The present Agreement is made between https://comunity.partners
(hereinafter referred to as “Affiliate Network /We/Us/ Our”) and the Publisher (hereinafter referred to as
Publisher/You/ Yours).
Affiliate Network provides for use and operates an Affiliate Network on the https://comunity.partners domain. The participants of the Affiliate
Network are Advertisers, Publishers, and Affiliate Network. Publishers are individuals or legal entities
that provide space for advertisements on their Ad Spaces. To participate in the Affiliate Network, the
Publisher agrees to unconditionally abide by these Terms.
Please read this Terms carefully before using the Service. By accessing or using the Service, you agree
that you have read, understood, and agree to be bound by this Terms, and to the collection and use of your
information as set forth in our Privacy Policy, whether or not you are a registered user of our Service.
This Terms applies to all Customers, visitors, users.
1. General provisions
- 1.1. To participate in the Affiliate Network, the Publisher submits a registration form on the
registration page of the https://comunity.partners domain.
- 1.2. Registration is available to persons who have reached the age of 18.
- 1.3. If these terms are met, the Publisher receives a confirmation letter to the e-mail address
specified by him/her upon registration. Further, the participant must complete the registration process
in order to be able to work in the Affiliate Network.
- 1.4. Affiliate Network reserves the right to deny the Publisher to participate in the Affiliate
Network with no reasons given.
- 1.5. After completion of the registration process and activation of the account, the Publisher may use
the services of the Affiliate Network. The Publisher may change the data provided upon registration in
his/her personal account. The exception is his/her login.
- 1.6. These Terms shall prevail over any terms provided by the Publishers.
2. Participation in Partner Programs
- 2.1. All Ad Spaces that comply with applicable laws and regulations of this Public Agreement, Privacy
Policy and have been approved by Affiliate Network moderators are allowed to participate in the
Affiliate Network.
- 2.2. Publishers participate in the partner programs and incorporate the Advertisers' Ad Media into
their Advertising Space. When a user arrives at the Advertiser's website through an Ad Creative placed
on the Publisher's Ad Space and makes there a Deal that ends with payment, the Publisher's advertisement
shall be considered successful and the Publisher shall receive a pre-agreed reward. A “Deal” means an
action that gives the Publisher the right to receive the reward. These can be actions such as buying
goods, ordering and/or purchasing services, registering, subscribing to newsletters, etc. The essence of
the Deal paid in the form of a reward by the Advertiser shall be specifically defined in the description
of each program. A combination of several types of Deals is also possible.
- 2.3. In submitting their application for a partner program, Publishers accept any additional
conditions for participation, which are displayed in the context of each program. These conditions will
become an integral part of this contract.
- 2.3. Advertising spaces shall be excluded at once if they force the visitors to complete transactions
such as forced clicks, forced sending of paid text messages, and other similar methods. Advertising
spaces in the development stage and that buy traffic in active advertising systems, buxes, and other
similar systems are also prohibited. Affiliate Network reserves the right to request data on the source
of traffic and demand access to the statistics of an advertising space. In this case, the publisher
shall submit the requested data within fourteen (14) days, otherwise
- 2.4. Only the Advertiser shall make the decision to admit the Publisher to the partnership. The
Publisher does not have a legal basis for obtaining such an admission if the opposite decision was made.
- 2.5. Affiliate Network shall have the right to request from the Publisher documents and data necessary
to confirm the validity of information about the Publisher. By accepting these Terms, the Publisher
agrees that s/he will, consciously and with unequivocal consent, provide data to Affiliate Network. The
Publisher's refusal to provide data is considered as a refusal to participate in the Affiliate Network.
- 2.6. Affiliate Network reserves the right to cease advertisement broadcasting on the partner site
and/or take additional measures to protect the interests of the Advertiser advertising in the
Publisher's space.
3. Publisher's Responsibilities
- 3.1. Publisher acknowledges and agrees that strict compliance with Publisher’s obligations set forth
in this Agreement and with the directions of Affiliate Network is a necessary pre-condition to payment
of commissions to Publisher under this Agreement.
- 3.2. The Publisher undertakes to strictly store his/her data (login and password) for access to the
Affiliate Network and not allow the transfer thereof to third parties. The Publisher is solely
responsible for the safety of the login and password.
