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Terms of participation in the affiliate network ALPAKA
This Offer is a public offer of the Network (offer) to any visitor of the site to enter into a Agreement under the conditions specified below.
The Offer is considered to be concluded from the moment when the visitor commits the actions provided for in Section 3 of the Agreement, meaning that the visitor completely accepts all the terms of the Agreement.
1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement, the following terms have the following meanings:
«ALPAKA» means a service located on the Internet at https://alpaka.express, providing Webmaster and Networks with access to Statistics Data. It is also a set of objects of intellectual property, namely software, database, design (graphic design) ofALPAKA, as well as information posted by the Administration.
«Webmaster» means a natural person, an individual entrepreneur or a legal entity that has made an Acceptance of the Offer.
«Network Client» means a person who has entered into a partnership agreement with the Network regarding the interaction of the parties in order to increase the client base of such persons.
«User» means a person who is a user of the global computer network Internet, accessing the Client’s Website interactively from any place at any time through an appropriate technical device.
«Offer Acceptance» means the performance of actions provided for in clause 3.1 of the Offer, which implies the unconditional acceptance of all the conditions stipulated by the Offer and documents that are an integral part of the Offer.
«Agreement» means an agreement, the subject of which is the provision by the Webmaster of the Advertising Services provided for the Offer, but not limited to, concluded in the procedure provided for in clauses 3.1 - 3.2 of the Offer.
«Offer» means this document “Terms of participation in the ALPAKA affiliate network”, available on the Internet at https://alpaka.express.
«Offer Program API» means a protocol for the exchange of information between the Webmaster and the Network, used by the Parties for the transmission of Advertising Materials and Advertising Parameters.
«Cookie» means a small piece of text transmitted to the browser from the Website.
«Website» means an information resource on the Internet that has a unique URL and is a collection of interconnected web pages grouped by thematic basis and intended for publishing information on the Internet.
«Website of the Client of the Network» means the Website located on the Internet to which the Users are redirected when they click on the Advertising Material and on which the Leads.
«Statistic data» means data and information in electronic form, which are compiled and / or provided to the Parties, which may contain information on the number of Leads and other interaction parameters between the Parties, as well as on the amount of the cost of the Services.
«Lead» means the interaction between the User and the website, the website page, the website section, the mobile application and / or the computer program to which the User makes a transition after the click, including but not limited to: place an order for a product / service, make transitions to other pages, complete forms, use chats and content.
«Advertising Materials» means materials of any format, which may include text, images, video, audio, other type of media files, interactive elements, code, hyperlinks, as well as any combination of them containing a unique hypertext link to the corresponding Web Client Web page.
«Advertising Services (Services)» means sharing on the Internet by any means, in any form using any tools of advertising materials aiming to attract attention or maintain the interest of the Users to products or services of the Network Client and commit Leads
«Control pixel» means the ALPAKA software counter.
«Ad placement parameters» means the terms and conditions provided by the Webmaster for the placement of Advertising Materials, which are defined in the System.
«Site» means any place and / or means of providing and distributing information used by the Webmaster to place (display) Advertising materials using the Internet, including on the basis of agreements concluded with third parties, including but not limited to the following: Websites , mailing lists, computer programs or mobile applications.
«Administration» means a person (including his employees) who has all the necessary rights in relation to ALPAKA , including the right to use the ALPAKA domain name, and administer ALPAKA.
«Internet» means a combination of international automated information systems, communications and services imposed on the technological environment of telecommunication networks.
1.2. The headings and titles in the Agreement are only for descriptive purposes only, and shall not control or alter the meaning of the Agreement set forth in the text thereof, and do not in any way limit or amplify the terms of the Agreement.
1.3. Throughout the Agreement, when the context requires it (including, inter alia, in relation to one of the above defined terms), the use of the singular shall be interpreted as including the plural, and the use of any gender shall include all genders.
2. SCOPE OF AGREEMENT
2.1. The Webmaster undertakes to provide the Network with services for placing Advertising Materials of Network’s Clients on the Internet at the Sites, and the Network undertakes to pay for the Services provided by the Webmaster.
2.2. The Network provides the Webmaster with all the information necessary for the provision of services about Advertising Materials, placement parameters (content, cost of 1 (one) Leads, deadlines (maximum) terms for placement of Advertising Materials, etc.) by sending such information using the API of the offer program.
