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Last update: 29.03.2021
Publisher (hereinafter — “Publisher”), on the one side and
EnglishMaja OÜ, the company registered according to the legislation of Estonia, address: Tuukri tn 19-315 Tallinn Harjumaa 10152, the company registration number: 14662785 (hereinafter — “We”, “EnglishDom”, “Company”, “by us”, “us”, “Our”), which allows Publishers to work with the EnglishDom partnership programs, on the other side
which are collectively referred to as “Parties”, and individually – “Party”.
To participate in the EnglishDom partnership network, the Publisher undertakes to unconditionally follow these Terms.
1. TERMS DEFINITION
1.1. Publishers are individuals or legal entities in the form of independent agencies that place advertising materials on their declared sites.
1.2. Website is an information resource on the Internet that has a unique URL and represents a community of interconnected web pages, united by a theme-based traits, and is intended for publishing information on the Internet.
1.3. A web page is an independent constituent part of a website, a separate document on the Internet, created on the basis of the HTML language, identified by a unique address (URL), which contains information (text, graphics, audio and video files).
1.5. Lead is the execution by an Internet user of the action which has been predetermined by the Company on the Company's website by the link, where the Publisher has placed a control pixel (request for additional information, registration on the website, filling out a questionnaire, etc.).
1.6. Control pixel is a software counter of the Publisher's online advertising management and audit system in the form of an invisible 1x1 pixel image and / or XML file.
1.7. Statistics data is a detailed report on the implementation of the Company's leads on websites on the Internet, indicating information on the volume of services provided.
1.9. Reporting period is the period of rendering services by the Publisher equal to a calendar month. The first reporting period begins simultaneously with the start of the services provided by the Publisher.
Other provisions which are not defined in this chapter of the Terms are interpreted in accordance with market practice, as well as the current legislation of the country of the Company registration.
2. SUBJECT OF A PUBLIC AGREEMENT
2.1. The Publishers place advertising materials of the Company on their declared sites. When a user comes to the Company's website through an advertising medium placed on the Publisher's site and makes a transaction there, which ends with payment, then the Publisher's advertising is considered successful and the Publisher receives a pre-agreed reward. In this sense, a transaction is considered to be an action that gives the Publisher the right to receive remuneration. More detailed conditions are indicated in our Partnership program.
2.2. When joining this agreement, the Publishers are notified and give consent that the Company monitors and records all transactions and provides the Publisher with information about this, as well as calculates remuneration. The company makes the final decision as to whether the transaction has actually taken place or not.
2.3. The company is constantly developing and improving the services of its partnership network. In this regard, the Company reserves the right to fully or partially stop one of the services, if this is required by the scheduled maintenance, improving the functions of the service or changing the service provided.
2.4. The Company has the right to suspend payments to the Publisher in case of objective suspicions of violation of these Terms by the Publisher, as well as in order to verify the specified data of the Publisher and / or in order to check the quality of the Publisher's traffic.
3. PARTICIPATION IN THE PARTNERSHIP NETWORK
3.2 The publisher agrees that the rules of partnership programs may change and undertakes to independently monitor changes in the terms of the programs. Continuing to participate in the partnership program, the Publisher automatically agrees to its new terms.
3.3. If the Publisher is under 13 years old or if the legislation of the Publisher's country sets a lower age for him/her to process their data based on their consent, the Publisher must obtain the permission of a parent or a guardian before establishing legal relations with the Company.
4. RIGHTS AND RESPONSIBILITIES OF THE PUBLISHER
4.1. The Publisher is obliged to strictly comply with these rules, as well as to ensure that the data that he/she transmitted to the Company in any way, including through the registration form, are complete and true. If any of these data are changed, the Publisher is obliged to correct them in his personal account within 5 days from the date of the change.
4.3. The Publisher undertakes to thoroughly protect his/her data (login and password) for access to the Company's partnership network and not to let them get into third hands. The Publisher is solely responsible for the safety of the username and password.
4.4. The Publisher guarantees that he has all necessary rights to carry out marketing activities on the declared advertising sites. He/she themselves bears any legal and material responsibility for what is happening on his/her advertising sites.
