Allgemeine Geschäftsbedingungen für Affiliates
The Administration of the Web site https://archivarix.com (hereinafter referred to as “Company”) grants any User of this Web site the right to use the Affiliate program under the terms and conditions set forth by the present document (hereinafter referred to as “Program”)
The present Affiliate program is an official offer of the Company to enter into legal relationship and conclude an agreement on mutual cooperation and relationship under the terms and conditions specified by the text of the present document with any individual, hereinafter referred to as “Affiliate”.
In the text of the present Affiliate program the Company and the Affiliate together are referred to as “Parties” and separately as “Party”.
The acceptance of the terms and conditions of the present Affiliate program is an execution by the Affiliate of actual (implicative) actions confirming acceptance of the terms and conditions of the Affiliate program, in particular, such actions include the Affiliate’s registration on the Web site.
The acceptance of the Affiliate program means the acquaintance, full and unconditional consent of the Affiliate with its terms and conditions, as well as the Affiliate’s liability to comply with all the provisions and rules set forth by the text of the Affiliate program. Since the Affiliate program has been accepted the agreement on mutual cooperation and relationship on the terms and conditions specified in the text of the present document shall be recognized as concluded between the Company and the Affiliate.
Due to the impossibility of objective preliminary moderation (verification) of the Affiliate by the Company, in particular, as concerns the personal data, hereby, it is presumed and the Affiliate confirms that he has capacity (legal capacity, delictual dispositive capacity) that would be enough to enter into legal relationship with the Company under the terms and conditions established by the Affiliate program.
An integral part of the present Affiliate program is other legal documentation posted on the Web site, in particular:
- User Agreement;
- Terms used in the program
- For the purposes of the present Affiliate program the following terms are used in the following meaning:
- The Web site is the result of intellectual activity represented by a composite work located in the Internet information and telecommunication network under a specific network address (domain, subdomain, and domain name) that consists of computer programs (software) ensuring its technological and technical functioning, graphic solution (design, the elements order, colors, etc.), content including textual information, photographic images, pictures, videos, records, etc., united by a common purpose and meaning and presented in the form of the Web pages. The Web site in the text of the present Agreement means the Web site owned by the Company and located in the Internet information and telecommunication network under the domain name (domain, subdomain, and address) https://archivarix.com, as well as the Web pages that belong to it.
- Company is the owner of the Web site that possesses the right to use, manage, and dispose of the Web site, provide the Web site for the use by the Users and provide the Users with the Company’s Services laid down in the User Agreement and described directly on the Web site or defined by the Web site technical features. An authorized representative (moderator) nominated directly by the Company acts on the Web site on behalf of the Company.
- User is an individual registered on the Web site in order to use it in accordance with the basic purpose of the Web site and obtain the Company's Services.
- Affiliate is a User who participates in the present Program acting on his own behalf and performing the search and recruitment of Customers who will be interested in ordering the Company Services. The legislation of the country of residence of the Affiliate may establish additional requirements and conditions that are necessary to be fulfilled to participate in the Program.
- Customer is a User recruited to the Web site by an Affiliate, who ordered (purchased) the Company Services. The legislation of the country of residence of the Customer may establish additional requirements and conditions for the Customers. In the future the Customer has the right to act as an Affiliate with respect to the Users recruited by him to order (purchase) the Company Services.
- Referral link is a text hyperlink assigned to the Affiliate that redirects the Internet User including the Customer to the Web site (to any Web page of the Web site) when one presses (“clicks”) on it. The Referral link may be also represented as a text-based or graphical static or animated image containing a hyperlink that redirects the Internet User including the Customer to the Web site once one presses (“clicks”) on it.
- The Company Services are services involving structuring and classification of the content of the Web sites that are in open (public) domain or were in open (public) domain on the Internet previously.
- The Affiliate’s Balance is the Affiliate’s personal card on the Web site in the Personal Account that comprises all the accounts, funds received from or for him, list of financial and credit transactions carried out by or with respect to the Affiliate, in particular, information on the balance of unused funds available to the withdrawal from the Affiliate’s Account, list of recruited Customers and payments made by them, history of funds withdrawals from the Affiliate’s Account, etc.
- The Personal Account is a special virtual space on the Web site allocated (provided) to the Affiliate after the registration, that contains certain information about him and is necessary for the Web site use in accordance with its main purpose.
- Spam is an automatic sending of messages that contain marketing tools to various messengers including ICQ, Skype, etc., e-mails of the Users, who are not subscribers for the corresponding newsletters, automatic spam on forums and blogs of the Web sites and social networks.
