Advertstar

Partner Agreement

The parties to this Agreement are partners of the Advertstar.ru advertising network (any natural or legal person) and the Administration of Advertstar.ru (represented by the owner and/or system administrator). The Agreement is deemed a public offer and it shall enter into force after the acceptance thereof by way of registering a Partner in the System. If a Partner uses the Service, it is presumed that the Partner agrees with all the provisions of this Agreement and all the provisions of the terms and conditions of the use of the Service available at https://advertstar.net/en/agreement

Terms and definitions

Partner network (System) is a complex of hardware and software operating in the Internet at the permanent URL: https://advertstar.net.

Service is the administration of the Advertstar.net service, its representatives and services.

Advertiser is a person that purchases services from the Service.

Partner (webmaster) is a person providing advertising broadcasting services of the Service as well as a person attracting users to the sites advertised by the Service`s Advertisers.

User is a person using the Internet and accessing websites with advertising materials in interactive mode from any place and at any time.

Account is a non-public part of the website https://advertstar.net/, that allows a Partner and an Advertiser to view and manage their accounts, advertising campaigns, platforms and places.

My Account is a set of necessary tools (services) provided by the System to a Partner to manage an account.

ID is the unique identifier of an advertising platform in the Service`s database.

Qualifying target action is an action by a User described by an Advertiser upon the creation of an advertising campaign as the achievement of the goal for which the Advertiser pays consideration. 

1. Subject of Agreement

1.1. The Partner shall provide services regarding the placement of an advertising code offered by the Service or the use of the Service`s advertising links to attract the Users to the websites of Advertisers with the purpose of carrying out qualifying target actions and the Service shall accept, and pay for, duly provided services.

2. Rights and obligations of the Partner

2.1. The Partner warrants that s/he has all the necessary authority to enter into, and perform, this Agreement and that the provision by a Webmaster of the services stipulated in Section 1.1 herein does not contravene legislation or the Webmaster`s obligations to third persons nor infringe upon the rights and lawful interests of third persons and/or the Service in any other way.

2.2. The Partner shall provide services in accordance with the applicable legislation of his/her country of residence/the country where s/he is providing services and the rules provided for in this Agreement and the Terms of Use of the Service (including annexes and supplements thereto) for the entire period of the Agreement.

2.3. The Partner shall comply with the requirements for traffic sources as described in Section: https://advertstar.net/en/publisherterms.

2.4. The Partner shall submit an application for the payment of remuneration in a timely manner in accordance with the internal rules of the Service.

2.5. The Partner shall notify the Service of all the technical problems related to the access to the advertising network.

2.6. Upon the request of the Service or the representative thereof, the Partner shall provide accurate data about the attracted traffic or the method by which Users perform target actions.

2.7. The Partner shall contact the support team regarding all the issues arising in the course of work and respond to requests from the Service Administration in a timely manner.

2.8. The Partner shall not:

2.8.1. Attract traffic through the use of spam or any malware or spyware;

2.8.2. Attract traffic from CAP systems (active advertising systems);

2.8.3. Coerce or motivate users to carry out required actions on an advertiser`s website;

2.8.4. Carry out actions by itself;

2.8.5. Automate actions in any way using scripts/bots;

2.8.6. Change or replace an IP-address, use proxy servers and anonymisers;

2.8.7. Hide a referrer or automatically re-direct a user (without the latter`s knowledge);

2.8.8. Use traffic sources prohibited by an advertiser;

2.8.9. Create a false understanding of a product/service for a User through the use of advertising materials that have not been included into the advertising objects or the advertising terms and conditions stipulated by the customer or related to other product or brand;

2.8.10. Create more than one account in the network;

2.8.11. Use re-directing/link shortening services to re-direct users;

3. Rights and obligations of the Service

3.1. The Service has the right to: 

3.1.1. Collect personal data about users of the Service under the Service Confidentiality Policy for Provided Information;

3.1.2. Suspend the provision of services or limit access to the Service for Partners violating the terms and conditions of this Agreement;

3.1.3. Keep the register of offenders of this Agreement and provide access thereto to third persons;

3.1.4. Having discovered a violation of this Agreement, block the Webmaster`s account without the payment of earned amounts;

3.1.5. Demand access to the independent accounting system of the Partner`s resource;

3.1.6. Refuse to disclose to a Webmaster the reasons of blocking his/her account, if such disclosure infringes upon the Service`s interests in any way;

3.1.7. Refuse to provide to a Webmaster any information without the corresponding order of a competent authority;

3.1.8. Amend and supplement this Agreement without prior notification of the Partners;

3.1.9. Audit advertising materials and sources of traffic generation used by a Webmaster; 

3.1.10. Temporally or permanently block a traffic source that violates the terms and conditions of this Agreement or does not comply with the Advertiser`s requirements;

3.1.11. Refuse to pay, or suspend the payment of, remuneration, if there are objective reasons to suspect a Partner of a violation of the terms and conditions of this Agreement;

3.2. The Service shall: 

3.2.1. The uninterrupted operation of the Service is not guaranteed. The Service shall notify the Users of scheduled maintenance (where possible). No notices of failures or interruptions in the Service operation are given if the cause of the problems is beyond the Service`s control.