4.5. It is prohibited for the Publisher to use advertising materials and a trademark, other than the trademark and advertising materials that are posted by the Company here, for the creation of any advertising materials, unless otherwise is determined by us. In case if the Publisher produces the advertising materials for placement, as well as distorts the advertising materials provided by the Company for placement, the Publisher is fully responsible for the placement of these advertising materials as an advertising distributor and advertiser in accordance with the applicable law, and undertakes to independently settle all arising claims, disputes, including judicial ones, to settle all other disputable situations, including with state structures and third parties.
4.6. The publisher undertakes to update partnership links in time and independently monitor the links functionality.
4.7. The Publisher is notified and agrees that the Company has the right to pay the Publisher a fee only after the Publisher has confirmed the reconciliation with the Company.
5. IT IS PROHIBITED IN THE PARTNERSHIP NETWORK
5.1. To attract fictitious orders.
5.2. To use these types of traffic and marketing methods:
- Contextual advertising of the brand;
- Incent traffic;
- Implementation of the marketing activities on behalf of EnglishDom (maintaining groups on social networks, maintaining mailshots and so on).
If any suspicious activity is detected, EnglishDom reserves the right to unilaterally invalidate the traffic.
6. PAYMENT FOR PUBLISHER’S SERVICES
6.1. The Publisher receives remuneration from the Company, which directly depends on the number of attracted leads.
6.2. Until the 15th every month, a reconciliation is carried out according to the number of attracted leads and the amount to be paid for the previous reporting period. Payment for the previous reporting period is done by the 20th every month.
6.3. Reconciliation is implemented by sending an email message from the employee of the Company to the Publisher’s email address specified during registration. To receive a remuneration, the Publisher must confirm the reconciliation in the response to the letter, indicating the details for remuneration payment.
6.4. The Publisher is solely responsible for the declaring and for paying all taxes related to his/her participation and / or the provision of services within the partnership network.
6.5. The Publisher is solely responsible for the payment details provided and confirms that they are true, complete and accurate. The Publisher gives permission to store such data, that is confirmed by filling out the appropriate forms in his/her personal account. All payments will be made to the payment details specified by the Publisher. The Company is not obliged to verify the payment information provided by the Publisher.
6.6. The Publisher undertakes to immediately return to the Company any money that was mistakenly paid to the Publisher by the partnership network.
7. DURATION AND TERMINATION OF THIS PUBLIC AGREEMENT
7.1. This public agreement is concluded for an indefinite period.
7.2. The parties can terminate the agreement at their own wish at any time. For this, the Party initiator must notify the other Party by e-mail 30 days before the date of agreement termination. In case if that there are unfulfilled obligations under these Terms, the relevant Party is obliged to fulfill its obligations in full, after which the agreement is considered as terminated.
7.3. Termination of the Agreement does not release the Parties from liability for its breach that took place during its operation.
7.4. The termination of the Agreement does not terminate its privacy and intellectual property rights provisions. This rule is valid for 3 years from the date of agreement termination.
8.1. Each party undertakes to use the Confidential Information to fulfill its rights and obligations under these Terms only. The Parties undertake not to disclose Private Information.
9. RIGHTS TO USE INFORMATION
9.1. The information obtained in the process of participating in the EnglishDom partnership network is allowed to be used exclusively within the partnership network. The transfer to the third parties and use for other purposes are prohibited.
9.2. The EnglishDom partnership network and its components (products and applications) are protected by applicable copyright and related rights laws.
9.3. EnglishDom provides Publishers with a temporary, free of charge, non-exclusive right to use the services and applications provided and the data they contain solely as part of the EnglishDom partnership network. In case of termination of the contract, this right is no longer valid.
9.4. Other uses of the information are prohibited. It is STRICTLY FORBIDDEN to the Publisher to transfer the rights granted to him/her to use services, applications and data to third parties in whole or in part, provide access to them, modify or process them in any other way, transfer in other forms or create their own databases or information services based on the mentioned products.
10. LIABILITY AND LIABILITY LIMITATION
10.1. EnglishDom is not responsible for damage or interference caused by the content of third parties' web pages, errors in the software or hardware of the member of the partnership network, as well as for damage caused by insufficient accessibility or limited functionality of the Internet.
