PUBLIC OFFER FOR PARTICIPATION IN THE PERFORMANCE NETWORK LINKPROFIT
This document, in accordance with part 2 of article 437 of the Civil code of the Russian Federation, is a public offer (hereinafter – the Offer/this Offer) of the limited liability company "Piconsult digital", hereinafter referred to as "Offeror", represented by the General Director Ukhnevich Dmitry Frantsevich, acting based on the Charter and addressed to an unspecified circle of persons for participation in the performance network Linkprofit. The Offeror declares that it will consider itself concluded the contract on the terms of the Offer with any individual or legal person providing the acceptance. Acceptance takes place in the form of successful registration as a publisher in the performance network Linkprofit. A physical or legal person who provided Acceptance (accepted the Offer) and hereinafter referred to as "Acceptor", undertakes to comply with the terms of the Offer.
1. TERMS AND DEFINITIONS
For the purposes of the Contract, the following terms have the following meanings:
PERFORMANCE NETWORK LINKPROFIT – a service in the information-telecommunication Internet network, placed on a domain: http://linkprofit.com/, that is headed by the Offeror and provides advertisers the ability to place their advertising offers (offers) for payment for the execution of their conditions and provides webmasters the ability to select suitable advertising proposals and to provide for them information services on a reimbursable basis.
WEBMASTER – a physical or legal person with the skills and technical means to carry out advertising of goods (services) in the information-telecommunication Internet network, who is interested in the implementation of advertisers’ offers (offers) offered by advertisers.
ADVERTISER – a physical or legal person that grants the right to advertise its products and/or services through the performance network through advertising means in the information and telecommunication Internet network.
PAID ACTION – an action, execution of which under the terms of the advertising offer, is guaranteed paid by the advertiser. Such action may be the following: purchase of goods, order and/or purchase of services, registration, subscription to mailing, sending of e-mail and any other action performed by the user of the Internet on the results of the transition to the website of the advertiser through the advertising means of the advertiser, placed on the site of the webmaster.
SITE – a website in the information and telecommunication network Internet owned by a webmaster (managed by a webmaster) or a website where the webmaster has the right to place advertising materials.
ADVERTISING MEANS – textual, visual and other advertising materials placed in the information and telecommunication Internet network.
2. SUBJECT OF THE AGREEMENT
The Offeror provides for the use the performance network Linkprofit to the advertisers and publishers, and the Acceptor undertakes to use the services of the performance network Linkprofit in good faith, on the conditions of the Offer, in accordance with the requirements of the current legislation.
As part of the use of the Offeror’s services, the Acceptor may voluntarily assume additional obligations provided for by the terms of the promotional offers if the consent to their performance is expressed. If the terms of the promotional offer in the performance network Linkprofit are accepted, the Acceptor agrees to provide to the advertiser the information services.
Obligations of the Acceptor, arising from the advertising offer approved by him, are considered as executed by him in an appropriate manner if:
Acceptor ensured the implementation of the full range of paid activities on the terms of the advertiser's advertising offer
The requirements of the Offer and the current legislation are complied by the Acceptor
In the case of proper fulfillment by the Acceptor of the obligations arising from the advertising offer, approved by him/her, in the performance network Linkprofit, Acceptor is entitled to a monetary reward on the conditions specified in the advertising offer.
Payment of a monetary reward for information services correctly provided within the framework of promotional offers is carried out at the expense of advertisers.
3. PROCEDURE FOR CONCLUSION OF THE CONTRACT
The Acceptor has the right to own several accounts strictly in agreement with the performance network Linkprofit. If a physical person performs official duties in a company or for a legal entity that has an account in the Linkprofit performance network, so these rules prohibit him to create a personal account of a physical person to perform his official duties for this legal entity.
Successful registration in the Linkprofit performance network signifies the acceptance of this Public Offer by the Acceptor.
