THE OFFER FOR PROVIDING SERVICES TO PARTNERS OF TRAFICBANK.COM
This document (hereinafter - the Offer) determines the order of providing information services, as well as mutual rights, obligations and relationship between TraficBank LLC, hereinafter referred to as the "Provider", and a legally capable adult consumer of information services, a user of the traficbank.com website (hereinafter - Partner), who accepted the Partner Terms of Sale of Authors' Products and/or Services at the website. 1. TERMS
For the purposes of the Offer, the following terms apply:
1.1 Website - a set of results of intellectual activity (software, photos, videos, etc.) located on the Internet under the unique domain name traficbank.com, through which the Contractor provides information services under the Offer.
1.2 Goods - services and/or digital/information products of the Author, which he sells through the Website. Products are divided into the following types: electronic books and manuals, training courses (text, audio and video), paid access to the Site (membership), and their subtypes
1.3 User means a legally capable individual over the age of 15 years, registered on the Site in accordance with the User Agreement, available on the Site at https://traficbank.com/agreement-en
1.4 Author - a user of the Site who has posted information about his/her Product(s) on the Site.
1.5 Administrator - an individual, a representative of the Contractor, which has the authority to make decisions on complaints from users of the Site. Administrator is guided in its activities by internal conviction and is not responsible for the actions of users of the Site, and performs preliminary examination of materials of Authors and Partners uploaded to the Site. Communication with the Administrator is carried out by e-mail firstname.lastname@example.org
1.6 Content - the results of intellectual activity that make up the content of the Site.
1.7 Buyer - an individual who has visited the Website with the intention to purchase or has purchased the Author's Product.
1.8 Affiliate System - terms of sale of the Goods, drawn up by the Author, placed on the Site.
1.9. Account - is a personal account (section on the Website) of the User, by means of which the sale of Goods is managed. Every User gets an Account after registering on the Website. After registering an Account - for free, which can be changed into another (paid) Account at any time, in accordance with the conditions which are stated on the Website in the section "Account Switching" (https://app.trafficbank.com/account/premium
). 2. GENERAL PROVISIONS
2.1. This Agreement has the nature of public offer according to article 633 of the Civil Code of Ukraine, is an equivalent of bilateral agreement and, in accordance with the current legislation of Ukraine, is duly enforceable from the moment the user fully and unconditionally accepts the terms of this Agreement (Offer) and its Annexes. This Agreement is public, its terms are the same for all users.
2.2 Acceptance of Partner's terms and conditions of the Author on the Website (by pressing the "Become a Partner" button on the Website) means full consent of the Partner to the Offer.
2.3 Acceptance of the Offer also means unconditional acceptance by the Partner of the terms of the User Agreement and all its attachments, i.e. provisions of the User Agreement are applicable under the Offer.
2.4. After pressing the button "Become a partner" on the Website the Partner receives affiliate links to the page of Goods and to the page of payment for Goods. These links are always located in the account section "I am the Partner".
2.5 Both the website and the Provider are not a payment system within the meaning of the Law of Ukraine "On Payment Systems and Funds Transfer in Ukraine" of April 5, 2001 ¹ 2346-III
2.6 All cash transactions of Authors and Buyers shall be performed through the payment acceptance systems "Interkassa" (https://www.interkassa.com
), "Tranzzo" (https://tranzzo.com
) and others. Acceptance of the Offer means full and unconditional acceptance by the Partner of the payment transfer terms of the specified systems.
2.7. Contractor has the right to unilaterally change conditions of the Offer at any time. Partner is obliged to familiarize himself with the current version of the Offer which is always available on the Website at: https://traficbank.com/offer-affiliates
. Changes in the Offer come into force from the moment of their publication on the Website.
2.8. Executor has the right at its own discretion to refuse to provide services to Partner in case of complaints against him from the Website Users. 3. THE SUBJECT OF THE OFFER
3.1 Contractor renders the following information services to the Partner, and the Partner is obliged to accept the services and pay for them:
3.1.1 Provides information space on the Website for the sale of Goods through the Partner's links.
3.1.2 Provides intermediary services to accept payments for the Goods.
3.2 The Executor shall have the right to engage third parties to provide services under the Offer while remaining responsible for their actions to an Introducing Broker. 4. PARTNER'S CAPABILITIES
4.1. a Partner has a right to "Refuse Partnership" at any time by pressing the relevant button on the Website.
