Partnership Agreement
This Agreement supplements the terms outlined in the Terms of Service Agreement.
Additional Terms and DefinitionsPartner | — | An individual who has reached the age of 18 years, with whom the Website Administration has an agreement for promoting the Website on the Internet in exchange for a percentage of the profits received. |
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Affiliate Program | — | Financial incentive for Partners aimed at attracting Users to the Website, which involves the allocation of a portion of the profit received by the Website Administration to the Partner. |
Affiliate Link | — | Unique URL within the Website's address space, by following which, the User can be unambiguously identified as invited by the Partner. |
This Agreement is not a public offer.
- The subject of the agreement is as follows
- The Partner undertakes, at the request of the Website Administration, to provide services for placing Affiliate Link on the Internet with the aim of attracting Users to the Website.
- The Partner provides services both by placing the Partner link on the Internet and by other methods not prohibited by law, taking into account the limitations specified in clause 4 of this Agreement.
- The size of the Partner's income depends on the volume and quality of services provided by the Partner within the framework of this Agreement.
- The Partner is not a representative of the Website Administration. When providing services under this Agreement, the Partner acts on their own behalf.
- The Administration, under the terms of a non-exclusive license within the territory of access to the Personal Account and its functions, for the period during which the Personal Account and its functions remain accessible to the Partner, grants the Partner the right to use:
- The Website, Personal Account, and their functions for their intended purpose, including by accessing the Website and Personal Account through personal computers and mobile devices and using the explicit functions of the Website and Personal Account;
- Materials provided to the Partner in the Personal Account for the purpose of providing services by the Partner under this Agreement, by using them together with Partner links and in any other way, but only for the purpose of providing services to the Administration under this Agreement.
- Partner Registration Procedure
- After registering on the Website, the User sends a request to the Administration for access to Partner functions.
- The request is sent to the address partner@easywin.today and must contain the following information:
- email address used during User registration on the Website;
- a description of the information distribution channels through which the User plans to attract Users to the Website within the Affiliate Program;
- a description of the quantitative and qualitative characteristics of the audience of the specified information distribution channels;
- any other information that the User deems necessary to provide.
- If the Administration and the User agree to all the terms of cooperation, the User is granted Partner status.
- The Cooperation Procedure
- Upon joining the Affiliate Program, the Partner is provided with unlimited access to the Website's services within the framework of the maximum existing Subscription Plan for the entire collaboration period.
- As part of the cooperation in the Affiliate Program, the Partner is granted extended access to the Personal Account, where the Partner independently receives information about the number of Users invited to the Website, information about income and reward payments within the Affiliate Program.
- When providing services under this Agreement, the Partner uses the Affiliate Link or other materials posted on the Website.
- The Partner is not entitled to in any way modify the Affiliate Link provided in the Personal Account for the purpose of providing services under this Agreement. The Partner bears all risks of the impossibility of accounting for attracted Users to determine the Partner's reward amount in case of using an incorrect and/or modified Affiliate Link.
- The number of Users who have clicked the Affiliate Link, registered on the Website, and confirmed their email address is displayed in the Partner's Personal Account.
- The Partner understands that, for the purpose of determining the reward amount, only those Users who have clicked through the Affiliate Link and registered during the user session interacting with the Website after clicking are considered. The Partner also understands that, considering the technical features of user sessions, the ability to account for Users is available only if the User has not changed their browser, cleared cookies, or performed other actions that prevent their identification with the Affiliate Link. In case a User clicked on another Affiliate Link between clicking on the Partner's Affiliate Link and registering on the Website, such User is not considered for determining the Partner's reward amount.
- The Partner agrees to use the Website, Affiliate Link, and Personal Account in the form in which they are presented, without any warranties from the Administration. In the event of the Website's and/or Personal Account's non-functionality, or the Affiliate Link, or any part thereof, or the impossibility of registering on the Website, the Partner is obliged to immediately inform the Administration by any of the contact methods provided on the Website.
- The Partner may, at their own expense and risk, involve third parties in providing services under this Agreement. In this case, the Partner is responsible to the Administration under this Agreement for the actions of such persons.
- The Affiliate Program and its benefits may be suspended and/or terminated by the Administration in cases where the financial results of cooperation are considered unsatisfactory, about which the Administration notifies the Partner in advance by sending a message to the Partner's email or through other communication channels provided by the Partner.
- Unsatisfactory results of cooperation with the Partner are considered when the Administration's income from the Affiliate Program in the reporting month does not cover the costs incurred by the Administration for providing the Partner with free access to the Website's features and services.
- Service Provision Rules
- When providing services under this Agreement, the Partner undertakes to act in good faith, comply with the legislation of the country in which the Partner provides services, not violate the rights and freedoms of third parties, and adhere to ethical and moral norms.