2.3. A prerequisite for the provision of Services by the Webmaster is the acceptance and compliance by the Webmaster of the conditions of the following documents, which are an integral part of the Offer:
3. ORDER OF ACCEPTING OFFER
3.1. The Acceptance of the Offer shall be deemed carried out after the cumulative fulfillment of the following conditions:
3.1.1. Registered in one of the ways:
To take a series of consecutive actions to fill out the registration form (https://alpaka.express), namely, to specify the e-mail (login), create a password, and click on the «Create Account» button .
The site visitor independently generates a password to access the Personal Account. However, the Administration has the right to impose requirements on the password when it is formed (length, valid characters, etc.).To use accounts of social services Vkontakte, Google, Facebook and others to register on ALPAKA.
3.1.2. The Webmaster accepted the terms of the Offer by ticking «I have read and agree to the terms of the Offer» and clicking on the «Create Account» button (another similar button) in the appropriate form in ALPAKA.
3.2. All actions performed using the Webmaster's login and password in the System are deemed to be committed by the Webmaster. The webmaster is solely responsible for the safety of the login and password and undertakes to take measures to ensure their confidentiality. The network is not responsible for unauthorized access by third parties to ALPAKA, made using the Webmaster's login and password.
3.3. After registration, the Webmaster has the ability to upload an image for the Personal Account. The specified image should not violate the exclusive rights of third parties.
3.4. For the purposes of executing the Agreement, the Network provides the Webmaster with access to ALPAKA, while:
3.4.1. The information available on ALPAKA is the confidential information of the Parties;
3.4.2. Access to ALPAKA is carried out using Webmaster's unique login and password;
3.5. The Network has the right to refuse the Webmaster to conclude an Agreement in the following cases:
3.5.1. The Webmaster did not provide and / or provided false information when completing the registration form (questionnaire), and the documents requested by the Network were not provided and / or not fully provided;
3.5.2. Webmaster’s Site does not meet the requirements of the Offer;
3.5.3. The previous agreement concluded between the Network and the Webmaster was terminated due to violations of the terms of such agreement by the Webmaster.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Webmaster undertakes:
4.1.1. To ensure the start of the placement of Network’s Client’s Advertising Materials at the Sites in accordance with the conditions determined by ALPAKA.
4.1.2. Not to place Network’s Client’s Advertising Materials on Internet websites containing materials that violate generally accepted standards of decency (erotic and pornographic materials), as well as encouraging citizens to violence, aggression, actions that violate the law and / or prohibited information. When the Webmaster or the Network discovers violations of this condition, the Webmaster immediately removes advertising from such a Site.
4.1.3. Not to place Advertising Materials on the Site (s) that do not meet the requirements and conditions specified in the ALPAKA. In the event of detecting violation of this condition by the Webmaster and / or the Network , the Webmaster immediately removes Advertising Materials from such Site (s).
4.1.4. To conduct a mandatory preliminary check of the Sites where advertising materials are placed for compliance with the propriety of the content and the absence of obvious signs of illegality.
4.2. The Webmaster has the right to:
4.2.1. Temporarily suspend the provision of the Services under the Agreement for technical, technological or other reasons that impede the provision of the Services, while such reasons are being resolved.
4.2.2. Refuse to advertise Clients of the Network if the advertised activity is contrary to the law, including any signs of inappropriate (and / or false) advertising and / or is clearly not consistent with generally accepted moral and ethical standards.
4.2.3. Attract third parties to provide services (performance of work) under this Agreement, while remaining responsible to the Network for the actions of such third parties, including for non-performance or improper performance of their duties related to the execution of this Agreement.
4.2.4. Independently determine the technical parameters of placement, methods of placement of advertising materials without changing the content of the specified advertising materials.
4.2.5. In case of placement of Advertising Materials on the Site owned by the Webmaster’s partner, the Webmaster is entitled to transfer to such partners any information related to the execution and conclusion of the Agreement, including the data contained in the statements, information on the Lead and the amount of Webmaster’s remuneration, provided that such partner is entitled to ensure compliance with the obligations to respect the confidentiality of information received from the Webmaster. The transfer of this information is not a violation of its confidentiality requirements.
