- placement or any other form of “spam”.
25. The Company is entitled to provide or retain payment of the Partner and/or cease participation of the Partner in the Program and this Agreement, if according to the Company the Partner shall directly or indirectly participate or encourage faulty or misleading operation.
26. The Company is entitled at its own and exclusive discretion to determine objectively, faulty or misleading activities and whether the behavior of the Partner may directly or indirectly encourage faulty or misleading activity. Determination of the Company subject to faulty or misleading activity shall be final.
27. The Company will never stop controlling the quality of registrations, directed by the Partners. If the Company has reasons to consider registration misleading in any way, it reserves the right to block the account of the Partner and cancel all the expecting payments.
28. Herewith, the Partner shall directly confirm and agree that any typosquatting and cybersquatting or their related activities are forbidden; that payment for directing potential client will not be performed by entities, listed on the site of the Company by means of typosquatting and cybersquatting or any similar method. For the purposes of the Agreement, typosquatting and cybersquatting shall include among others the use of domain names, similar to domain names of the Company`s sites only with typos, or any other methods, aimed to redirect people to the Company`s sites without any marketing actions, but only by means of domain names squatting, similar to the sites of the Company`s domain names.
29. Any attempt to use trade names, trademarks and/or any other references to the Company`s site including their typos, for example, in reflected key words, URL, triggers etc., to show the advertisement for promoting competing product or website, shall be considered as unfair trade and marketing practice and shall be chased in accordance with law.
30. The Company may reserve the right at its own and exclusive discretion any time to change or modify the Program (including, for example: change of amount of applicable remuneration for attracting clients, price lists, methods of payment and rules under the Program) in order to improve efficiency of the Program.
31. Further participation of the Partner in the Program after placement of the notice about changes or new agreement of the Company under indicated reference shall represent obligatory acceptance of indicated change(s) by the Partner.
32. Under no circumstances, the Company, its employees, independent contractors, authors, agents, representatives, legal successors and successors shall in terms allowed by law bear responsibility before the Partner or any other individual or legal entity for any direct or indirect harm, injuries or incidental or indirect losses (including without limitation, damages from lost profits, disconnection of business, loss of business information or any accidental or other indirect losses as well as other material damage), in terms of any reference to any website of the Company or respective Program, related to the use of materials, or any other errors, delays, breaks in transmission or receiving services, content or materials of the Company`s Program, including without limitation, any losses due to the server troubles or incorrect HTML placement as well we other programming codes.
33. The Company shall not provide control, supervision or reconsideration, and shall not bear the responsibility within the limits, allowed by law for arising or other placed content on the website(s) of the Partner, except for content, supplied to the Partner by the Company, on condition that the indicated content being supplied to the Partner by the Company was not changed or modified by the Partner or any other party, except for cases unless other being approved by the parties in writing.
34. The Company shall reserve the right to send advertizing notice via e-mail of participant/subscriber of the Partner about any website used by the Company.
35. The Partner shall authorize the Company to process technical data, related to the redirected entities on the Company`s website at the expense of using references, reflected on the website(s) of the Partner as well as to process data of the Partner or personal data of its employees, provided by the Partner or collected during the process of Partner`s registration within the period of this Agreement and after termination of the Agreement within the term required for the Company to follow legal requirements.
36. When referring to the court with claim on disputes, arising from relations between the Parties and Company, it is obligatory to submit claims (written offer about voluntary dispute regulation).
37. The claim receiver shall within 30 calendar days from the date of receiving claims notify in writing the Declarant about the results of claims dissolution.
38. Subject to absence of agreement, the dispute will be transferred for consideration to court body in compliance with applicable law of the country, where the site owner company is located.
39. The applicable law of the country, where the site owner company is located, is used for this Agreement with the web master and due to the relations between the Partner and Company.