This user agreement is a legal act containing a public offer and serves as the main regulatory set of rules for interaction of all members of the LEMONAD Partner Network. This User Agreement is accepted by all members of the LEMONAD Affiliate Network on the terms set forth in the said document.
Visitor is an individual who has reached the age of majority, who, by his actions, is able to acquire civil rights for himself and independently exercise them, as well as the ability by his actions to create civil obligations for himself, independently fulfill them and bear responsibility in the event of their failure, who has visited the site for informational purposes, but did not accept the public offer.
Webmaster is an individual or legal entity who has reached the age of majority, who, by his actions, is able to acquire civil rights for himself and independently exercise them, as well as the ability by his actions to create civil obligations for himself, independently fulfill them and be liable in case of non-fulfillment, who has accepted the terms of this user agreement and using the services of the site, having entered into an agreement with the Administration for the provision of paid services.
Affiliate network «LEMONAD» (abbreviated — Affiliate network) is an online information platform created and operating for the purpose of placing commercial offers by Advertisers, generating, increasing and / or maintaining interest among the population by Webmasters, as well as for the purpose of implementing commercial offers to the end consumer — To the client.
Administration – LEMONAD Affiliate Network.
Website — an Internet resource created for the functioning of the LEMONAD Partner Network, which has a domain name — http://limonad.com/. Is under organizational control and owned by the administration, on the terms of the right of private property.
Parties (also — Participants) — Visitor, User (subdivided into: Webmasters, Advertisers, Clients) and Administration.
Advertiser — a person who has made an Acceptance, creates a commercial offer for a certain product (services), designed in the form of advertising materials, with the aim of alienating a certain product and / or service.
Advertising materials — information materials of an advertising nature, created by third parties at the request of the Advertiser, containing information (photographs, videos, audio tracks, graphic elements, text and other elements) about the proposed product.
Client — A person who has left a confirmed application for the purchase of goods and / or services advertised on the sites of the Administration, or on the website.
Offer — a separately taken offer to purchase goods and / or services (hereinafter — the subject of the Offer), expressed in the format of a website.
Confirmed order — is the result of interaction between the Client and Administration / Advertiser (or his Representative), expressed in ordering. Ordering is carried out by confirming the intentions of the Client through a telephone conversation with the Administration / Advertiser (or his Representative).
Prohibited methods of attracting traffic — methods that involve attracting traffic to an online information platform created and operating for the purpose of placing commercial offers by Advertisers, generating, increasing and / or maintaining interest among the population by Webmasters, as well as for the purpose of implementing commercial offers objects to the end consumer — the Client using:
- technologies of spam attacks (e-mail, sms, in messengers, social networks, boards, etc..);
- hacked accounts of individual users of social networks;
- traffic from hacked web pages;
- technologies for boosting traffic (bots, CAP, etc.);
- fraudulent methods — by misleading the audience or by coercion;
- web pages that contain the characteristics defined in clause 2.12. User Agreement;
- with the content of direct or indirect generally accepted signs of pornography;
- insults, infringes upon someone’s dignity, business reputation;
- discriminates on the basis of gender, nationality, skin color, language of communication, personal worldview, religion;
- of a fraudulent nature that misleads about the qualitative, quantitative and / or other characteristics of the Offer object;
- calls for violence, outrage, violent overthrow of power, state and / or military coup;
- about suicide and its methods;
- on the methods of creation, storage, sale, use of narcotic and / or psychotropic substances;
- on tobacco smoking and the use of alcoholic beverages by minors;
- about prohibited services;
- containing malicious software and (or) other information that may harm third parties;
- violates copyright, related rights and / or trademark rights of third parties;
- other information entailing a violation of the norms of current legislation, a certain territorial jurisdiction.
Permitted methods of attracting traffic:
- from banner and teaser networks;
- from affiliate programs;
- from contextual advertising;
- from social networks;
- posting information about Offers on thematic resources, in accordance with the rules of such resources.
