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User Agreement
The following User Agreement is a legal document that contains public offer and carries the function of the main regulatory set of rules for all the participants of our Affiliate Network “M1”. The present Agreement is being accepted by all “M1” Affiliate Network participants under the following conditions.
Visitor – an individual who has reached the age of 18; who is capable of acquiring civil-law rights and obligations as well as tackling them and being responsible in the event of non-compliance; who has visited the website for educational purposes but hasn’t accepted the public offer.
Webmaster – a legal entity or an individual who has reached the age of 18; who is capable of acquiring civil-law rights and obligations as well as tackling them and being responsible in the event of non-compliance; who has accepted the terms of the present User Agreement and uses website services in accordance with a services contract with the Administration.
“M1” Affiliate Network (shortened – Affiliate Network) – an informational online platform that is created and operates with the aim of placing Advertisers’ binding offers, forming or/and maintaining interest among the population by Webmasters, as well as implementing the objects of these offers to a final consumer – Client.
Website – an internet resource with the https://m1-shop.ru domain that is created with the aim of maintaining functionality of M1 Affiliate Network and managed by the Administration.
Parties (also – Members) — Visitor, User (divided into: Webmaster, Advertiser, Client) and Administration.
Advertiser — an individual who creates service or product offers, arranged in the form of advertising materials, for the disposition of specific goods and/or services.
Advertising materials – informational materials of advertised character made by third parties upon a request of the Advertiser, containing information (photographic materials, videos, audio tracks, graphic elements, text, and other elements) about the offered product or service.
Client — a person who left a confirmed order on purchasing of goods or services that are being advertised on the Administration’s platforms or website.
Offer – an individual offer to acquire goods or services (hereinafter - Offer Subject) through a given website.
Confirmed order – the result of interaction between the Client and Administration/Advertiser (or their representative) expressed in the form of placing an order. An order is placed after the confirmation of a Clients’ purchasing intentions via a phone call with the Administration/Advertiser (or his representative).
Restricted methods of driving traffic – methods that involve the following tools of attracting traffic to offers:
- Spam attacks technologies (e-mail, sms, messaging in messengers, social networks, boards, etc.)
- Hacked user accounts
- Traffic from hacked web pages
- Traffic cheats (bots, CAP, etc.)
- Fraudulent methods – misleading or forcing the audience
- Web pages that contain elements mentioned in clause 2.12 of the User Agreement
- Use of materials that directly or indirectly contain elements of pornography
- Use of insulting language that offends anyone’s dignity or business reputation
- Use of insulting language that offends anyone’s gender, nationality, skin color, native language, personal beliefs, and religion
- Fraudulent methods that mislead anyone about the quality, quantity, and other characteristics of the Offer Subject
- Call to violence, atrocities, curtail of power, coup d’etat, military coup
- Information about suicide and its’ methods
- Information on how to make, possess, implement or use narcotic/psychotropic substances
- Information about smoking and drinking among minors
- Information about prohibited services
- Use of malicious software or other information that can harm third parties
- Use of materials that infringe copyright and neighboring rights and/or trademark rights of the third parties
- Use of other information that entails violation of the law of a certain territorial jurisdiction
Permitted methods of driving traffic:
- Using banner and teaser networks
- Using Affiliate programs
- Using contextual advertising
- Placing information about the offers on thematic resources in accordance with the rules of such resources
Public Offer – an offer addressed by the Administration to an indefinite category of persons or to several specific persons, which definitely, specifically expresses the intention of the person who made the offer to consider himself/herself to have entered into this User Agreement with the addressee who will accept the offer.
Acceptance – full acceptance of the terms of the Administration's Public Offer for the conclusion of this User Agreement. Acceptance of a Public Offer occurs since the start of using the Website and its services, which is confirmed by the following actions (including, but not limited to):
- Registration of a Webmaster / Advertiser’s account
- Provision of information about the intentions of placing the Offer by the Advertiser to the Administration
- Execution of an application for the purchase of the Offer Subject by the Client
- Payment for the services of the Administration / Webmaster by the Advertiser.
User Agreement (hereinafter - Agreement) – a document containing a Public Offer that defines the general rules for visiting the Website, regulating the status of the parties, the procedure for purchasing products, as well as other essential conditions for the interaction of the Parties.
1. General regulations
1.1. The present User agreement (hereinafter – “Agreement”) determines the general rules of behavior, visiting and using services of the Affiliate Network. Agreement regulates civil and legal relationships that appear between parties of an Affiliate Network in the process of interaction.