- The Program may use terms that are not defined by Clause 1.1. In these cases the interpretation of terms is made in accordance with the text and meaning of the present Program. In the absence of an unambiguous interpretation of the term by the text of the present Program one should be governed by the following interpretations of the terms: primarily, the interpretation posted on the Web Site and listed in Clause 1.1.1 of the present Program, and, secondly, the interpretation that corresponds to the norms of the legislation of the Russian Federation, as well as to the customary business practices in the relevant field of activity.
- Subject of the program
- The purpose of the Affiliate program is to recruit new Customers who will order (purchase) the Company Services provided through the Web site.
- The Affiliate undertakes the obligation related to the search and recruitment of new Customers using the Internet.
- In order to recognize a Customer as recruited by the Affiliate the following conditions must be met:
- The Customer was taken to the Web site using the Referral link posted by the Affiliate;
- The Customer registered on the Web site within thirty (30) calendar days from the date he had been taken to the Web site using the Referral link posted by the Affiliate;
- The Customer ordered (purchased) the Company Services and paid their cost;
- The Customer recruited by the Affiliate hadn’t been registered as a User on the Web site previously (and doesn’t have a Personal Account on the Web site);
- The Customer wasn’t taken to the Web site using the Referral link of another Affiliate within the period specified by Clause 2.3.2. of the Program (otherwise, it is considered and acknowledged that the Customer was recruited by the Affiliate, whose referral link he used to be taken to the Web site the most recently). Hereby, the Affiliate agrees and confirms that the Customer is assigned (recognized as recruited by the Affiliate) to the Affiliate, whose referral link is “registered” (fixed) in the cookies of the Customer’s browser.
- For Customers’ recruitment to the Web site the Company pays the Affiliate a referral fee in the amount and according to the procedure determined by the present Affiliate Program. All payments to the Affiliate are made for marketing purposes in order to stimulate the consumers’ activity, new Customers’ recruitment, or payments made by the Customer for the Company Services.
- Rights and obligations of the parties
- The Affiliate’s Responsibilities:
- To carry out independently and at his own expense the search and recruitment of Customers.
- To provide technical assistance to the Customers helping to resolve any arising issues and problems of the Customer including the cases when the Company is not able to provide relevant support.
- Not to recruit Customers by ways prohibited by the applicable legislation, as well as by sending spam. The Affiliate is solely responsible (thus, exempting the Company from any kind of liability) for the content of his resources (the Internet resources) including infringement of the intellectual rights of any third parties; the Affiliate also exempts the Company from any kind of liability and claims from any third parties arising from the implementation of the present Program by the Affiliate.
- Not to cause the Company any damages, losses or expenses related to the execution of the Program, and, if caused, to compensate them in full at the request of the Company.
- Not to post the Referral link in places where it would be associated with erotic or pornographic materials and other materials of an amoral nature, as well as on the Web resources containing information that doesn’t meet the requirements of the current legislation.
- Not to modify the script or post the Referral link on the Web sites that have been hacked or don’t have content, as well as not to set cookies without actual visit to the Web site by the Customer.
- Not to register more than one account on the Web site.
- Use the Referral link format provided by the Company on order to make accurate calculation of the Customers recruited by the Affiliate. In case of non-observance of the above mentioned condition the Company is not responsible for the accurate calculation of the Customers and the Affiliate’s fee and doesn’t accept claims regarding the issue.
- In case of the Customers recruitment with the contextual networks including Yandex.Direct, GoogleAdWords, and other similar systems, and creation of advertisements the Affiliate is obliged to use only his domain. It is forbidden to post contextual advertisements that redirect to the domain of the Web site.
- Not to register and/or promote domains similar to the names of Archivarix.
- Not to mislead the Users regarding the characteristics and quality of the Web site.
- The Affiliate is prohibited to imitate transactions entering intentionally wrong, non-existent or improper data without the knowledge of their owner when ordering the Company Services.
- The Affiliate is prohibited to use any scripts that allow entering cookies of the Web sites that the User didn’t visit or view. It is forbidden to rearrange and stuff the User’s cookies with others.
- The Company Responsibilities:
- To provide the Customers with the Company Services in a quality manner and in accordance with the commonly applied conditions.
- To pay the fee to the Affiliate according to the procedure and under the conditions defined by the present Program.
- To send statistical information on the number of Customers recruited by him to the Affiliate’s Personal Account.