Public offer — an offer addressed by the Administration to an indefinite circle of persons or to several specific persons, which definitely, specifically, and expresses the intention of the person who made the offer to consider himself to have entered into this User Agreement with the addressee who will accept the offer.
Acceptance — full acceptance by one of the Parties of the terms of the Administration’s public offer to conclude this user agreement. The acceptance of a public offer occurs at the moment of starting to use the site and its services (services), which is confirmed by the following actions (including but not limited to:
- registration of a Webmaster account;
- registration by the Client of an application for the purchase of the subject of the Offer;
- payment by the Advertiser for the Administration / Webmaster services.
User agreement (abbreviated — Agreement) — a document containing a public offer, defining the general rules for visiting the site, 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 Provisions
1.1. This User Agreement (hereinafter referred to as the «Agreement«) defines the general rules for visiting, using the services and norms of general behavior in the Affiliate Network. The Agreement regulates civil law relationships that develop between the participants of the Partner Network in the process of their interaction.
1.2. This agreement can be changed by the decision of the Administration unilaterally. A notice of changes to this Agreement is published by the Administration on the Site. The administration is not obliged to personally notify the Parties about such changes.
1.3. The terms of the agreement apply to all Site Visitors, without exception.
1.4. In case of disagreement with the provisions of this agreement (in part or in whole), the person who has expressed such a will does not have the right to use the information field and target services offered on the site.
1.5. The visitor has the right to use the services of the LEMONAD Partner Network in any country, if it does not contradict the legislation of that country. If the Visitor wants to use this service in the territory where the use of the services of the LEMONAD Affiliate Network is not provided for by law or is prohibited, the Visitor does not have the right to conclude this Agreement and to use the services of the LEMONAD Affiliate Network.
1.6. By accepting the terms of this Agreement, the Visitor confirms that the use of the services of the LEMONAD Partner Network in the territory of his residence is permitted by law. Moreover, if the Visitor resides in the territory of a jurisdiction whose legislation imposes age restrictions on the use of Internet applications or on the conclusion of legally binding agreements, such as this Agreement, and the Visitor is a subject of this jurisdiction that does not meet the age requirement, he does not have the right to conclude this Agreement and to use the services of the LEMONAD Partner Network.
1.7. The parties have agreed that the person who has accepted the public offer has read the provisions of this User Agreement and understands the legally significant consequences of the conclusion of this Agreement. He understands the essence, the scope of obligations established for each of the parties to this Agreement.
2. Regulation of the parties interaction
2.1. The Administration provides Visitors for use with information about the format of interaction between the Parties, the benefits of the Affiliate Network, the capabilities of the Participants, as well as information about the offered Offers. The information field of the site includes, but is not limited to: the general area of use — for site visitors, the area for Users — 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 within the Site, but does not 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 a personal manager. A personal manager is assigned to each User who has accepted the terms of this User Agreement and has completed the registration procedure on the site. The administration has the right, but is not obliged to provide the service of a brief consultation of a recommendatory nature on the questions asked. Such consultation is provided free of charge.
2.4. To receive the service specified in clause 2.3. User agreement, the user independently places a request for such a service through: skype-connection, telegram, e-mail. The personal data of the accounts of the personal manager in skype and / or telegram networks are contained in the corresponding information block of the Partner Network. If such a service is necessary, the User is obliged to briefly formulate his question, as well as leave contact information — E-mail, 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 a 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 site does not provide any exclusive rights and privileges, including to the tangible / intangible property of the Administration.
2.7. The parties to this agreement have come to an agreement that the Administration has the right to place advertising blocks, banners, ads in any of its areas on the site without the additional consent of 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 intellectual activity of the Administration, expressed in graphic, text, audio-video form posted by the Administration on the website.
2.9. The administration is not responsible for protecting the rights of the User, which were violated by third parties, in the context of the settlement of disputes arising on this basis, including in court.