Additional conditions, specified by the advertiser in his advertising offer placed on the Linkprofit performance network's website, become an addition to this Public Offer in the case of the Acceptor's agreement to execute this advertiser's offer
The administration of the Linkprofit performance network (hereinafter - Administration) considers the Accepter's application and upon the results of consideration registers / refuses to register the Acceptor as a participant (webmaster) of the Linkprofit performance network.
If the Administration decides to register the Acceptor as a participant (webmaster) of the Linkprofit performance network, then the Acceptor receives a confirmation letter about the creation of his account in the partner network Linkprofit to the e-mail address specified by him at registration.
The date of successful registration of the Acceptor as a member of the LinkProfit performance network is the moment of conclusion of the Agreement between the Offeror and the Acceptor.
The administration of the performance advertising network Linkprofit reserves the full and unconditional right to refuse registration to any webmaster without any explanation. In this case, the webmaster's data got through the registration form is immediately destroyed.
4. PARTICIPATION IN THE ACTIVITIES OF THE performance NETWORK LINKPROFIT
The final decision to admit the Acceptor to the execution of the advertising offer is made by the advertiser himself.
All advertising platforms, declared by the Acceptor to fulfill the conditions of advertising offers, are preliminarily moderated by the Administration. All advertising platforms that meet the requirements of the current legislation, that meet the rules of the Offer and that are permitted by the administration of the advertising network Linkprofit, are accepted to participate in the activities of the partner network Linkprofit.
The Acceptor guarantees that he is the owner of the declared/used sites or their manager and has all rights to post on them any information.
For the purposes of fulfilling the conditions of advertising offers, the Acceptor is allowed to use advertising means of social networks and search systems.
Performance network Linkprofit reserves the right to request information about the source of traffic from the Acceptor and to request the access to the statistics of the advertising platform. The Contractor must provide the requested information within 5 work days.
5. RIGHTS AND OBLIGATIONS OF THE ACCEPTOR
The Acceptor has the rights to:
get acquainted with the proposals and tariffs of advertisers and agree to the fulfillment of the terms and conditions of the offers of advertisers posted on the website of the performance network Linkprofit; use functions and opportunities of the performance network Linkprofit which are available for his account; to receive monetary compensation from advertisers for correctly rendered services; receive consultations from the Administration on the questions related to participation in the performance network Linkprofit.
The acceptor undertakes:
To provide only reliable data in the registration form and in the personal cabinet. If any personal data is changed, the Acceptor must immediately update them in his personal account with the help of the performance network Linkprofit; to carefully keep the login and password for access to the performance advertising network and prevent them from getting into third-party hands; to respond promptly to Linkprofit performance network's inquiries (notices), transmit the information necessary for the performance of the Agreement; to act in good faith, in accordance with the current legislation and the Public Offer within the confines of participation in the performance network Linkprofit and not to violate the rights of the Customer, advertisers and third parties; to provide information services on the terms prescribed by the advertisers.
6. THE RESTRICTIONS ASSOCIATED WITH PARTICIPATION IN THE PERFOMANCE NETWORK LINKPROFIT
The acceptor within the participation in the performance network Linkprofit is being prohibited to:
use methods or means that contradict the requirements of the current legislation, this Public Offer and the terms of advertisers' offers;
use on the advertising sites the content that violates current legislation or redirects to websites that violate current legislation.
use advertising platforms, that use methods to force visitors to commit transactions, such as a compulsory clicking, forcing to send paid SMS and other similar methods. Also, advertising platforms at the stage of development are not allowed. Also, It is forbidden to buy traffic on CAP sites (CAP, WmMail, Seosprint et c.) and similar.
