PUBLIC OFFER TO PARTICIPATE IN THE DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT
This document is, in accordance with part 2 of article 437 of the Civil code of the Russian Federation, a public offer (hereinafter – the offer) of a limited liability company "Performance network Linkprofit", hereinafter referred to as "Offeror", in the person of General Director Dmitry Yukhnevich Dmitriy Frantsevich, acting on the basis of the Charter, addressed to an indefinite 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 entity providing the acceptance. Acceptance takes place in the form of successful registration as a publisher performance network Linkprofit. A natural or legal person providing Acceptance (accepted the Offer), 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:
1.1. DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT service in information-telecommunication network the Internet on a domain: https://www.linkprofit.com/ administered by the Offeror, which allows the advertisers to place their promotional offers (offers) for payment for the fulfillment of their conditions, and webmasters to choose suitable advertising proposals and provide them information services on a reimbursable basis.
1.2. WEBMASTER - a natural or legal person with the skills and technical means to carry out advertising of goods (services) in the information and telecommunication Internet network, interested in the performance offered by advertisers of promotional offers (offers).
1.3. ADVERTISER - a natural or legal person providing the right to advertise with affiliate network their products and/or services through promotional resources in information-telecommunication network Internet.
1.4. PAID action – ACTION for which, under the terms of the advertising offer, the advertiser is guaranteed payment. Such action could be the purchase of goods, ordering and/or purchasing services, registration, newsletter subscription, sending an email, and more performed by the Internet user on the results of the transition to the advertiser's site via advertising means the advertiser placed at the site of the webmaster.
1.5. SITE – web site in the information and telecommunication Internet network, owned by the webmaster (managed by the webmaster) or a website where the webmaster has the right to place advertising materials.
1.6. ADVERTISING media – text, visual and other promotional materials placed in information-telecommunication network Internet.
2. THE SUBJECT OF THE CONTRACT
2.1 the Offeror provides to the advertisers and publishers DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT, and the Acceptor undertakes to use the services DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT in good faith, the terms of the Offer, in accordance with the requirements of current legislation.
2.2. As part of your use of the services of the Proposer, the Acceptor may voluntarily assume additional obligations under the terms and conditions of promotional offers, subject to the expression of consent to their implementation. In case of acceptance of the terms of the promotional offer in the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT, Acceptor agrees to provide to the selected advertiser information services (to ensure the implementation of paid actions on the terms stipulated in the offer of the advertiser).
2.3. The obligation of the Acceptor, resulting from the approved promotional offers are considered to be performed adequately, if:
The acceptor provided the full range of paid actions on the conditions stipulated in the promotional offer of the advertiser;
Acceptor comply with the requirements of the Offer and applicable law.
2.4. In the case of proper performance of the Acceptor of the obligations of the approved promotional offers DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT, the Accepter are entitled to remuneration on the terms specified in that promotional offer.
2.5. Payment for remuneration for services provided in the field of advertising offers is carried out at the expense of the funds of advertisers.
2.5 Monetary rewards for properly rendered information services in the framework of the promotional offers is at the expense of advertisers.
3. THE ORDER OF CONCLUSION OF THE CONTRACT
3.2. The accepter has the right to have some records strictly in agreement with the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT. If a natural person, performs duties in the state or for a legal entity that has an account in DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT, he is prohibited by these rules to create a personal account of a natural person for the performance of their official duties for the legal entity.
3.3. Successful completion of the registration procedure in the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT evidence of acceptance by the Accepter of this Public offer. Additional terms specified by the advertiser in its advertising offer on the website of the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT, in the case of expressing consent of the Acceptor to complete, complement this Public offer.
3.4. Administration DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT (hereinafter – Administration) is considering the application of the Acceptor, and upon review registers/reject registration of the Accepter as a member (webmaster) DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT.
3.5. In the case of adoption by the Administration of the decision on registration of the Accepter as a member (webmaster) DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT, Acceptor receives a confirmation email about the creation of his account in the partner DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT to the specified at registration e-mail address.
3.6. Date of the successful registration of Acceptant as a participant in the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT is the moment of conclusion of the Contract between the proposer and the Accepter.
3.7. Administration of the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT reserves the full and unconditional right to refuse registration to any affiliate without explanation. In this case, data is transferred to the webmaster via the registration form, be immediately destroyed.
4. PARTICIPATION IN THE ACTIVITIES OF THE DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT
4.1. The final decision on the admission of Acceptance to the implementation of promotional offers made by the advertiser.
4.2. All advertising spaces included in the Acceptor to fulfill the terms of promotional offers are pre-moderated by the Administration. To participate in the activities of the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT accept all advertising platforms, meeting the requirements of applicable law, the rules of the Offer and are approved by the administration of the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT to work.
4.3. The acceptor ensures that the owner claimed/used them sites or their Manager and has all rights to the placement of any information.
