https://mir-tennisa.ru/articles/legal/affiliate
Регистрируясь на сайте, вы соглашаетесь, что вам больше 13 лет. Если вам от 13 до 18 лет, вы подтверждаете, что у вас есть родительское согласие.

ВСФЕРЕ Affiliate Agreement

This ВСФЕРЕ Affiliate Agreement (“Agreement”) contains the terms and conditions that govern your participation in the ВСФЕРЕ Affiliate Program (“Program”), which is operated by Tourlead Inc. and its affiliates (collectively, “we”, “us”, “our” or “ВСФЕРЕ”). Any person or entity that participates or attempts to participate in the Program (such person or entity, “you”, “Partner”, or an “Affiliate”) must accept this Agreement without change.
By registering for the Program, you have agreed to the terms and conditions of this Agreement, without change and have entered into a legal contract between you and ВСФЕРЕ. The ВСФЕРЕ Terms and Conditions (the “Terms and Conditions ”) separately govern your use of the ВСФЕРЕ Service. To the extent there is any conflict between this Agreement and the Terms and Conditions, this Agreement will take precedence. All capitalized terms not defined in this Agreement have the respective meanings set forth in the Terms and Conditions.
1. Description of the Program. The Program permits you to monetize the broadcasting, streaming, distribution, and exhibition of your User Content through the products, services or programs described herein. “Revshare” is a program to attract Clients. Revshare is considered to be fulfilled from the moment when “Client” (Non-authorized on Site person) has paid for the ВСФЕРЕ’s services. "Streamer-referral" referral program allows Partners to attract Creators.
2. Eligibility and Compliance.
2.1. General Eligibility. As part of the enrollment process into the Program, you must submit a complete and accurate Program application (including all forms, documents, or certifications as may be required to satisfy any tax obligations with respect to payments under this Agreement). If you are an individual, you must be at least 13 years of age. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only participate in the Program under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
If we terminate your account in connection with any violation or abuse, including, but not limited to any violations of the Terms and Conditions, you cannot attempt to re-join the Program without our advance written authorization.
2.2. Live Content Exclusivity. Solely for any live audio-visual work you choose to provide to us as User Content (your “Live ВСФЕРЕ Content”), starting from beginning of the Initial Broadcast of any such Live ВСФЕРЕ Content, and continuing for a period of twenty-four (24) hours following the end of the Initial Broadcast of such Live ВСФЕРЕ Content (the “Exclusivity Period”), such Live ВСФЕРЕ Content is exclusive to ВСФЕРЕ (even as to you). During the Exclusivity Period of any Live ВСФЕРЕ Content, you will not, nor permit or authorize any third party to, broadcast, stream, distribute, exhibit and otherwise make available such Live ВСФЕРЕ Content in any manner. Notwithstanding the foregoing, you have the right to make any Live ВСФЕРЕ Content available, during the Exclusivity Period, solely via the ВСФЕРЕ Services. After the Exclusivity Period of any Live ВСФЕРЕ Content, the license to such Live ВСФЕРЕ Content will become non-exclusive and you will have the right to broadcast, stream, distribute, exhibit and otherwise make available such Live ВСФЕРЕ Content in any manner and format desired by you. The “Initial Broadcast” means the initial broadcasting, streaming, distribution, or other exhibition of Live ВСФЕРЕ Content via the internet, whether such Live ВСФЕРЕ Content is broadcast on a real-time, live basis as the subject event is occurring or such Live ВСФЕРЕ Content has been prerecorded and is being initially broadcast for the first time via any manner or method of streaming.
2.3. Compliance Requirements. You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your ВСФЕРЕ channel, is at all times complete, accurate, and up-to-date. You must comply with this Agreement, the Terms and Conditions , the Privacy Policy, each as updated from time to time, in order to participate in the Program and to receive Program Fees (as defined below). Please read them carefully. You must promptly provide us with information that we request to verify your compliance with this Agreement.
2.4. Violations. If you violate this Agreement, the Terms and Conditions or the Privacy Policy, in addition to any other rights or remedies available to us, we reserve the right to withhold (and you agree you will not be eligible to receive) Program Fees otherwise payable to you under this Agreement, whether or not directly related to such violation.
3. Program Fees.  Fees are charged by the ВСФЕРЕ on a daily basis for each Client or Creator attracted by the Partner. You may be eligible to receive the following fees under this Agreement as part of the Program (collectively, the “Program Fees”):
Referral program "Revshare”. The amount of fees for the "Revshare" referral program is up to 25% of the ВСФЕРЕ’s income (specific cost is indicated in the Personal Account section);
Fees are credited to the Personal Account, and can be used to pay for the ВСФЕРЕ services or you can transfer funds to your bank account if you are registered as a Creator on our Site.
"Revshare" referral program fees cannot be transferred to your bank account, except in cases where the Partner is registered as a Creator.
Referral program "Streamer-referral". The amount of fees for the "Streamer-referral" referral program is up to 5% of the Creator’s income on the Site within the first 12 months (specific cost is indicated in the Personal Account).
ВСФЕРЕ distributes the fees under the "Streamer-referral" referral program according to the application generated by Partner in the Personal Account, subject to filling out the registration form and providing scans of documents for the verification of the entered data.
ВСФЕРЕ distributes associated with the “Streamer-referral” program fees on the 5th and 25th day of each month, provided that the Personal Account is credited with at least $100, subject to filling out the registration form and providing scans of documents for the verification of the entered data.