- To provide the Affiliate with a Referral link that is automatically generated by the Web site system. The Affiliate has no right to edit/correct the text content of the Referral link.
- The Company has the right to exclude the Affiliate from the Affiliate Program and block his account without paying and/or withdrawing the fee amount from the Affiliate’s Account if the Company suspects the Customer of fraud, violation of the law or the terms and condition of the Program, in particular, as concerns Clauses 3.1.3.-3.1.7., 3.1.9.-3.1.13 of the Program.
- Settlement of accounts between the parties
- The Affiliate's fee for the recruitment of a Customer totals 15% from the cost of the Company Services ordered and paid by the relevant Customer.
- The fee is credited to the Affiliate’s Account. The term of crediting the fee to the Affiliate’s Account amounts to 5 working days since the date of payment for the Company Services by the Customer.
- The Affiliate’s fee accrued to his balance for the payment of the Company Services by the Customer becomes available for withdrawal not earlier than in 14 (fourteen) calendar days since the date of receipt of the respective payment from the Customer.
- If the Customer declines the Company Services and the Company refunds him the amount paid earlier, the fee due to be paid to the Affiliate is subject to adjustment in accordance with the latest changes, which includes the cancellation of the Affiliate’s fee for the recruitment of the relevant Customer.
- The funds withdrawal from the Affiliate’s Account is carried out on the basis of the Affiliate’s request made in the Personal Account. At the same time, the minimum amount for funds withdrawal from the Affiliate’s Account totals $20.
- The funds withdrawal from the Affiliate’s Account can be carried out in the following ways:
- To the electronic wallet of the “WebMoney” payment system.
- To the electronic wallet of the “PayPal” payment system.
- To the electronic wallet of the “Yandex.Money” payment system.
- To the Affiliate’s personal balance on the Web site used by the Affiliate in order to pay the Company Services. In case of a funds transfer to the Affiliate’s personal balance on the Web site the condition regarding the minimum amount for funds withdrawal specified by Clause 4.5 of the Program is not applied. At the same time, a retransfer of funds from the Affiliate’s personal balance on the Web site is not allowed.
- By other ways determined by the Company.
- Any commissions charged by the payment services for a funds withdrawal from the Affiliate’s account are paid by the Company.
- In case of any changes of the Affiliate’s payment details the funds withdrawal using the new payment details is possible not earlier than in 7 (seven) working days since the Affiliate’s payment details have been updated, and in any case provided that the conditions specified by Clauses 4.3., 4.4., and 4.5. of the Program are met.
- The Company has the right to set an additional fee for Affiliates above the fee specified in Clause 4.1. of the Program, as well as to provide bonuses for the Customers recruited by the Affiliate. The size and terms of such additional fee for the Affiliate and bonuses for the Customer are reflected in the Affiliate’s (Customer’s) Personal Account and are set at the sole discretion of the Company. Thus, the Affiliate is obliged to inform the Customers in advance about the conditions and terms of the bonuses provided by the Company (in particular, mentioning the relevant information when posting the Referral link on various Internet resources).
- Dispute settlement procedure
- Hereby, the Affiliate and the Company have established an extrajudicial dispute settlement procedure to resolve any disputes and disagreements arising from the application of the present Program. The deadline for responding to a submitted claim amounts to 10 (ten) business days since the date of its receipt.
- In case of a failure to reach agreement on controversial issues the dispute arising from this Program shall be subject to a judicial procedure in accordance with the current legislation of the Russian Federation at the location of the Company.
- The program action
- The present Program comes into force since the moment of its posting on the Internet on the Web site mentioned in Clause 1.1.1. of the Program.
- The present Program is implemented for an indefinite period and loses its force when it is canceled by the Company.
- In case of any changes in the Program such amendments will take effect since the publication of the Program new version on the Web site, unless a different date of their entry into force is specified additionally as soon as they are published.
- The Affiliate is obliged to monitor changes of the Program provisions on his own and he is responsible for any negative consequences provoked by non-compliance with this duty.
- If the Affiliate disagrees with the relevant changes, the Affiliate is obliged to refuse to participate in the Affiliate Program. Otherwise, the continuation of participation in the Affiliate Program means that the Affiliate agrees with the terms of the Program laid down in the new edition.
- The current version of the Program is posted on the Web site at: https://de.archivarix.com/affiliate/.
- The present Program was compiled in Russian. In case of any discrepancies between the Russian version of the Program and the Program version translated into another language the provisions of the Program written in Russian will have priority and direct application.