- 3.3. When using Ad Creatives on the Ad Space, the Publisher undertakes not to violate the rights of
the third rights holders to the trademark, brand, personal rights and other rights without the
permission of the rights holders in accordance with the current legislation. The Publisher agrees not to
use on his/her Ad Space the content that violates applicable laws or leads to pages that violate
applicable laws. When emailing promotional materials containing the Advertisers' Ad Creatives, the
Publisher is prohibited from using spam. To send promotional materials by email the Publisher must
obtain the consent of each recipient and provide Affiliate Network with the relevant evidence upon
request.
- 3.4. The Publisher agrees not to take any action that affects the operation of the Affiliate Network.
Such actions include the attempts to technically influence the efficiency of the servers of the
Affiliate Network, the attempts to hack the security mechanisms, to use viruses, trojans, and other
malicious programs for any purpose. This shall also include brute force attacks, DoS (DDoS) attacks,
spam, the use of links and any other processes that may damage the operation of the Affiliate Network.
- 3.5. The Publisher may have only one account. One account per one individual or one account per one
legal entity may be created. If an individual performs official duties on the staff or for a legal
entity that has an account in the Affiliate Network, then it is prohibited for him/her to create a
personal account as an individual to perform his/her official duties for the legal entity.
- 3.6. The Publisher undertakes to thoroughly study and execute the Programs Terms and refer to them
during the entire period of placement of the Ad Creatives. The Publisher agrees that if s/he fails to
perform this duty, his/her access to the relevant program may be suspended. In case Affiliate Network or
the Advertiser suffer losses caused by the publisher’s violation of the Program Terms, the relevant
amount will be deducted from the Publisher's account. In the absence of funds on the Publisher's
account, the Publisher undertakes to reimburse such losses at the request of Affiliate Network within 10
days.
- 3.7. Publisher agrees that the content of Publisher’s Website shall be appropriate and legal, and
shall not contain:
- infringe the intellectual property rights, rights of privacy or any other rights whatsoever of any
third party;
- malware, materials containing viruses or other computer codes, files or programs designed to breach,
destroy or limit the operation of any computer or telecommunication equipment or software;
- materials, that promote violence, racial, national, political, religion intolerance, or advocacy
against any individual, group, or organization. The call for change the political system of a
sovereign state, participation in terrorist organizations;
- materials, that promote drugs, or any related paraphernalia, weapons and other prohibited and
illegal goods or services, etc.
- 3.8. The Publisher hereby undertakes to refrain from attacks of any kind on the Affiliate Network.
Attacks are, without limitation, defined in particular as attempts made to overcome or circumvent the
security mechanisms of the Affiliate Network or to otherwise incapacitate them, using computer programs
enabling automatic data readouts, as well as using and/or circulating viruses, worms, Trojans, brute
force attacks, spam or using other links, programs or procedures that are suited to damage the Affiliate
Network or individual participants in the Affiliate Network.
- 3.9. Publisher acknowledges and agrees that it is solely responsible for all published advertising
materials which will be used during the advertisement campaign.
4. Commission
- 4.1. The Publisher shall receive a reward from Affiliate Network, which directly depends on the
success of his/her advertising campaigns.
- 4.2. The amount of the Commissions in each individual case, and the type of business transactions
entitling to the payment of Commissions, shall depend on the respective Advertiser's partner program.
The Advertiser may modify the conditions of the partner program or terminate the entire program with
effect for the future. Publishers shall not demand a program being operated at all or at certain
conditions. Applying to participate in the program, you acknowledge that you agree with the applicable
rates.
- 4.3. Affiliate Network, at its sole discretion, may change the partner commission plan or eligible
Services.
- 4.4. Except for the established remuneration due, the Publisher is not entitled to compensation of any
costs related to the use of third party services or software that is not provided by the Affiliate
Network partner even if these costs are related to its advertising activity within the Affiliate
Network.
- 4.5. The entitlement to payment of the Commissions is constituted by the following premises:
- A business transaction between a customer and an Advertiser has been effected via the Advertising
Space;
- The business transaction has been tracked by Affiliate Network;
- The transaction has been approved by the Advertiser and has been confirmed by Affiliate Network and;
- Affiliate Network only provides remuneration based on requests that were duly submitted by the
established payment deadline.
- 4.6. Affiliate Network maintains an internal settlement account for any publisher where it records all
remuneration operations. The minimum amount of remuneration provided is $50. When this minimum amount
has accumulated on the account, the Publisher may apply to receive the payment on its Dashboard, and
Affiliate Network will transfer the amount to the account predefined by the Publisher. If the Publisher
does not apply for payment, the remuneration accumulates on its account and may be withdrawn on any
other payment date.