1.2. The present Agreement can be changed by the Administration unilaterally. Notification of changes is published on the website by the Administration. Administration has no obligation to inform parties personally about such changes.
1.3. Terms of the Agreement apply to all the website Visitors without exception.
1.4. In case of disagreement with the provisions of this Agreement (partially or in whole), the person who expressed such a will does not have the right to use the information field and targeted services offered on the website.
1.5. The parties have agreed that the person who has accepted the public offer has become familiar with the provisions of this User Agreement and understands the legally significant consequences of concluding this Agreement. He understands the essence, scope of obligations established for each of the parties to this Agreement.
2. Regulation of the interaction of the parties
2.1. The Administration provides Visitors with information about the format of interaction between the Parties, about the benefits of the Affiliate Network, about the capabilities of the Participants, as well as information about the proposed Offers. The information field of the website includes, but is not limited to: the general area of use - for the website visitors, the area for Users - is available from the moment of registration of the Visitor.
2.2. The Administration independently determines the general concept, format, type, and amount of information that appears under the Website, but doesn’t own the Offers, including the Offers Objects (goods and/or services).
2.3. The Advertiser creates a commercial offer by transferring the relevant information to the personal manager. A personal manager is assigned to each User who has accepted the terms of this User Agreement and completed the registration procedure on the Website. The Administration has the right, but is not obliged to provide the service of a brief advisory consultation on the incoming queries, free of charge.
2.4. To receive the service specified in clause 2.3 of the User Agreement, the User independently places a request for such a service through skype, icq, or email. The profile data of a personal manager in skype and/or icq networks is contained in the corresponding information block of the Affiliate Network. If such a service is necessary, the User is obliged to briefly formulate his question, as well as leave contact details - email, and contact phone number.
2.5. The Administration has the right not to pay attention to the User's service request, not to provide an answer, if this request does not contain a clearly formulated question (or description of the situation), contain offensive words and/or verbal expressions, including to the Administration, third parties, as well as for other reasons.
2.6. The use by the Webmaster of the services and (or) opportunities provided by the Administration through the Website does not provide any exclusive rights and privileges, including on the tangible / intangible property of the Administration.
2.7. The parties to this Agreement have agreed that the Administration has the right to place advertising blocks, banners, announcements in any of the Website areas without additional consent from other members of the Affiliate Network.
2.8. The information posted on the Website by the Administration is the result of the intellectual activity of the Administration, and all property and personal non-property rights to such information belong to the Administration, until otherwise established. At the same time, other members of the Affiliate Network do not have any exclusive rights to the result of the intellectual activity of the Administration, expressed in graphic, text, audio-video form and posted by the Administration on the Website.
2.9. The Administration is not responsible for protecting the rights of the User that have been violated by third parties, in the context of settling disputes that have arisen on this basis, including in court.
2.10. Violation by the User of copyrights owned by the Administration and (or) other persons entails liability for the violator under the provisions of the current legislation of Belize.
2.11. In case of detection of copyright infringement by members of the Affiliate Network through illegal placement of materials that do not belong to such persons, the Administration has the right to remove such materials from the public access on the Affiliate Network website, at the first request of the legal copyright holder.
2.12. The User and (or) the Visitor is prohibited from posting information that directly or indirectly contains the generally accepted signs of pornography, insulting, infringing, detrimental to someone's dignity, containing calls for violence, outrage and other actions that violate the norms of the current legislation, a certain territorial jurisdiction, containing malicious software and (or) other information that may harm third parties on the Website.
2.13. In case of violation of the conditions described in clause 2.12. of this Agreement and failure to comply with the requirements of the Administration, including the removal of such information from public access, persons who have committed violations are liable under the provisions of this Agreement and (or) the current legislation. In this case, the administration has the right to terminate on its own.
2.14. The Administration is not responsible for the results of visits by Visitors and/or Users to third-party (external) resources, links to which may be placed on the Website. The results are understood as any result, regardless of its nature, as well as the one from the occurrence of which the injured party suffered moral and/or material damage.
2.15. Offer Subjects placed by the Advertiser in the Affiliate Network are alienated in favor of the Clients remotely within the framework of the requirements established by the current legislation, is certified and complies with the requirements defined by the legislation in the field of consumer protection.