4.2 The Partner can promote the Goods by means of "Promotional materials" prepared by the Author. To do this, it is necessary to copy the code of the material in the appropriate section on the Website and paste it to his page on the Internet (website, forum, blog, etc.), through which the Partner promotes the Author's Goods.
4.3 The Partner has the opportunity to add an "affiliate bonus" for purchasing the Author's Goods. To do this, he shall click on the button "Add Bonus" under the Partner's Goods and enter the text (what the bonus is about) in the window that opens on the Website. The Partner shall have the right to determine the type of bonus himself.
4.4 The Partner has no right to create an Account for the purpose of purchasing other people's Goods with an affiliate discount for his/her own needs. In case of detection of such fact the Administrator has the right to cancel the transaction and block the Partner's Account without explanation.
4.5 The Author shall not post and the Partner shall not promote information about the Goods on the Website:
4.5.1. which violate the legislation of Ukraine, including international agreements.
4.5.2. do not comply with provisions of the Agreement and common sense.
4.5.3. which are malicious computer programs.
4.5.4. which violate intellectual rights.
4.5.5 Containing information about other Authors and Buyers of the Website.
Containing information about users of the WebMoney Transfer payment system.
4.5.7 Containing software and/or services which provide "spoofing" (autosurfers, autocollectors, autoclickers, etc.).
4.5.8. Containing e-mail addresses and SMTP (POP3) servers (e-mail databases, spam lists, Skype contacts, phone numbers).
4.5.9. which are software designed to collect e-mail addresses or to perform mass mailing of e-mails (to Internet bulletin boards, forums, blogs, etc.).
4.5.10. The name, description of which contains advertising of third-party Internet resources (stores, trading platforms, etc.).
4.5.11. Duplicates the Goods already added to the catalog on the Website.
4.5.12. The origin and rights to which the Author cannot confirm, the Administrator checks.
4.5.13. Using the Site as an exchange point.
4.5.14. Does not comply with the rules of the Website, performed in poor quality, as well as containing information taken from public sources.
4.6 It is forbidden to promote at the Website information about Goods, sales pages (Author's sites) of which are placed on free domains and hosting sites.
4.7 It is forbidden to promote information about Goods with direct promises of fast enrichment and misleading Buyers, as well as information about which does not correspond with reality. 5. PAYMENT
5.1 All settlements with Partners are made on the basis of current methods, tariffs and terms listed on the page "Withdrawal of funds".
5.2 Partner receives funds upon successful sale of the product to the account in his personal cabinet. The amount of money received for each sale shall be determined by the Author as a commission. The Author may change the amount of commission at any time at his/her own discretion.
5.3 The commission shall be included in the final price of the Goods communicated to the Buyer. The Contractor accepts payment from the Buyer and transfers to the Partner's balance, the commission indicated by the author. In fact, the funds remain in the Contractor's custody until the withdrawal of funds in accordance with clauses. 5.5.-5.6.
5.4 The amount of Partner's remuneration for the sale of Goods is determined by the Author and indicated in the Partner's system. The amount of remuneration for the sale of Goods is indicated in the Partner's Account in the tab "I am a partner" - "Information".
5.5 The funds transferred by the Buyers for the Goods are paid to the Partner on request to his e-wallet in the systems "Qiwi", "Yandex Wallet", "Payeer", "Okpay" or a bank card. Current methods, terms and tariffs for withdrawal of electronic funds are always on the page of withdrawal in the Account.
5.6 In order to receive money, the Partner shall order its withdrawal in his/her Account
5.7. The Executor has a right to block funds on the Partner's balance as well as to apply other sanctions for violations provided by the User Agreement and/or the Offer.
5.8. The Executor shall have the right to return the funds to the Customer in the following cases:
5.8.1. the Executor has received a justified complaint from the Buyer (in this case, the funds shall be returned to the Buyer by the Executor)
5.8.2 The payment system through which payment for the Goods was made, has made a refund and notified the Executor.
5.9 The Partner receives information about all returns in the personal cabinet. In the section of orders the returned order has the status "Rejected".
5.10. The Partner shall be obliged to declare his/her income to the state authorities and pay relevant taxes independently. The Executor is not a tax agent of the Partner.