Partner must independently pay taxes and fees to the tax authorities of his location.
Each Party pays for the bank services at their own expense (including but not limited to the commission of the bank of the ВСФЕРЕ and the Partner) and is not responsible for the action (inaction) of its bank when making payments under this Agreement.
The Company cannot be charged with the costs of the Partner for the transfer of funds.
4. Payment and Reporting.
4.1. Payment Terms. Program Fees payable by ВСФЕРЕ to you will be paid to you within forty-five (45) days after the 5th and 25th day of each calendar month, in United States Dollars, less (a) billing and payment costs (which may include monthly and pre-transaction processing charges and merchant bank fees); and (b) returns, refunds, chargebacks, discounts and credits; provided that you have timely delivered to ВСФЕРЕ all documentation necessary and appropriate to effectuate payment (e.g., W9, and the like). If we are obligated to pay you any Program Fees in a currency that is not United States Dollars, we will convert such Program Fees at an exchange rate that we or our bank determine, which may include fees and charges for the conversion. We will pay you any Program Fees in a payment method that you choose from the payment options that we will make available for the Program. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information through the ВСФЕРЕ Service. Any changes to your contact and payment information will not be effective until at least seven days after submission to us. ВСФЕРЕ will not be obligated to make a payment if the total amount to be paid to you under this Agreement is less than $100 (the “Payment Threshold”), and may instead accrue such payment obligation until such time as its overall obligation to you is at least the Payment Threshold. If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under this Agreement.
The following paragraph only applies to you if you reside in the USA or in a country that is not currently a member of the European Union:
If at any time there has been no substantial activity on your Program account for at least twelve consecutive months, and you have not earned at least $100 in Program Fees during that twelve month period, we may close your inactive account and terminate this Agreement.
The following paragraph only applies to you if you reside in a country that is currently a member of the European Union:
If at any time there has been no substantial activity on your Program account for at least twelve consecutive months, and you have not earned at least $100 in Program Fees during that twelve month period, we will have the right, upon seven (7) days’ written notice, to close your inactive account and terminate this Agreement.
4.2. Reporting. We will provide you with access to our dashboard which will provide data relating to Program Fees (“Reporting Data”). You acknowledge and agree that all Reporting Data is and will at all times be exclusively owned by us and will remain our confidential information.
4.3. Taxes. We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any payment made to you under this Agreement, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of such payment under this Agreement. Throughout your participation in the Program, you will provide us with any forms, documents, or certifications as may be required for us to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.
5. License. Other than as set out expressly herein or in the Terms and Conditions, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.
6. Data Privacy. You agree that our Privacy Policy (as may be updated from time to time) governs how we collect, use, and disclose your personal information. You acknowledge and agree that the information associated with any purchases through the ВСФЕРЕ Service or any uses of any ВСФЕРЕ Service belongs to ВСФЕРЕ.
7. Representations and Warranties. You represent, warrant, and covenant that (a) you are at least 13 years of age and have not been previously removed from or prohibited from receiving the ВСФЕРЕ Services, (b) you will participate in the Program in accordance with this Agreement, (c) your participation in the Program will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications and marketing), (d) you have the full corporate right, power and authority to enter into this Agreement and to perform the acts required hereunder; (e) your execution of this Agreement, and your performance of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound; and (f) the information you provide in connection with the Program is accurate and complete at all times. You can update your information by contacting us through the ВСФЕРЕ Service.
We do not make any representation, warranty, or covenant regarding the amount of Program Fees you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.
8. ВСФЕРЕ Service Customers. Account registration. You can register a personal account by clicking the “Sign up” button on Site. By clicking the “Sign up” button Partner agrees to provide accurate and up-to-date information by filling out the registration form (questionnaire). Before clicking “Sign “up button Partner provides the following information:
- full name;
- E-mail address;
- credit card details;
- social media information (Facebook, Instagram, Twitter, etc.)
- phone number.
All notifications sent by ВСФЕРЕ to the provided by Partner email address are considered to be correct.
After registration of the account Partner receives a referral link which can be copied by clicking the “Copy” button.
To promote content you can publish the Referral link on social media platforms, as well as other necessary actions, including:
- sending the Referral link through instant messengers (Telegram, Viber, etc.) and e-mail;
- use Youtube traffic, Push traffic, etc.;
- use contextual advertising;
- publish the Referral link with travel agencies.
All expenses for the promotion are paid by the Partner.
Obligation to execute Revshare is considered fulfilled after Client pays for the ВСФЕРЕ’s services.
The Partner is not responsible for Client’s actions after the Client pays for the ВСФЕРЕ’s services.
While executing revshare, ВСФЕРЕ publishes information on the number of Clients attracted by the Partner and the amount of raised funds.
 