4.4. For the purpose of fulfilling the conditions of the promotional offers that are allowed by the Accepter of the advertising tools in social networks and search engines.
4.5.The DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT reserves the right to request the Contractor's data about the traffic source and the access to the statistics of the advertising platform. The contractor shall provide the requested information within 5 working days.
5. THE RIGHTS AND DUTIES OF ACCEPTER
5.1. The accepter has the right to:
to get acquainted with the offers and rates of advertisers and agree to the terms of the offers advertisers placed on the website the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT; to use available account features and capabilities the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT; to receive monetary compensation from advertisers for properly rendered services; receive advice from the Administration for participation in the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT.
5.2. The acceptor undertakes:
indicate in the registration form and in your account only reliable data. In the event of any change in personal data, the Acceptor shall immediately change them in your personal account using the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT; to keep username and password to access the affiliate advertising network and to prevent them falling into the hands of others; respond to queries (alert) DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT, to transmit information necessary for the execution of the Contract; in the framework of participation in the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT to act in good faith, in accordance with applicable law, the Offer and does not infringe on the rights of the Customer, advertisers, and third parties; to provide information services as provided by offers advertisers.
6. THE RESTRICTIONS ASSOCIATED WITH PARTICIPATION IN THE DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT
6.1. The acceptor in the framework of participation in the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT prohibited:
to use the methods or means that are contrary to the requirements of applicable law, the Offer, the terms of the offers advertisers;
to use advertising platforms that use the coercion of visitors to the transactions, such as, for example: forced clicks, forced sending of paid SMS and other similar methods. Also not allowed advertising platforms that are under development and are not allowed to buy traffic in Systems of Active Advertising (CAP, WmMail, Seosprint, etc), Boxes and similar systems;
to use undesirable distribution (spam) when sending out promotional materials via e-mail. To send you advertising by e-mail, the Acceptor is obliged to have the consent of each recipient and the request to provide the property DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT confirmation;
to comply with the terms of the offers advertisers by the use of incorrect, non-existent or third party data without consent of the owner;
to comply with the terms of offers of advertisers by introducing a third party into error, deceit, violence, threats;
the use of exclusive rights to results of intellectual activity or means of individualization of the advertiser or any other person in the absence of the contract on exclusive right alienation or licence contracts. The administration reserves the right to require the submission of such contract upon request within 5 (five) calendar days from the date of the claim;
to use promotional materials one advertiser to advertisement of the other advertiser;
using any technologies or types of cookie stuffing (cookie dropping). It is forbidden to use scripts, adding cookies to websites that Internet users are not visited and not visited. It is forbidden to rearrange, substitute, grind the cookies of Internet users on others who do not belong to the sites seen by the user, including substitute cookies through the use of popups, iframe, as well as the substitution when you insert a ' third party page as a picture on an existing site;
to register and/or to promote domains similar to the domains of the sites of advertisers;
transfer provided by the Offeror the right to use the services, applications and data to third parties fully or partially, to provide access to them to change or handle in any other way to carry other forms or to create your own database or information service;
to take action affecting the work of the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT. Under such actions technically refers to attempts to affect the servers ' performance affiliate network, attempts to crack the protection mechanisms, use viruses, Trojans, other malware for any purpose. Use brute force attacks, DoS(DdoS) attacks, spam, linking and any other process which may be detrimental to the work of the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT.
7. THE SERVICES OF ACCEPTER
7.1. The accepter for the successful fulfillment of the terms of promotional offers within the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT receives a cash award.
7.2. In each case the amount of the compensation determined by the tariff set by the advertiser paid for a particular action at the time of committing this action in a special section on the website DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT at https://ai.linkprofit.ru/. The advertiser has the right to change the rates in the future. Altered rates will not apply to paid acts committed before the amendment. The accepter has no right to demand from the advertiser assign a separate rate is shown in the promotional offer hosted DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT.
7.3. Disputes related to the services of Accepter promotions within the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT resolved solely between the Acceptor and the advertiser.The DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT is an intermediary online service between advertisers and publishers not bound by a payment Acceptor. The acceptor shall not be entitled to require the Offeror of payment for services rendered to promotions within the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT.
7.4. Acceptor's right to receive a cash reward occurs when the following conditions exist:
The accepter has fulfilled the volume of paid actions on terms approved promotional offers;
paid actions were tracked by the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT;
paid actions were confirmed and allowed to be paid by the advertiser;
The accepter does not violate the requirements of the Offer and applicable law.
7.5. Each registered affiliate DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT start a personal account, through which all operations are carried out with the enrollment and payment of remuneration for services rendered promotions. Information on the personal internal account reflected in the personal account of each registered webmaster. In case the proper implementation by the Accepter of the terms of the promotional offer, a cash reward will be deposited into a personal account of the Accepter within 7 working days from the date of execution of the terms of the promotional offer.