2.16. The Website does not distribute goods and/or services. The main functional purpose of the Website is to organize a meeting place for the Advertiser, Webmaster and/or Clients in the virtual space. This User Agreement imposes the appropriate obligations to maintain the operation of the Website on the Administration.
2.17. The Administration provides the information field of the Website and / or Websites for temporary use to Webmasters, Advertisers, Webmasters, Clients, and undertakes to provide support set by the User Agreement.
2.18. The Administration reserves the right to refuse service to certain persons, without providing additional explanation of the reasons.
3. The procedure for using the services by the Webmaster
3.1. The Webmaster has the right to freely use the services and offers set out on the Website in full, except in cases where such use is illegal, violates the rights, freedoms, and interests of the Administration and (or) Webmasters who interact with the Website.
4. The procedure of using the Website functionality:
4.1. The Visitor, who expressed his intention to become a Webmaster, independently visits and gets acquainted with the information about the procedure on the Website.
4.2. To get the full range of opportunities offered by the Administration, the Visitor independently goes through the registration stage on the Website.
4.3. In order to start the registration procedure, the Visitor presses the "Submit" button in the "Registration" section of the Website.
4.4. After clicking the "Submit" button on the Website, the Visitor will be offered a registration form that must be filled out under the Website.
4.5. For successful completion of the registration procedure, the Visitor undertakes to fill in the required fields - Login, Password, email, skype, wallet details, mobile phone number.
4.6. After filling in all the fields in the manner prescribed by this Agreement, the Visitor is obliged to familiarize himself with the provisions of this Agreement, the Rules of Operation and the Personal Data Protection Policy. The fact of familiarization with the provisions of the documents referred to in this paragraph is confirmed by ticking in the appropriate field of the registration form.
4.7. The registration procedure is completed in fulfilling the requirements provided in paragraphs 4.3-4.7 of the Agreement and clicking the "Register" button by the Visitor directly in the registration form.
4.8. Successful completion of the registration procedure on the Website is confirmed by an electronic notification that is sent to the Visitor at the email address specified by him in the registration form. From the moment the circumstances described in this clause of the Agreement occur, the status of the Visitor changes to the status of the Webmaster with all the ensuing legally significant consequences for this Party contained in the provisions of this User Agreement and the current legislation.
4.9. The offer is placed by the Administration at the request of the Advertiser on the terms determined by the information field of the Website and the User Agreement, by contacting the personal manager.
4.10. If necessary, the Administration has the right to provide Visitors with consulting and information services in the manner prescribed by this User Agreement.
4.11. The Administration has the right not to respond to the request sent by the Webmaster and not to provide a response if this request is made with violation of the rules set forth in clause 2.5 of the Agreement.
4.12. When performing tasks to promote Offers, the Webmaster is prohibited from using methods and tools that may violate the rights and interests of third parties. For instance: traffic from hacked sites, traffic attracted using spam technologies, traffic generated by any fraudulent methods, false traffic (by misleading internet users), etc.
4.13. The Webmaster's remuneration is paid by the Advertiser in the manner determined by the functionality of the Affiliate Network, based on the statistical data provided by the Affiliate Network's accounting system.
4.14. The remuneration to the Webmaster is paid in the amount of 100% upon the fact of rendering services.
4.15. The amount of the Webmaster's remuneration is determined by the functionality of the Affiliate Network and depends on the amount of work that was actually done, the fixing of which takes place in the manner provided for in clause 8.18 of the Agreement.
4.16. The parties have agreed that the Administration has the right to raise the issue with the Advertiser about the actual withholding of the payment of the Webmaster's remuneration:
- for a period of up to 30 calendar days, in case of investigating third-party complaints about the actions of the Webmaster in the process of promoting the Offers;
- for a period of up to 180 business days, intended for the Administration to investigate the use by the Webmaster of prohibited methods of promoting Offers, including the use of prohibited traffic.
4.17. The Administration has the right to put the issue of termination of payment of the Webmaster's remuneration before the Advertiser in the following cases:
- the presence of violations in the actions of the Webmaster on complaints from third parties;
- use of prohibited methods of attracting traffic provided in this Agreement by the Webmaster;
- violation by the Webmaster of the rules established in this User Agreement, which caused harm and damage to third parties, regardless of whether they are members of the Affiliate Network.
5. Procedure of payment for products
5.1. The cost of the Offer Subject is determined by the Advertiser and is published as part of the Offer, which is available in the public domain.