- The Partner undertakes to cease providing services under this Agreement in cases where the provision of such services has led to or may lead to any adverse consequences for the Administration.
- In any case, the Partner must refrain from:
- Placing the Affiliate link on websites on the Internet that contain information whose dissemination is prohibited by international law, as well as on websites that incite violence and/or indulge in the development of racial, religious, and other discrimination, and/or contain materials that violate the rights and freedoms of third parties, including intellectual property rights;
- Using contextual advertising on behalf of the Administration in relation to the Affiliate link;
- Using in domain names of any level names of the services of the Website, as well as using the name of the Website and other means of individualization, the rights to which belong to the Administration.
- The Partner is prohibited from publishing inaccurate information during the provision of services under this Agreement, as well as misleading Users by representing themselves as the Administration. The Partner has the right to provide services only on their own behalf, without creating internet platforms duplicating the Website and representing the Administration on social networks.
- The Partner is prohibited from using materials, results of intellectual activity, and means of individualization during the provision of services under this Agreement, the rights to which do not belong to the Partner, or the rights to use them in a manner in which they are used when providing services have not been granted to the Partner.
- Financial Terms
- The Partner's remuneration is discussed and approved individually by the Administration with each Partner.
- The Administration reserves the right to unilaterally change the Partner's remuneration, either increasing or decreasing it, depending on the financial performance of the Partner. In the event of such changes, the Administration notifies the Partner in advance by sending a message to the Partner's email.
- The Partner's remuneration for the services provided under this Agreement is based on the amount paid by the User, attracted by the Partner to the Website, for subscribing to the current Subscription Plans, minus any promotional or other discounts provided to the User at the time of payment.
- Remuneration to the Partner is paid by the 5th day of each month following the reporting month, to the details provided by the Partner when joining the Affiliate Program.
- The reporting month starts on the first day of the calendar month and ends on the last day.
- In cases where, in the reporting month, the payment received from the User for the Subscription Plan allows a refund in accordance with the 'Refunds' section of the Terms of Service Agreement, the Partner's calculated remuneration for such payments is carried over to the next month.
- No remuneration is calculated or paid for payments for which a refund of funds has been made at the User's request.
- The Partner's remuneration amount is specified in the Personal Account and is calculated using the following formula: R = Rpp + Rrm – Rfrm, where:
- R — Partner's remuneration for the reporting month;
- Rpp — Unpaid balances for preceding periods before the reporting month;
- Rrm — The total Partner's rewards for the reporting month;
- Rfrm — The amount of frozen Partner rewards for the reporting month that will be transferred to the next reporting month.
- The fee required to process the payment of the Partner's remuneration, if applicable, is deducted from the amount of the Partner's remuneration to be paid. In the Personal Account, the list of completed payments displays the payment amount in full, and the amount of the paid fee is also shown.
- The Administration reserves the right, at its discretion, in some cases not to deduct the commission from the Partner's reward and to pay it from its own funds.
- If it is necessary to change the Partner's payment details, information about such changes is sent by the Partner to the Administration by sending a message to the email address partner@easywin.today.
- Prohibited Actions
- The Partner is not allowed to disseminate false, inaccurate, defamatory, and/or any other negative information about the Website and/or the Administration.
- The Partner is not entitled to disclose information about the individual terms of their cooperation with the Administration, namely:
- The Partner is not allowed to publish, disclose, or in any other way communicate information about the amounts of the Partner's remuneration and payments;
- The Partner is not allowed to publish, disclose, or in any other way communicate the percentages of the Partner's income received from the payments of Users for Subscription Plans;
- The Partner is not allowed to publish images of the Personal Account pages related to the Affiliate Program.
- Liability
- Violation by the Partner of the provisions of paragraphs 4 and 6 of this Agreement is a ground for termination of the Agreement unilaterally and termination of the Affiliate Program for the Partner. In this case, the Partner is subject to a penalty in the amount of such funds, specified in the Personal Account, which are subject to transfer to the Partner, and it is collected from the Partner in a non-acceptance manner.
- In case of violation of the terms of this Agreement by the Partner, international law norms, norms of morality, the Administration has the right to block or delete the Partner's Personal Account, prohibit or limit the Partner's access to certain or all functions of the Website, block the accounting of Users who have clicked on the Affiliate link.
- When cases of the Partner providing access to their Personal Account to third parties are identified, the Administration, at its discretion, applies the measures provided for in clause 8.1 of this Agreement.
- Violation of the terms of this Agreement by the Partner, resulting in adverse consequences for the Administration (damages, administrative and/or other liability, warnings from law enforcement and/or other executive authorities, claims by third parties), shall be the basis for applying the measures of liability specified in clause 8.1 of this Agreement to the Partner.