use unwanted mailings (spam) when sending promotional materials via e-mail. To send advertising via e-mail, the Acceptor must have the consent of each recipient and to provide to the administration of the performance network Linkprofit the appropriate confirmation when requested;
execute the terms of advertisers' offers by using unreliable, non-existent or third party data without obtaining the consent of their owner;
execute the conditions of advertisers' offers by misleading third parties, by deceit, violence, threats;
use exclusive rights to the results of an intellectual activity or to the means of individualization of the advertiser or another person in the absence of an agreement on the alienation of an exclusive right or license agreement. The Administration reserves the right to demand the presentation of such a contract upon request within 5 (five) calendar days from the date of the request;
use advertising materials from one advertiser to advertise another advertiser;
use any technology and types of cookie stuffing (cookie dropping). It is forbidden to use scripts that allow to set up cookies of sites that Internet users have not visited or viewed. It is forbidden to rearrange, substitute, change the cookies of Internet users to other ones that do not belong to the sites which have been viewed by users, including the substitution of cookies using popups, iframe. Also, substitutions at an existing site when pasting the address of a third-party page as a picture are forbidden;
register and/or use the domains, that are similar to the domains of the sites of advertisers, for promotional purposes;
transfer the rights to use services, applications and data, granted by the Offeror, to third parties in whole or in part; provide access to them, change or process in any other way, transfer them in other forms or create from them own databases or information services;
take actions that could negatively affect the work of the performance network Linkprofit. Attempts to technically affect the efficiency of the servers of the performance network, attempts to hack the security mechanisms, to use viruses, trojans, other malicious programs for any of their purposes are considered as such actions. It is forbidden to use "brute force" attacks, DoS (DDoS) attacks, spam, to use links and any other processes that could damage the work of the performance network Linkprofit.
7. PAYMENT OF ACCEPTOR'S SERVICES
The Acceptor receives a monetary reward for the successful execution of the terms of the advertising offers within the Linkprofit performance network.
In each individual case, the amount of remuneration is determined by the tariff set by the advertiser for a particular paid action at the time of this action in a special section on the website of the Linkprofit performance network at http://ai.linkprofit.ru/. The advertiser has the right to change the tariffs in the future. Changed tariffs will not apply to paid actions made before the changes. An Acceptor has no right to demand an advertiser to assign for him a separate tariff, different from the one set in the advertising offer placed at Linkprofit performance network. Disputes, related to the payment of the Acceptor's services for advertising offers within the Linkprofit performance network, are resolved exclusively between the Acceptor and the advertiser. performance network Linkprofit is an intermediary online service between advertisers and webmasters and is not bound by the obligation to pay for Acceptor's services. The Acceptor does not have the right to demand payment from the Offeror for the services rendered under advertising offers within the Linkprofit performance network.
The Acceptor’s right to receive monetary compensation arises under the following conditions:
the Acceptor has executed the volume of paid actions on the terms of the advertising offer approved by him;
paid actions were tracked by Linkprofit performance network’s means;
paid actions were approved and allowed to be paid by the advertiser;
the Acceptor have not violated the requirements of this Public Offer and the current legislation.
A personal internal account is established for each registered webmaster in the performance network Linkprofit, through which all the operations on crediting and payment of monetary remuneration for services provided under advertising offers are carried out. Information about the personal internal account is displayed in the personal account of each registered webmaster. In the case that the Acceptor properly executes the terms of the promotional offer, the monetary compensation is transferred to the personal internal account of the Acceptor within 7 working days from the date of execution of the terms of the advertising offer.
performance network Linkprofit establishes a minimum amount for the withdrawal of funds in the amount of 800 rubles. The acceptor can apply for withdrawal of funds to the bank account specified by him/her upon registration in his/her personal account. The withdrawal of funds on applications of Acceptors is carried out twice a month.
8. THE TERM OF THE AGREEMENT
The agreement comes into force from the date of registration of the Acceptor in the performance network Linkprofit and is concluded for the term of the Acceptor's participation in the performance network Linkprofit.
9. AMENDMENT OF THE AGREEMENT
The Offerer reserves the right to amend the terms of the Agreement without justification and at any time if these changes do not affect the fundamental terms of the Agreement. A notification about any changes is sent to the Acceptor by e-mail specified during registration. For the Acceptor, the changes take effect if he/she does not object to the changes within 7 calendar days from the receipt of the notice.
If the Acceptor objects to the changes then they are not considered valid for him/her. In this case, the reciprocal right to terminate the Treaty remains in force and the parties are entitled to terminate the Agreement in an out-of-court order.