5.11. All payments to Partners under the Offer are made subject to the commissions of the relevant payment systems, services and payment operators.6. LIMITATION OF LIABILITY
6.1. The Partner understands and unconditionally agrees that he/she is using the services exclusively at his/her own risk and that the services are provided to the Partner on "as is" and "as available" terms, namely the Provider does not declare or guarantee that
- the services will meet the requirements of the Partner;
- the services will be provided continuously, timely, safely and error-free;
- any information received by the Partner as a result of using the services will be accurate and reliable;
- defects in operation or functionality of any software within the Website will be corrected within the period expected by the Partner;
- Downloading of any materials and their obtaining in any other way with the help of the Website shall be performed at the sole discretion of the Partner at his own risk;
- advice or information in oral or written form received by the Partner from users of the Website and Buyers or with the help of services does not provide any guarantees, not explicitly expressed in these terms.
6.2. By accepting the provisions of the Offer the Partner clearly understands and unconditionally agrees that the Contractor shall not be liable to the Partner for:
- Any direct, indirect, incidental, special, indirect and punitive losses incurred by the Partner while using the Website. Such losses include, but are not limited to, loss of profit (both direct and indirect), damage to business reputation and other types of intangible damage, loss of data, costs for acquisition of substitute goods or services;
- any losses or damages caused to the Partner, including losses and damages resulting from the Partner's reliance on completeness, accuracy or reliability of any advertising information or as a result of cooperation or transaction between the Partner and any advertiser or sponsor whose advertising materials the Partner received as a result of using the Website;
- Breach of confidentiality due to the fault of the Partner of the password to the personalized access to the Website;
Limitation of the Contractor's liability shall be valid irrespective of the fact whether the Contractor was aware of the possible damage of the Partner. 6.4.
Placing the Content and/or information about Goods on the Website, the Partner undertakes to adhere to the legislation of Ukraine and all countries for which the products promoted by the Partner are intended. In case of violation of the conditions of this paragraph by the Partner, the Contractor reserves the right to delete any information about the Goods from the Website without prior notification of the Partner.
6.5. Placing information about Goods, the Partner takes full responsibility for reliability, honesty and timeliness of such information, including, but not limited to, the Partner shall be responsible for:
- conformity of Goods declared by the Partner on the Website, to the legislation of Ukraine and any of the countries for which the Goods are intended;
- correspondence of Goods of the Partner, information about which is placed on the Website, with declared quality.
- any material claims of consumers of Partner's Goods, presented to the Contractor. 7. SANCTIONS. ACCOUNT BLOCKING
7.1. The Executor has the right to unilaterally extrajudicially terminate the Offer with a Partner and stop providing services to him in the following cases:
7.1.1. in case the Executor reasonably considers that Partner carries out illegal activities, violates current legislation of Ukraine and/or international standards.
7.1.2 In case the Partner has opened an Account for the purpose of purchasing goods produced by other people at an affiliate discount. If such fact is revealed, the Executor has a right to cancel the transaction for the Goods and block the Partner's Account without explaining the reasons.
7.2 The Executor has the right to impose penalties on the Partner in the following cases:
7.2.1. for sending SPAM through the Site's services. For single violation of this paragraph the Administrator shall issue a warning to the Partner; for repeated violation the Administrator shall have the right to apply a penalty; for the third violation and in case of receipt of a complaint about SPAM from a provider the Administrator shall have the right to block the Partner's Account without possibility of recovery, in this case the funds from the Partner's account on the Website shall be written off in favor of the Contractor.
7.2.2 For sending SPAM advertising third party services (websites). For a single violation of this paragraph the Administrator has the right to apply a sanction in the form of a fine; for repeated violation - to block the Partner's account without the possibility of recovery, in this case the funds from the personal account of the Partner at the site are subject to debiting to the Contractor.
For sending SPAM on behalf of "TraficBank". For a single violation of this paragraph the Administrator has the right to apply a sanction in the form of blocking the Account without the possibility of recovery.
7.2.4. for acquiring Goods (services) via its affiliate link. The Administrator shall be entitled to impose a sanction in the form of a warning (with rejection of partner remuneration) for a single violation of this provision; a repeated violation entails the rejection of all partner remuneration and a fine; the third violation is followed by blocking of the Account without possibility to restore it, with the funds from the Partner's personal account at the Website to be written off to the Contractor.
7.2.5. for piracy (illegal use of intellectual property objects). In case of a single violation of this provision the Administrator has the right to impose a sanction in the form of a fine equal to 10 times the value of the Author's Goods; in case of a repeat violation it is necessary to block the Account without the possibility of recovery, whereas the funds from the Partner's account at the Website are subject to be written off in favor of the Contractor.