3.2.2. Pay remuneration to Webmasters in a timely manner according to the internal rules of the Service;

3.2.3. Carry out any actions in order to analyse the traffic quality, search for Webmasters acting in bad faith and block such Webmasters;

3.2.4. Upgrade and expand the technical capabilities and functionality of the Service;

3.2.5. Ensure the uninterrupted operation of links and advertising materials belonging to the Service. The Service shall not be liable for the operation of an advertising website, but it shall take all the possible steps to monitor its operation and notify the Partners of the unavailability thereof;

Remuneration and settlement procedure

4.1. The Service shall pay the Partner remuneration for providing services stipulated in the subject of the Agreement. The remuneration is payable for qualifying target actions carried out by Users and/or third persons on an Advertiser`s website.

4.2. The Parties recognise that the Service`s statistical data are used exclusively to determine the start, period, scope and price of the Services.

4.3. The Parties recognise that registrations (actions) carried out artificially (in bad faith) and created by methods categorically forbidden under the terms and conditions herein shall not be taken into account in the calculation of the remuneration.

4.4. The Service shall pay the remuneration upon a request generated by a Partner in its My Account. All the actions carried out in My Account with the use of a Partner`s password shall be considered as actions carried out by the Partner.

4.5. Calendar month shall be a reporting period for services provision. By default, a request for the payment of remuneration for services provided is generated on the 1st (first) day of the month following the reporting month. The Partner can disable this option in My Account settings and create a request for the payment of remuneration any time.

4.6. The request of payments made during the month to the 30th of the following month.

4.7. The Partner has the right to receive remuneration early. The procedure of creating requests for such payments is described in detail in My Account.

4.8. The payment of remuneration is made by way of the transfer of funds to the Partner`s bank account, provided that the documents have been submitted, according to Section 4.10 of the Agreement or to electronic wallets of the Partner the numbers of which are specified in each Partner`s account. A specific means of payment is selected by the Partner in My Account.

4.9. A condition of receiving a payment is the provision of accurate personal data by the Partner. If the Service has doubts as to the accuracy of provided data, it has the right to suspend or cancel the payment of the remuneration.

4.10. If a Partner selects bank transfer as a means of payment, the Partner shall provide the original hard copy of this Agreement.

5. Confidentiality

5.1. The Parties have agreed to keep in secret and consider as confidential the terms and conditions of this Agreement and all the information received by one Party from the other Party during the performance of the Agreement and they shall not disclose, publish or provide in any other way such information to any third party without prior permission granted in writing by the Party that provided such information.

5.2. Each Party shall take all the necessary steps to protect Confidential Information at least as diligently as it protects its own confidential information.

5.3. The obligation to keep Confidential Information secret enters into force at the moment of acceptance of this Agreement and remains in force for 3 (three) years after the expiration or termination of the Agreement through any reason.

6. Liability of the Parties

6.1. The Service carries out a basic check of advertised resources based upon the results received from databases of antivirus programmes and public databases of independent companies. However, the Service does not carry out a quality control of services provided by an advertiser and it does not check whether the services have actually been provided to a user.

6.2. Neither Party shall be liable to the other Party or the customers (clients, Webmasters) thereof in connection with the performance of this Agreement for any consequential/indirect losses and/or loss of profit of the Party and/or third persons, loss of information, loss of production/business irrespectively whether the Party could have foreseen a possibility of causing such losses in a specific situation or not.

6.3. If a Partner violates the terms and conditions of Section 2.8 herein, the Service has the right to refuse to perform the terms and conditions of the Agreement and immediately terminate the Agreement unilaterally and extrajudicially, whereas the Services shall not be considered as provided by the Partner and shall not be paid for by the Service.

7. Period and termination of the Agreement

7.1. This Agreement enters into force from the moment of the acceptance thereof by way of registration in the Network and remains in force until one of the Parties sends to the other Party (also by e-mail) a written notice of the termination of the Agreement; a notice sent by the said means shall be deemed by the Parties a proper legal document executed in an unattested written format.

7.2. The Agreement may be terminated:

7.2.1. By agreement of the Parties.

7.2.2. By the Service, if a Partner has violated the terms and conditions of the Agreement, immediately after the violation has been determined, whereas all the accrued amounts for the Webmaster shall be cancelled.

7.2.3. After 180 days from the day when the user last signed in his account in the Service, he is assigned the status of an inactive user. In this case, his account is automatically deleted from the system and all the charges made to him are canceled.

7.2.4. By any Party with a written warning of the other Party by e-mail or by fax at least 5 (five) days prior to the proposed date of termination.

7.3. In the cases specified in Section 7.2.2 a unilateral notice by e-mail is permitted.

7.4. Obligations of the Parties under this Agreement that must remain in force due to their nature (including but not limited to obligations concerning confidentiality, settlements, use of information) shall remain in force after the expiration of the Agreement.

Miscellaneous provisions

8.1. The Service has the right to amend the Agreement unilaterally without prior notice given to a Partner. 

8.2. The applicable revision of the Agreement is available at: https://advertstar.net/en/agreement

The date of the last revision of the Agreement: 27 June 2014.