10. TERMINATION OF THE AGREEMENT
The Offeror provides the Acceptor a temporary (for the validity period of the Agreement) non-exclusive right to use the provided services and applications and the data contained in them within the participation in the performance network Linkprofit. In the case of termination of the Contract, this right loses its validity.
If the Offeror discovers that the Acceptor has violated the terms of clause 6.1. of this Public Offer then the Offeror has the right to terminate the Agreement unilaterally.
In other cases, the termination of the Agreement is possible only by agreement of the parties. The acceptor can apply for the removal of his/her account and refuse to participate in the performance network Linkprofit in his/her personal account. The Administration makes a decision to remove the Acceptor's account and to terminate the Agreement after getting the results of the verification of the Acceptor's account for compliance with the requirements of the Public Offer and the current legislation or the Administration requires the Acceptor to eliminate the violations of the requirements of this Public Offer and the current legislation.
When deleting an Acceptor's account in the order set by clause 10.3. of this Public Offer, the funds that remain on his/her personal internal account, are transferred to his/her bank account. All the advertising offers, executed by the Acceptor by the time of termination of the Agreement, are processed in the usual manner.
11. RESPONSIBILITY FOR VIOLATION OF THE AGREEMENT
Parties are responsible in accordance with the procedure provided for by the legislation of the Russian Federation, with the specifics specified in the Agreement, for non-fulfillment or improper performance of obligations under the Agreement.
The parties set that in the case of breaking the obligations under the Agreement if that caused damage to one of the parties, the only real damage is liable to compensation.
For non-compliance by the Acceptor with the requirements of clause 6.1. of this Public Offer, the Offeror has the right to demand from the Acceptor the elimination of violations free of charge within 5 (five) business days, herewith, The Acceptor does not have the ability to withdraw funds during this period. In the case of repeated violation of the provisions of clause 6.1. of this Public Offer by the Acceptor, the Offeror has the right to terminate the Agreement with the Acceptor unilaterally. Herewith, the Acceptor's account in the Linkprofit performance network is immediately blocked and all the earned and not withdrawn compensations received with the help of these violations are returned to advertisers.
A person whose account is blocked in the Linkprofit performance network is not allowed to re-register in the Linkprofit performance network.
If, due to violation by the Acceptor of the terms of this Public Offer, the Offeror is imposed with any civil, administrative, or other legal liability from a third party person, The Acceptor is obliged to compensate in full the costs incurred by the Offeror resulting from such violation, including liabilities due to damage, fines paid, court expenses.
The Offeror is not liable for any damage or interference caused by the contents of the third party web pages, software errors or the technical means of advertisers who are members of the Linkprofit performance network, as well as for damage caused by insufficient availability or the limited functionality of the information-telecommunication Internet network.
Responsibility for harm caused to advertisers or third parties by the actions of the Acceptor on the advertising platforms declared by him is fully laid on the Acceptor.
12. DISPUTE SOLUTIONS PROCEDURE
In the case of disputes between the Offeror and the Acceptor relating to the performance of obligations under the Agreement, the parties endeavor to resolve these disputes through negotiations.
The complaint procedure for settling disputes under the Agreement is mandatory. The party that received the claim must send a response to it within 10 (ten) working days of the receipt of the claim.
In the case of non-settlement of disputes in a claim procedure, they are submitted for consideration to the Arbitration Court of Moscow via the procedure set by the current legislation of the Russian Federation.
In the cases not provided by the Agreement, the parties are guided by the current legislation of the Russian Federation.
13. FINAL PROVISIONS
By accepting the terms of the Public Offer, the Acceptor represents and warrants that:
He/she was fully acquainted with the terms of this Public Offer;
He/she fully understands the conditions of this Public Offer;
He/she fully understands the significance and consequences of his actions with respect to the conclusion and execution of the Agreement.
Contact information for communication with the Offeror on issues related to the execution of the terms of the Agreement:
The actual address: 117326, Russia, Moscow, Nauchny Drive, house 17, floor 14, cabinet 1437
Tel. number: +7 (499) 641 12 72