Inviting Creators. To receive a referral link for the "Streamer-referral" referral program, Partner should click the "Copy" button which is located in the “Streamer-referral” section.
To promote the referral program Partner has the right to use advertising services, publish the Referral link through social media platforms, as well as other necessary actions. All expenses for the promotion are paid by the Partner.
Obligation to execute Streamer-referral is considered fulfilled after the Creator is subscribed for the ВСФЕРЕ’s services.
Partner is not responsible for the Creator’s actions after the Creator has subscribed for the ВСФЕРЕ’s services.
While executing Streamer-referral, ВСФЕРЕ publishes information on the number of Creators attracted by the Partner and the amount of raised funds.
9. Term and Termination. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. We may withhold accrued unpaid Program Fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 8 and 11-17 will survive the termination of this Agreement. If you terminate the Agreement and your earned balance equals or exceeds the Payment Threshold, we will pay you your earned balance within approximately 45 days after the end of the calendar month in which the Agreement is terminated, pursuant to Section 4.1. Any earned balance below the Payment Threshold will remain unpaid. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
10. Modifications. ВСФЕРЕ reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time (for example to reflect updates to the ВСФЕРЕ Service or to reflect changes in the law). If ВСФЕРЕ changes this Agreement, we will provide you notice of these changes, such as by sending an email, posting a notice on the ВСФЕРЕ Service or updating the “Last Updated” date above. Please check this Agreement periodically for those changes. Modifications may include, for example, changes to the Program Fees, Program eligibility, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE OR REVISED AGREEMENT OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
11. Disclaimers. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE PROGRAM AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ВСФЕРЕ; (B) ВСФЕРЕ, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE PROGRAM, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, ВСФЕРЕ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ВСФЕРЕ FOR THE PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 11, THE TERM “ВСФЕРЕ” INCLUDES ВСФЕРЕ’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
12. Indemnification. You hereby release and agree to defend, hold harmless, and indemnify us, and/or our subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification), arising from or related to: (a) any act or omission by you, including, without limitation any breach of this Agreement (including your representations and warranties in Section 7 above) or allegation or claim of negligence, strict liability, willful misconduct or fraud of you; or (b) your access to or use of the Program.
13. Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR LOST REVENUE, LOST PROFITS, LOST BUSINESS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY TO YOU, UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
14. Relationship of Parties. You and we are, and will remain at all times, independent contractors, and nothing in this Agreement will be construed to create an agency, employment, fiduciary, representative or any other relationship between you and us. You will not represent yourself to be an employee, representative, or agent of us. You understand and agree that you do not have authority to bind us in any manner, or enter into any agreement or incur any liability on behalf of us.
15. Governing Law, Jurisdiction, and Venue. This Agreement is governed in accordance with the laws of the State of Delaware, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of Delaware to the rights and duties of the parties. Any legal suit, action or proceeding arising out of or relating to this Agreement by a party will be resolved by litigation in the courts located within the State of Delaware. The parties hereby consent to the exclusive jurisdiction and venue of such courts, will accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.
16. Arbitration. Any dispute or claim relating in any way to this Agreement, the terms thereof, or your participation in the Program that arises between the parties (including the parties’ respective parent, affiliate and/or subsidiary entities) will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (a) you may assert claims in a small claims court if your claims qualify, and (b) either party may bring suit by submitting to the courts in the aforementioned jurisdiction and waiving such party’s respective rights to any other jurisdiction to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. For you to begin an arbitration proceeding, you must send a letter requesting arbitration and describing the claim to ВСФЕРЕ’s registered agent, Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex. Arbitration shall be conducted by the American Arbitration Association (“ AAA ”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totally less than $10,000 unless the arbiter determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on submissions, or in person in the county in which you are located, or the agreed upon jurisdiction described above. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial.
17. Miscellaneous.
17.1. Assignment. You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Any attempt to assign in violation of this section is void in each instance. We may assign this Agreement: (a) to any of our affiliates; or (b) in connection with any merger, consolidation, reorganization, sale of all or substantially all of our assets or any similar transaction.
17.2. Further Assurances. You will take or cause to be taken such further actions, and will execute, deliver and file or cause to be executed, delivered and filed such further documents and instruments, and will obtain such consents, as may be reasonably required or requested by us in order to effectuate fully the purposes, terms and conditions of this Agreement.
17.3. Waiver. The waiver by us of a breach of or a default under any provision of this Agreement will be in writing and will not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor will any delay or omission on our part to exercise or avail itself of any right or remedy that we have or may have hereunder operate as a waiver of any right or remedy.
17.4. Severability. Any determination that any provision of this Agreement, or any application thereof is invalid, illegal or unenforceable in any respect in any instance will not affect the validity, legality and enforceability of such provision in any other instance, or the validity, legality, or enforceability of any other provision of this Agreement, and such provision shall be deemed to be reinstated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law.
17.5. Captions and Section Headings. The captions and section and paragraph headings used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this Agreement.

17.6. Entire Agreement. This Agreement contains the complete understanding between the parties with respect to their respective subject matter hereof and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to this Agreement made by ВСФЕРЕ as set forth in Section 10 above.

Войти
Зарегистрироваться