- 4.7. Regardless of the payment date, no interest is awarded on the amount of remuneration on the
Publisher's account in the Affiliate Network.
- 4.8. Except for the agreed reward, the Publisher is not entitled to reimbursement of costs incurred
for the bank transfer, for the use of third-party services or programs that are not provided by the
Affiliate Network, even if these costs are related to his/her advertising activities within the
Affiliate Network.
- 4.9. The Publisher is notified and agreed that Affiliate Network has the right to pay the Publisher a
reward only after the Advertiser wires a payment for the provided services to the Affiliate Network
settlement account.
- 4.10 The Publisher undertakes the full responsibility for provided payment information and confirms
that it is true, complete and accurate. All payments will be made with the use of this payment
information. Affiliate Network is not obligated to take steps to verify the accuracy of payment
information provided by the Publisher.
- 4.11. The Publisher will immediately repay any amounts paid to the Publisher in error, or other than
in accordance with the Publisher’s rights under this Agreement.
5. Misuse
- 5.1. Any form of misuse, i.e. procuring business transactions by unfair methods or inadmissible means
that violate applicable law, these General Business Terms and Conditions for Publishers or the principle
of the Affiliate Network, is prohibited.
- 5.2. In particular, Publishers are prohibited from attempting to obtain Commissions by procuring
business transactions themselves or through a third person using the Ad Media, tracking links and/or
other technical aids provided to them in the context of the Affiliate Network using one or several of
the following methods:
- a) Fraudulently pretending or faking business transactions, for example by entering third party data
without authorization, or by providing false or non-existing data when ordering goods or registering
online;
- b) Using advertising methods that make it possible to register a paid activity but force the visitor
to perform such actions by means of deception, blackmail, and any other actions infringing the freedom
of choice of the visitors;
- c) Using data of an advertiser or a third party protected by a registered trademark, copyright, and
other legally registered proprietor rights in any type of advertising without the written permission
of these rights holders. Affiliate Network reserves the right to demand such written permission to be
presented within five (5) calendar days;
- d) Using advertising materials, including the brand, of one advertiser to promote the site of
another advertiser;
- e) Using any technologies or types of cookie stuffing (cookie dropping). Use of scripts adding
cookies to the sites that have not been visited or viewed by the User is prohibited. It is prohibited
to delete, rearrange, and replace the User's cookies with any other cookies, which do not belong to
the sites viewed by the User, including cookie replacement with the help of popups, iframes, and
inserting a third party page address as a picture on the existing site;
- f) It is prohibited to register and/or use domains similar to advertisers' domains for promotion.
6. Limitation of Liability
- 6.1. Affiliate Network will not be held liable for the content of websites of third-parties, nor shall
it be liable for any damages or other failures resulting from any defects of the participants' software
or hardware or their incompatibility with the Affiliate Network system; Affiliate Network will also not
be liable for damages resulting from the fact that the Internet was not available or malfunctioning.
- 6.2. Apart from that, Affiliate Network will be held liable only under the following circumstances,
regardless of the legal grounds:
- a) If one of its legal representatives or executives or other vicarious agents has acted
intentionally or grossly negligently;
- b) In the event of any culpable breach of an essential contractual duty of delayed performance or
the impossibility of performance, in each case based on the respective merits. The expression
"essential contractual duty" describes a duty in the abstract, the fulfillment of which is an
essential pre-requisite for the due implementation of the agreement, and that is a duty on whose
fulfillment the respective other party can rely as a general rule.
- 6.3. Affiliate Network shall not be liable for any damage or interference caused by the content of
third party web pages, software errors or hardware of participants of the Affiliate Network, or for
damage caused by insufficient availability or the limited functionality of the Internet.
- 6.4. Should a third party pursue any claim, lawsuit or demand as a result of you using our services,
violating our Affiliate Agreement, you violating any of their rights or any other act or omission by
you; you hereby agree and accept the responsibility to defend and hold us and our affiliates harmless.
- 6.5. Should the use of the website, or information provided on the website, be connected in any way to
any direct, indirect, punitive, incidental, special or consequential damages, we accept no
responsibility and will not be held liable.