5.2. The prices of the products indicated on the Website are dynamic, are for informational purposes, are distributed in order to determine the price guidelines for services, and can be changed by the Advertiser without additional notice to the Visitors.
5.3. Payment for the Offer can be made by the Client in one of the convenient ways provided by the functionality of the advertising platform.
5.4. The parties have agreed that the Administration is not responsible for the performance of the payment systems through which the Client pays for the Offer. If there are any difficulties with the payment, the Client independently applies to the representatives of the payment system, which is used by the Client to pay for the Offer. The Administration has the right not to respond to requests addressed to it by Clients on the issues mentioned in this clause of the Agreement.
5.5. If the Client refuses to pay for the Offer, the transfer of the Offer to the Client is not carried out due to the Client's failure to fulfill the obligations assumed by him. The Administration and the Webmasters, in this case, are not jointly and severally liable for the losses caused by the guilty User, and do not act on the side of the creditor, either in the status of joint and several, or in the status of independent.
6. Product delivery procedure
6.1 Delivery of the Offer Subject to the Client is carried out in a manner previously agreed by the Parties.
6.2. Terms of delivery of the Offer Subject are individual for each case.
6.3. The order and terms of delivery of the Offer Subject to the Client are determined by the terms of the Offer, or by the Advertiser on a personal basis. The Advertiser is obliged to provide the Client with instructions regarding payment and delivery of the Offer Subject, as well as comply with the regulatory requirements established for remote trading.
6.4. The parties have agreed that the delivery of the Offer Subject to the Webmaster is carried out in the manner prescribed by the User Agreement.
6.5. The Offer Subject is transferred to the Client only after the Client has paid the full cost of the product to the Advertiser.
6.6. The parties have agreed that the delivery of the Offer Subject can be carried out on a paid basis, the Client agrees to this and by accepting the terms of this Agreement, agrees to cover the costs of logistics of the Offer Subject, directly to the address of receipt.
7. Product return procedure
7.1. The return of the Offer Subject of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified products are preserved.
7.2. The return of the Offer Subject is carried out to the Advertiser, who transfers the Offer Subject in favor of the Client.
7.3. All issues related to the organization of the return of the Offer Subject, the return of the cost, the compensation of associated costs, are resolved between the Client and the relevant Advertiser.
7.4. The Client does not have the right to refuse products of proper quality, having individually defined properties, if the specified product can be used exclusively by the Webmaster who purchases it.
7.5. The Advertiser is obliged to place complete and reliable details of the legal entity/individual entrepreneur selling products and/or services within the framework of the landing page developed by him and containing the Offer. Failure to comply with this rule is unacceptable, is a violation of this Agreement and is the basis for the termination of the landing page by the Administration within the Affiliate Network.
7.6. The Administration has the right to check the accuracy of the details of the legal entity/individual entrepreneur specified by the Advertiser on the landing page.
8. Obligations and responsibilities of the Parties
8.1. In case of using the results of the intellectual property of the Administration - the materials of the Website, for any purpose, the User must first, before posting such materials, obtain permission from the Administration. With the permission of the Administration, the User is obliged to display the full name and domain name of the source in the following format: Ecommerce affiliate network "M1" http://m1-shop.ru/. The hyperlink must be active and direct, when clicked, it takes you to a specific page of the Website from which the material is borrowed.
8.2. By analogy with the instructions set out in clause 8.1 of this Agreement, the User undertakes to obtain prior written permission to use the results of intellectual property of third parties from such parties. The method and procedure for implementation is specified in the process of negotiations with the copyright holder of the materials.
8.3. The Administration is not responsible for the actions of the User, which resulted in the violation of the rights of third parties.
8.4. The Administration is not responsible for the content of information posted by Users in the process of creating an Offer, attracting traffic to the Offers.
8.5. The Administration is not responsible for the content of the Users’ reviews of the Website. Reviews of the Website Users are subjective opinions of their authors, in no way pretending to be objective. They may not coincide with public opinion and may not correspond to reality.
8.6. The decision to issue / not issue personal data is made by the Administration, only on the basis of a request sent by the Administration representative, in accordance with the procedure established by the current legislation.
8.7. The Administration has the right not to pay attention to requests, appeals and letters that do not contain the details of the applicant (name, contact details).
8.8. The Administration is not responsible for the registration data that was specified by the Users when interacting with the information field of the Website during the User registration process.