7.2.6. for disrespectful treatment of the Users, the Administrator and/or other representative of the Executor. In case of a single violation of this paragraph the Administrator has the right to apply a sanction in the form of a warning; a repeated violation entails a fine; a third violation is followed by blocking of the Account without possibility to restore it, in this case the funds from the Partner's personal account at the Website are to be written off in favor of the Contractor.
7.2.7. for fraud. In case of one violation of this paragraph the Administrator has the right to apply a sanction in the form of blocking of the Account without possibility of recovery, in this case the funds from the personal account of the Partner at the Website are subject to be written off in favor of the Contractor.
7.2.8. for the exchange of Buyer's bases, information about which the Partner received through the Website. For each violation of this paragraph the Administrator has the right to apply a sanction in the form of a fine
7.2.9 For installation and use of third-party scripts/software to generate affiliate traffic. The Administrator shall be entitled to sanction in the form of a fine for a single violation of this paragraph. The repeated violation leads to blocking of the Account without possibility to restore it.
7.2.10. For the Authors' substitution of ordinary links on their selling website with affiliate links (or for other manipulations with affiliate traffic). The Administrator shall be entitled to impose a fine for a single violation of this paragraph. In case of repeated violation, the account is blocked without the possibility to restore it and without the possibility to withdraw money from the account. 8. USE OF ELECTRONIC SIGNATURE
8.1 Any action of the Partner using login and password to the Account confirms the fact of formation of simple electronic signature directly by the Partner. The simple electronic signature is a combination of login and password and confirms that the electronic message is sent by a specific person.
8.2. Electronic documents signed with simple electronic signature are recognized as equivalent to the documents on paper media signed with handwritten signature.
8.3. The Partner undertakes to keep confidentiality of his electronic signature (not to transfer his login and password or provide access to the Account to third parties) and is fully responsible for its safety and individual use, independently choosing the way of their storage and restriction of access to them.
8.4. in case of unauthorized access to the login and password, their loss or disclosure to third parties the Partner shall be obliged to immediately inform the Contractor about it by sending an e-mail from the e-mail address specified in the Personal profile of the Company. 9. INTELLECTUAL PROPERTY
9.1 All objects on the Website, including design elements, text, graphics, illustrations, video, computer programs, databases, music, sounds and other objects are the objects of exclusive rights.
9.2 No intellectual property objects and any Content posted on the Website may be used without prior written permission of the right holder. Irrespective of whether the corresponding actions are performed for the purpose of making profit or without such purpose.
9.3. By posting the Content in any place on the Website the Partner grants the Contractor a non-exclusive right to use the Content by copying, public performance, reproduction, processing, translation and distribution for the purposes of functioning of the Website or in connection with them, including for its popularization, free of charge. The right specified herein shall be granted for the entire term of protection of the exclusive right and shall extend to the territory of all countries of the world. The Executor can produce derivative works or insert the Content of the Partner as constituent parts to the corresponding collections, perform other actions serving to achievement of the specified purposes.
9.4. the Partner is granted a personal non-exclusive and non-transferable right to use the software of the Website, provided that neither the Partner himself, nor any other persons with the assistance of him will copy or modify the software; create programs derived from the software; penetrate into the software to obtain the software codes; sell, cede, lease, transfer to third parties in any other form the rights to the software provided to the Partner within the framework of the Agreement.
9.5 By placing the Content on the Website the Partner transfers to the Contractor the right to make copies thereof, the right to keep archive copies of the Content for an indefinite period.
9.6. Claims from third parties to the Contractor on the fact of violation of any property and personal non-property rights of authors and right holders in connection with placement of any Content by the Partner, the Partner undertakes to settle by his own efforts and at his own expense, and also to compensate to the Contractor all the costs and losses incurred by him in connection with such violations. 10. PROCEDURE OF CONSIDERATION OF CLAIMS AND DISPUTES
10.1 All disagreements or disputes between the parties of the Offer should be settled through pre-judicial negotiations, by sending letters of claim. The term of reply to a claim is 10 (Ten) working days. Claims of the Partner under the Offer are accepted and considered by the Contractor only in writing.
10.2 The legislation of Ukraine is applied to the relations of the parties under the Offer.
10.3. If the agreement, for whatever reason, is not reached during the pre-trial proceedings, the dispute arising from the Offer is to be considered in the court of Ukraine 11. DETAILS OF THE EXECUTOR:
TraficBank LLC. Legal address: 65082, Ukraine, Odessa, Nekrasova per. 7. Office 5