4.3. The following are examples of materials that must not be included in Webmaster’s Content:
4.3.1. Material that is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.3.2. Material that threatens, harasses or advocates harassment of another person;
4.3.3. Material that exploits people in a sexual or violent manner;
4.3.4. Material that contains nudity, violence, or offensive subject matter or contains a link to an adult Website;
4.3.5. Material that includes a photograph of another person that you have posted without that person's consent;
4.3.6. Material that solicits personal information from anyone under the age of 18;
4.3.7. Material that provides any telephone numbers, street addresses, personal or business email addresses, or last names;
4.3.8. Material that contains information that you know is false or misleading or material that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
4.3.9. Material that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music, movies or computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
4.3.10. Material that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
4.3.11. Material that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
4.4. The network undertakes to:
4.4.1. Timely and fully pay for Webmaster services.
4.4.2. Timely provide the Webmaster with all the information and advertising materials necessary for the execution of the Agreement.
4.4.3. Ensure the availability of the Control Pixel on the Web Client's Website during fulfillment of obligations under the Agreement.
4.4.4. Place in ALPAKA only advertising materials that comply with applicable law, for subsequent posting by a webmaster on the Internet.
4.4.5. Provide Webmaster with access to the Statistics Data using the login and password in the provision of the Services, and the Network shall not be liable if the Webmaster cannot have full knowledge of the Statistics Data for reasons beyond the control of the Network.
4.5. The Network has the right to:
4.5.1. Refuse at any time to place Advertising on any of the Site, including, but not limited to, due to a violation of the terms of the Agreement by the Webmaster, if the Network receives claims and / or complaints from advertisers or other third parties about compliance with the law and / or requirements of the Agreement Sites, due to the low efficiency of advertising on any of the Sites, as well as without giving reasons, notifying the Webmaster of such a refusal by e-mail and / or using ALPAKA.
4.5.2. During the term of the Agreement, submit proposals to the Webmaster for the provision of services through ALPAKA.
4.5.3. Not to pay for the Services which have been rendered or are being rendered by Webmaster in violation of the clauses. 4.1.2 and 4.1.3. of the Agreement.
5. REMUNERATION AND SETTLEMENT PROCEDURE
5.1. Webmaster's remuneration is determined solely in accordance with the Statistics, based on prices and the number of Leads for the reporting period, the data of which will be used to determine the volume of services provided and calculate their cost.
5.2. The price of 1 (one) Lead is determined in ALPAKA and transmitted via the API of the offer program. The number of Leads made by Users in the reporting period is determined on the basis of the statistical data contained in ALPAKA.
5.3. The Webmaster can withdraw the remuneration in any convenient way. There is a list of available withdrawal methods in the Personal Account.
5.4. The Network pays the Webmaster the remuneration within 5 (five) days after the request for the payment of the remuneration.
5.5. If the ALPAKA remuneration is less than the Minimum payout amount, the remuneration is not paid until its amount reaches the Minimum payout amount.
5.6. The minimum payout amount is determined and displayed in ALPAKA.
5.7. Payment is deemed duly effected when the funds are withdrawn from the Network account.
5.8. If the Network cannot transfer the entire amount of remuneration to the Webmaster because of restrictions of the bank account, Webmaster's wallet, etc. The network pays the due remuneration in stages in accordance with the existing technical capabilities, and the payment terms established by this Agreement are applied to the first stage of payment.
5.9. The remuneration includes all direct and indirect taxes (VAT, sales tax, etc.), fees, duties, fees and other payments and expenses. All specified charges-off and deductions payable by the Webmaster from the remuneration reduce the amount of remuneration. The network does not pay additional amounts and does not reimburse expenses incurred by the Webmaster in connection with the provision of Advertising services, except for the payment of remuneration.
5.10. In order to avoid misunderstanding between the Parties, it is established that the Network is not liable for breach of payment obligations if the Webmaster does not receive remuneration through the fault of the Webmaster’s bank or the correspondent bank, as well as the Webmaster provides incorrect details and for other reasons if the funds are debited from the Network’s account in a timely manner.
5.11. If the remuneration payment through which the remuneration was paid was is rejected not through the fault of the Network, the Webmaster will bear the additional costs arising from the rejection of the payment and the repeated attempt to pay the remuneration.
6.1. The network guarantees the Webmaster that:
6.1.1. It has all the rights and powers necessary for the conclusion and execution of the Agreement.
6.2. Webmaster guarantees the Network that:
6.2.2. The Webmaster and / or the Webmaster’s partner obtained the proper consent of each User to use such user activity tracking tools, as well as using the data obtained by the Webmaster with their help.
6.2.3. The Webmaster owns the Site (s) legally and / or has the right to use them, and is also fully responsible for the content, code and / or any other posted information.