8.9. The Administration has the right, without explanation, to restrict, block the access of the Visitor and / or the User to the Website, with partial or complete deletion of information that was posted by him within the Affiliate Network.
8.10. The Administration undertakes to consider the claim, drawn up in the manner prescribed by section 4 of the Agreement, within 30 (thirty) calendar days from the date of its receipt.
8.11. The parties have agreed that Users are personally responsible for the safety of authorization data on the Website.
8.12. The Parties claim that they have accepted the Agreement with clear memory and full understanding of the legal consequences of concluding such Agreements. The essence, scope of obligations, which are established for each of the Parties by this Agreement, are clear to them in full. The Parties agreed that each of them was provided with complete and reliable information regarding the data set forth in the provisions of this Agreement.
8.13. The Webmaster uses for promotion only those methods that do not contradict and do not violate this User Agreement and the norms of the current legislation.
8.14. In the event that the Webmaster is caught in the actions provided in clause 8.13, the Administration completely disclaims any responsibility.
8.15. The amount of the Webmaster's remuneration is determined by the Parties based on the statistics of the Webmaster's personal account. When generating statistics, the number of Confirmed Applications is taken into account. The cost of one Confirmed Application is published on the Website. This does not take into account other factual data obtained from third-party sources.
8.16. When calculating the Webmaster's Reward, only the number of Confirmed Applications is taken into account. In the absence of confirmation of the application as a result of a telephone conversation between the interested person (Client) and the Administration / Advertiser (or his representative), the Advertiser is released from the obligation to pay remuneration to the Webmaster for each specific case.
8.17. The funds are credited by the Administration / Advertiser to the details specified by the Webmaster in the profile settings of the Webmaster of the Affiliate Network. Payment of remuneration is carried out only in those payment systems that are displayed in the "Balance" section of the Website.
8.18. Payment of remuneration to the Webmaster is carried out within 7 (seven) banking days from the moment of ordering the payment. The parties have agreed that the Administration together with the Advertiser has the right to raise the issue of suspending remuneration payments to the Webmaster, but not more than for 60 (sixty) calendar days, if the Administration checks the Webmaster's activities for fraud in accordance with this User Agreement.
8.19. The Operator together with the Advertiser has the right to raise the question of the actual withholding of the amount of Remuneration paid to the Webmaster in the amount of taxes and fees in the amounts determined by the provisions of the tax legislation of the relevant jurisdiction by sending a registered letter with a description of the attachment. This rule is applied if the Advertiser has obligations for the tax agency.
9. Dispute resolution procedure
9.1. In the event that information posted on the Website containing the results of intellectual property owned by third parties is detected, the copyright holder is obliged to:
9.1.1. Draw up the claim indicating the factual and regulatory grounds that enable the Administration to withdraw information from public access.
9.1.2. Attach evidence of the originality of the result of intellectual property (original copy, other documents confirming ownership of the copyright object) to the claim.
9.1.3. Send a package of documents referred to in the provisions of paragraphs 9.1.1., 9.1.2 of this Agreement, to the email address of the Administration: mediar.agency@gmail.com
9.2. Webmasters' claims regarding the quality of service, products, as well as other comments, should be sent to the Administration's email at mediar.agency@gmail.com
9.3. The Administration is not obliged to assist in the search for persons whose actions have violated the rights, freedoms, and interests of Webmasters.
9.4. The Administration is not a beneficiary in transactions between Clients and Advertisers, is not responsible, and is not obliged to assist the Client in organizing the processes provided in clause 7.1 of the User Agreement, equally, has the right not to respond to requests from Clients addressed to them due to the indicated circumstances.
10. Other conditions
10.1. All possible situations, disputes arising from the relationship between Webmasters, Webmasters and third parties, Webmasters and the Administration, not regulated by this Agreement, are resolved in the manner determined by the norms of the current legislation.
10.2. The parties under this Agreement are aware of the scope of rights and obligations generated by the relationship of the persons mentioned in this Agreement, and are fully aware of their actions, fully understanding the legal significance of the consequences of such actions.
10.3. Inaction on the part of the Administration, in case of violation by Webmasters of the provisions of the Agreement, does not deprive the Administration of the right to take appropriate actions later and protect their interests and rights guaranteed by the law.
10.4. For all issues regarding the User Agreement, Users can contact the Administration by sending appropriate requests.
11. Contacts
11.1. All suggestions or questions regarding this User Agreement should be reported to the Administration at the following email address: mediar.agency@gmail.com.