7.6. The DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT sets the minimum amount for withdrawal of funds in the amount of 800 rubles. The accepter may submit a request to withdraw funds to a Bank account specified by the Acceptor during the registration in his private office. Withdrawal at the request of the Acceptor is carried out twice a month.
8. THE TERM OF THE CONTRACT
8.1. The agreement shall enter into force on the date of registration of the Acceptor DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT and is for a term of participation of the Acceptor DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT.
9. AMENDMENT OF THE AGREEMENT
9.1. The Offeror reserves the right to change the terms of the Contract without justification and at any time, if these changes do not affect the essential terms of the Contract. Notification of changes shall be sent to the Acceptor by e-mail, specified at registration. If the Accepter has no objection to the change within 7 calendar days of receipt of the notice, they come for him in force.
9.2. If the Acceptor against modifications, then they don't count for him in force. In this case, the mutual right to termination of the Contract remains in force and the parties are entitled to terminate the Agreement in non-judicial procedure.
10. TERMINATION OF THE CONTRACT
10.1. The vendor shall provide the Specified temporary (the Contract period), non-exclusive right to use of services and applications and the data they hold through participation in the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT. In the event of termination of this Agreement the right loses its force.
10.2. In identifying the Offeror's violations of Specified provisions of clause 6.1. Of the offer, the Offeror has the right to unilaterally terminate the Contract.
10.3. In other cases, may terminate the Contract only by agreement of the parties. The accepter may submit a request to delete your account and refusal from participation in the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT in your personal account. Administration on results of check of the account of the Accepter for compliance with the requirements of the Offer and applicable law, makes the decision to delete the account of the Accepter and the termination of the Contract or makes the Acceptor the requirement to eliminate violations of requirements of the Offer and applicable law.
10.4. When you delete the account of the Acceptorin the manner prescribed by clause 10.3. Offer, remaining on his own internal account funds are transferred to the Bank account of the Accepter. All performed by the Acceptor to the date of termination to the promotional offers are processed in the usual manner.
11. LIABILITY FOR BREACH OF CONTRACT
11.1. For non-performance or improper performance of obligations under the Contract the parties bear responsibility in order provided by the legislation of the Russian Federation, with the features established in the Contract.
11.2. The parties have established that in case of violation of obligations under the Contract, which caused loss of one of the parties, compensation shall be only for actual losses.
11.3. For violation of the Acceptor of the requirements of section 6.1. Agreement, the Offeror has the right to demand from the Acceptor gratuitous deficiencies within 5 (five) working days, at the same time, during this period, the Accepter does not have the ability to withdraw funds. In case of repeated violation by the Accepter of the provisions of section 6.1. Of the offer, the Customer is entitled to terminate the contract with the Acceptor unilaterally. In this account of the Accepter DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT immediately blocked and all earnings and new evidence rewards obtained through these violations is returned to the advertisers.
11.4. The person whose account is blocked in the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT has no right to re-register DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT.
11.5. If because of a violation by the Accepter of the terms of the Offer by the third person in the Offeror's responsibility any civil, administrative, or other legal liability, the Acceptor is obliged to compensate in full to the Offeror incurred costs resulting from such violation, including liability tort, paid fines, court costs.
11.6. The provider accepts no liability for damage or interference caused by the contents of the web pages of third parties, software errors or hardware advertisers who are members of the DATA-DRIVEN PERFORMANCE NETWORK LINKPROFIT as well as for damage caused by insufficient availability or functionality of information and telecommunication network Internet.
11.7. Liability for the harm caused by advertisers or third parties by actions of the Acceptant on stated advertising platforms in full rests with the Acceptor.
12. DISPUTE RESOLUTION
12.1. In the event of any dispute between the Proposer and the Acceptor, connected with execution of obligations under the Contract, the parties shall make efforts to resolve them through negotiations.
12.2. Complaint procedures for dispute resolution under the Contract is required. The party that received the claim shall send a response within 10 (ten) working days of receipt of the claim.
12.3. In the case of unresolved disputes using the complaint procedure, they are left Arbitration court of Moscow in the order established by the current legislation of the Russian Federation.
12.4. In all other cases not stipulated by the Agreement, shall be governed by the legislation of the Russian Federation.
13. FINAL PROVISIONS
13.1. By agreeing to the terms of the Offer, the Acceptor represents and warrants that:
fully acquainted with the terms of the Offer;
fully understands the terms of the Offer;
fully understands the significance and consequences of their actions in relation to the conclusion and execution of the Contract.
13.3. Contact with the Vendor on issues related to the execution of the Contract:
Address: 117638, Russia, Moscow, Odesskaya ul., 2, Tower A, 12 floor (BC “LOTOS”).
Phone: +7 (499) 641 12 72