10.2. The Publisher is obliged to indemnify EnglishDom (including its directors, employees, agents or contractors) from any claims, costs, losses and expenses (including legal fees) arising from any complaints, actions, claims or legal proceedings from third parties against EnglishDom, as a result of or in connection with any violation done by the Publisher of any guarantees provided for in this Agreement, gross negligence or willful misconduct of the Publisher.
10.3. The Company is not responsible for the work of the Publishers located on the territories subject to international sanctions and from territories where military operations are temporarily carried out.
Without any prior notice, the Company has the right to limit, suspend or terminate the legal relationship with the Publisher, without reimbursing him for losses incurred, if the Company has the data to believe that the Publisher or his/her affiliates (intentionally or unintentionally) are promoting Company products from territories under international sanctions restricting doing business and / or from temporarily occupied territories where military actions may take place and work with which can be recognized as interaction with elements of terrorism.
11. CHANGES OF THESE TERMS
11.1. The company reserves the right to change the provisions of these Terms without justification and at any time. When this happens, that date will be shown in the "Last Updated" column at the top of these Terms. The Publisher is solely responsible for reviewing these Terms regularly.
11.2. If the Publisher uses the Company's partnership network after the changes to these Terms have been made, it indicates the Publisher's consent to the changes and readiness to assume the obligations specified in these Terms. Disagreement with the changes in the Terms entails termination of this Agreement, as well as termination of work with the partnership network of the Company.
12.1. The parties are liable for violation of the provisions and conditions stipulated by these Terms in accordance with the current legislation of the Republic of Estonia.
12.2. The parties will endeavor to resolve through negotiations any disputes and / or claims that may arise in connection with these Terms, including any questions regarding their validity, breach, termination or invalidity. In case of a dispute, the Publisher is obliged to contact us first at the following email address firstname.lastname@example.org indicated on the Website and to try to resolve the issue directly with us.
12.3. З Except the cases directly stipulated in these Terms, any dispute or claim related to access to the Website, use of the EnglishDom Services or otherwise related to these Terms or EnglishDom Services, and which cannot be resolved directly between the Publisher and the Company within 30 days from the date of the dispute, must be resolved by the competent court of Estonia.
12.4. The Publisher and EnglishDom agree that any legal dispute shall be considered as a dispute between EnglishDom and the Publisher in person. To the maximum extent permitted by law (1) no litigation should be merged with any other process; (2) it is prohibited to resolve any legal dispute on a group basis or using group procedures; (3) it is prohibited to refer a litigation dispute to representatives of the general public or to other persons.
12.5. Exceptions to Binding Litigation: The above binding litigation provisions do not apply to the following disputes: (1) any dispute aimed at enforcing or protecting any intellectual property rights owned by Publisher or EnglishDom; (2) complaints about taking measures to secure a claim.
13. FORCE MAJEURE CIRCUMSTANCES
13.1. The Parties are fully exempt from liability for failure to comply or improper fulfillment of the conditions of the Terms that occurred as a result of force majeure circumstances, including but not limited to: fires, explosions, floods, storms, epidemics, strikes, natural disasters, wars, terrorist acts, riots or other circumstances that directly affect the ability to comply with these Terms.
13.2. The Party for which it has become impossible to fulfill the conditions of these Terms due to the occurrence of force majeure circumstances is obliged to notify the other Party about this no later than 10 (ten) calendar days from the moment of occurrence of such circumstances. Untimely notification of force majeure circumstances makes it impossible for the relevant Party to refer to them.
13.3. The term for fulfilling obligations under these Terms is extended for the duration of the force majeure circumstances. If the force majeure circumstances continue for more than 30 (thirty) calendar days, each of the Parties has the right to demand termination of the contractual relationship on the basis of these Terms. The onset of force majeure circumstances is confirmed by a document issued by the relevant authorized body.
14. OTHER CONDITIONS
14.1. If individual provisions of these Terms, in whole or in part, become invalid, the validity of the remaining provisions remains in effect. The provision that has become invalid is considered to be replaced by another one that is closest in meaning and purpose. The same applies to possibly omitted provisions of these Terms.
14.2. The rights and obligations arising from these Terms can be transferred to a third party only with the permission of EnglishDom.
14.4. To use the services of the EnglishDom partnership network, the use of certain hardware and software systems, telecommunication networks and third-party services is required. EnglishDom is not responsible for any resulting costs, damage or interference.