- 6.6. Should the use of, or the inability to use, the website or any of its materials result in any
actions or decisions, we accept no responsibility and will not be held liable for any connected damages.
- 6.7. We accept no responsibility for the transmissions, content or links of any other website that is
linked on our website.
- 6.8. Should our Affiliate Program be used unethically, inappropriately, illegally or in any other
wrongful manner, our affiliates, partners and ourselves will accept no responsibility and will not be
held liable. All responsibility for disciplinary or legal consequences or action is yours and only
yours.
- 6.9. Malfunctions of any Internet service provider or mail provider that result in delays or technical
difficulties are not our responsibility and we will not be held liable.
7. NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE
SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES, AND OUR LICENSORS DO NOT
WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR
SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8. CONFIDENTIALITY
- 8.1. Each party agrees that it will not disclose any Confidential Information of the other party to
any third-party, and that it will not use Confidential Information for any purpose not permitted under
this Terms of Use. Each party will protect the Confidential Information of the other party in the same
manner that it protects its own confidential and proprietary information, but in no event shall such
protection be less than a reasonable standard of care.
- 8.2. The Parties agree that if disclosure is made to their professional advisors, auditors or bankers
this shall be done subject to each Party procuring each such recipient’s agreement to keep such
information confidential to the same extent as if such recipient were Party to this agreement.
- 8.3. The foregoing obligations shall not apply to the extent Confidential Information of a disclosing
party: (a) must be disclosed by the receiving party to comply with any requirement of law or order of a
court or administrative body including any applicable stock exchange (provided that each party agrees to
the extent legally permissible to notify the other party upon the issuance of any such order, and to
cooperate in its efforts to convince the court or administrative body to restrict disclosure); or (b) is
known to or in the possession of the receiving party prior to the disclosure of such Confidential
Information by the disclosing party, as evidenced by the receiving party’s written records; or (c) is
known or generally available to the public through no act or omission of the receiving party; or (d) is
made available free of any legal restriction to the receiving party by a third party; or (e) is
independently developed by the receiving party without use of any Confidential Information.
- 8.4. The provisions of Article 8 are valid for 5 years from the termination of this Agreement.
9. TERMINATION OF THE AGREEMENT
- 9.1. Both parties have the right to withdraw from the Terms at any time. Should either of the parties
exercise its own right of withdrawal, it will inform the other via e-mail.
- 9.2. Affiliate Network may terminate the Service or partial account blocking or Full account lockout
with all means, suspending or completely stopping the existing site without prior notice or liability,
for any reason or for no reason, including without limitation, if you breach any of the terms or
conditions of this Terms. Also, any communication with the account owner may be terminated at the
discretion of the administration in cases of disrespect, use of threats or profanity in dialogues with
Support: in the ticket system, e-mail, skype or any other method of communication.
- 9.3. Publisher may terminate the agreement by using the "delete account" link in the Affiliate Network
Interface.
- 9.4. Upon termination of your account, your right to use the Service will immediately cease.
- 9.5. All provisions of this Terms, which by their nature should survive termination, shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and
limitations of liability.
10. FINAL PROVISIONS
- 10.1. Affiliate Network reserves the right to change the provisions of these Rules without
justification and at any time. Notification of changes can be sent by e-mail two weeks before their
entry into force. Publisher shall be solely liable for regular familiarization with these Rules.
- 10.2. The rights and duties under the present agreement may only be transferred with the prior written
consent of Affiliate Network.
- 10.3. Should any individual provision of these General Business Terms and Conditions be of no effect,
as a whole or in part, this shall not affect the validity of the remaining provisions. The invalid
provision will be deemed replaced by that provision that is legally effective and comes closest, in the
usual understanding, to the economic intent and purpose of the invalid provision. The same applies to
any unintentional omission.
- 10.4. Publisher shall immediately notify Affiliate Network of the commencement or threatened
commencement of any action, suit or proceeding, or of the issuance or threatened issuance of any order,
writ, injunction, award or decree of any court, agency or other governmental instrumentality involving
Publisher or its activities under this Agreement or which may affect Partner’s ability to perform its
obligations hereunder.
- 10.5. To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or
dispute that may arise between you and us, are governed by the laws of the Canada without regard to
conflict of law provisions.
- 10.6. To use the services of the Affiliate Network, it is required to use certain technical means and
software packages, telecommunication networks and services of third-party organizations. Affiliate
Network shall not be liable for the resulting costs, possible damages, and interference.