- The Administration is not responsible for the operability of the Website and does not guarantee its uninterrupted operation. The Administration also does not guarantee the preservation of information posted on the Website and in the Personal Account, as well as uninterrupted access to the Personal Account.
- The Partner uses the Website and Personal Account in the form in which it is presented at their own risk. The Administration does not guarantee the Partner any specific results as a result of using the Website.
- The Administration is not responsible for the losses incurred by the Partner as a result of:
- incorrect provision of payment details;
- the Partner's violation of this Agreement or other requirements posted on the Website and in the Personal Account.
- Intellectual Property and Restrictions on the Provision of Services
- The website and personal account contain intellectual property owned by the Administration, its affiliated entities, and other related parties, sponsors, partners, representatives, and all other persons acting on behalf of the Administration.
- By using the Website and Personal account, the Partner acknowledges and agrees that all content on the Website (Personal account) and the structure of the Website's content (Personal account) are protected by copyright, trademark rights, and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media, and for all technologies, whether existing now or developed or created in the future. No rights to any content of the Website, including, among other things, audiovisual works, text and graphic materials, computer programs, trademarks, are transferred to the Partner as a result of the collaboration between the Administration and the Partner, the execution of the Agreement, and the use of the personal account.
- Without prejudice to the universal nature of the above provisions, the Partner acknowledges that the Website and Personal account contain the results of intellectual activity, rights, and other materials of third parties, and that such rights belong to the respective owners, including the Administration. The Partner is prohibited from copying, modifying, altering, deleting, supplementing, publishing, transmitting the objects of exclusive and personal non-property rights contained on the Website and in the Personal account, creating derivative works, manufacturing or selling products based on them, reproducing, displaying, or otherwise exploiting or using such rights without the direct permission of their owners.
- To avoid any doubts, the Partner is prohibited from:
- Copying and/or distributing any information obtained on the Website, unless such functionality is expressly provided on the Website or such permission is granted in this Agreement;
- Using the information obtained on the Website and in the Personal Account for commercial purposes, profit extraction, or for unlawful purposes, except for Partner's activities within the framework of this Agreement;
- Copying or otherwise using the software part of the Website and Personal Account, as well as their design;
- Modifying the software part of the Website in any way, or taking actions aimed at altering the functioning and operability of the Website.
- Other Terms and Conditions
- The Website and/or Personal Account may contain links to other websites on the Internet (third-party websites). The Administration does not verify compliance with any requirements (accuracy, completeness, legality, etc.) of these third parties and the content of their websites. The Administration is not responsible for any information, materials posted on third-party websites, which the Partner gains access to when using the Website and/or Personal Account, including any opinions or statements expressed on third-party websites, advertisements, etc., as well as the availability of such websites or the information posted on them and the consequences of their use by the Partner.
- The Administration does not guarantee that the Website and/or Personal Account meets the Partner's requirements, that access to the Website and/or Personal Account will be provided continuously, quickly, reliably, and without errors.
- Software and hardware errors on the Website that lead to the Partner's inability to access the Website and/or Personal Account are considered force majeure circumstances and the basis for exemption from liability for the Administration's failure to fulfill its obligations under this Agreement.
- Changes to the Agreement and Termination of Cooperation
- The Administration reserves the right to unilaterally amend the terms of this Agreement. Such changes shall come into effect after 3 (three) calendar days from the date of publishing the new version of this Agreement.
- Upon each subsequent visit to the Website, prior to using the Personal Account, or no less than once every 3 (three) calendar days, whichever event occurs earlier, the Partner undertakes to review the new version of the Agreement. The continued use of the Affiliate Program and the Personal Account shall constitute the Partner's consent to the terms of the new version of the Agreement.
- If the Partner does not agree with the terms of the new version of the Agreement, they shall notify the Administration by sending an email to the address partner@easywin.today, cease using the Personal Account, refrain from providing third parties with access to the Affiliate link, and terminate the execution of the Agreement.
- The Administration reserves the right to unilaterally terminate this Agreement at any time by notifying the Partner through the Personal Account or via the Partner's email address. The moment of termination of the Agreement in this case is the moment of sending such notification to the Partner in the Personal Account or to the email address.
- Final Provisions
- If any provision of this Agreement is found by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions of this Agreement.
- The inaction on the part of the Administration in the event of a Partner's violation of the provisions of this Agreement shall not deprive the Administration of the right to take appropriate actions in the future to protect its rights and interests.
- The submission of an application by the User to participate in the Affiliate Program implies their familiarity with the provisions of this Agreement and their agreement with them.
- The participation of the Partner in the Affiliate Program confirms that the Partner has read and understood all the provisions of this Agreement and accepts them.