7. RESPONSIBILITY AND LIMITATION OF RESPONSIBILITY
7.1. The parties are not responsible for any delays, interruptions, direct and indirect damage or losses occurring due to defects in any electronic or mechanical equipment and (or) computer programs, or due to other objective technological reasons, as well as due to actions or omissions of third parties, data transfer or connection problems, power outages that were not the fault of any Party.
7.2. The Webmaster is informed and agrees that the Network is not able to control the content of the Sites and the information placed on them, which is why the Webmaster is responsible for the unconditional fulfillment of restrictions on the placement of certain types of information in accordance with applicable law.
7.3. In case of a complaint to the Network, in connection with a violation of clauses 4.1.2., 4.1.3., 6.2. by the Webmaster or any third parties, as well as receiving instructions, warnings and other acts of regulatory bodies regarding the placement of Advertising Materials, the Webmaster shall resolve them on its own and at its own expense, without involving the Network, or compensate for damages (including court costs). In this case, the Network has the right, until the resolution of claims, to suspend the placement of advertising, without reimbursing payment of damages to the Webmaster until the claims are resolved.
8. TERMS OF PRIVACY
8.1. Any information on commercial activity, new solutions and technical knowledge of the other Party received by the Party in the course of the execution of this Agreement is confidential and is not subject to disclosure to third parties without the written consent of the other Party.
8.2. Each of the Parties undertakes not to disclose by any means (make available to any third parties, unless the third parties have the appropriate authority due to the direct indication of the law) the other Party’s confidential information to which it has access during the conclusion of this Agreement and obligations arising from the Agreement. This obligation is performed by the Parties within the term of this Agreement and within one year after its termination, unless otherwise specified.
8.3. Any information on rates and remuneration received by the Parties during the execution of this Agreement is confidential and is not subject to disclosure to third parties without the written consent of the other Agreement.
8.4. At the same time, the Network has the right to mention the Webmaster and / or the Webmaster’s partner in presentations and marketing materials of the Network, but without using the information specified in clause 8.3. of the Agreement, and without the separate consent of the Webmaster.
8.5. The Webmaster is liable for the actions and / or omissions of the partner to whom the webmaster conveys such information if such actions / omissions have caused damage to the Network, committed in violation of the terms of this Agreement and / or the requirements of applicable law.
9.1. The exchange of information and documents under the Agreement is made by the Parties via ALPAKA, by e-mail, mail, using couriers. Unless otherwise expressly established by the Offer, any notice shall be deemed duly sent when sent by e-mail. Notification shall be deemed received by the Party: on the next business day after sending if it is sent by e-mail; on the date indicated on the return receipt if it is sent by mail,; on the date of delivery when sending by courier; on the date of the notice when it is sent via ALPAKA. In cases of information exchange through ALPAKA, familiarization with information in ALPAKA is within the control and responsibility of the Webmaster, who must independently monitor the appearance and change of information, notices and documents in ALPAKA.
10. APPLICABLE LAW AND DISPUTES
10.1. The interpretation, construction, effect and enforceability of this Agreement shall be governed by the laws of the Republic of Seychelles, and the parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Seychelles.
11. TERM OF AGREEMENT
11.1. The Agreement enters into force on the Acceptance of the Offer and remains in force until the Network withdraws it.
12. MAKING AMENDMENTS TO THE AGREEMENT
12.1. The Network reserves the right at any time, at its discretion, to make changes and additions to the Offer and / or withdraw the Offer, as well as to make changes and additions to the Agreement. In the event of changes to the Offer, such changes will take effect at the time of placing the modified text of the Offer on the Internet, if the placement does not specify a different date of entry into force of such changes.
12.2. The webmaster confirms and agrees that the changes made to the Offer entail the introduction of such changes to the Agreement, and such changes to the Agreement shall enter into force simultaneously with the introduction of changes to the Offer.
12.3. If the Webmaster does not agree with the changes made by the Network to the Offer, the Webmaster is entitled to terminate the Agreement in the manner provided for by the Offer.
13. TERMINATION OF THE AGREEMENT
13.1. Agreement may be terminated:
At any time by agreement of the Parties;
by the Network immediately by sending a written notice (including by e-mail) to the Webmaster in the event that the Webmaster violates the terms of the Agreement;
By any of the Parties after sending a written notice to the other Party (including by e-mail) 5 (five) business days before the expected termination date;
For other reasons specified in the Offer and / or applicable law;
13.2. The obligations of the Parties under the Agreement, which, by virtue of their nature, should be applied (including obligations relating to confidentiality, payment procedure, use of information, protection of personal data, but not limited to the foregoing), remain valid after the termination of the Agreement.