2.10. Violation by the User of copyright owned by the Administration and (or) other persons’ entails liability for the violator provided for by the provisions of the current legislation of the Russian Federation.
2.11. In the event of a violation of copyright by the members of the Affiliate Network, through illegal placement of materials that do not belong to such persons, the Administration has the right to withdraw such materials from the public access of the Affiliate Network, at the first request of the legal copyright holder.
2.12. The User and (or) the Visitor is prohibited from posting on the site information that directly or indirectly contains generally accepted signs of pornography, offending, infringing, damaging someone’s dignity, containing calls for violence, outrage and other actions that entail violations of the current legislation, of a certain territorial jurisdiction, containing malicious software and (or) other information that may harm third parties.
2.13. In case of violation of the terms of 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, the persons who have committed violations shall be liable under the provisions of this Agreement and (or) the current legislation of Russia. 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 of third-party (external) resources, links to which may be posted on the site. The results are understood as any result, regardless of its nature, as well as one from the occurrence of which the injured party suffered moral and / or material damage.
2.15. The subjects of the Offers offered to 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 of Russia, is certified and complies with the requirements determined by the legislation in the field of consumer protection.
2.16. The site does not distribute goods and / or services. The main functional purpose of the Site is to organize a meeting place for the Advertiser, Webmaster and / or Clients in the virtual space. The Administration of this User Agreement imposes appropriate obligations to maintain the functionality of the Site.
2.17. The Administration provides for temporary use to Webmasters, Advertisers, Webmasters, Clients the information field of the Site and / or sites, undertakes to provide support provided for by the User Agreement.
2.18. The administration reserves the right to refuse to service certain persons, without providing additional explanations of the reasons.
3. The order of using the services by the Webmaster
3.1. The webmaster has the right to freely use the services and offers set forth on the site in full, unless such use is illegal, violates the rights, freedoms and interests of the Administration and (or) the Webmasters of the site.
4. The procedure for using the functionality of the Website:
- A visitor who has expressed an intention to become a Webmaster independently visits and gets acquainted with the information about the procedure on the site.
- To obtain the full range of possibilities offered by the Administration, the Visitor independently goes through the stage of registration on the website.
- In order to start the registration procedure, the Visitor clicks the «Register» button posted on the website.
- After clicking the «Register» button on the site, the Visitor will be offered a registration form within the site, which must be filled out.
- To successfully complete the registration procedure, the Visitor undertakes to fill in the required fields — Login, Password, e-mail, telegram, mobile phone number, etc. sections.
- The registration procedure is completed if the requirements provided for in clauses are met. 4.3-4.7 of the Agreement and clicking the «Register» button by the Visitor directly in the registration form.
- Successful completion of the registration procedure on the site is confirmed by an electronic notification that is sent to the Visitor to the email address specified by him in the registration form. From the moment of the occurrence of the circumstances described in this clause of the Agreement, 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 of Russia.
- The offer is placed by the Administration at the request of the Advertiser on the terms determined by the information field of the site, the User Agreement, by contacting a personal manager.
- If necessary, the Administration has the right to provide Visitors with consulting and information services in the manner prescribed by this User Agreement.
- The administration has the right not to respond to the posted request of the Webmaster and not to provide an answer if this request is made in violation of the rules set out in 2.5. Agreements.
- In carrying out the tasks of promoting Offers, the Webmaster is prohibited from using methods and tools that may violate the rights and interests of third parties. Somehow: traffic from hacked sites, traffic attracted using spam technologies, traffic generated by any fraudulent methods, false traffic (by misleading the Internet user), etc.
- The Webmaster’s remuneration is paid by the Advertiser in the manner determined by the functionality of the Affiliate Network, based on statistical data provided by the Affiliate Network accounting system.
- Remuneration to the Webmaster is paid in the order of 100% postpay.
- The amount of the Webmaster’s remuneration is determined by the functionality of the CPA network and depends on the amount of work actually done, which is recorded in the manner prescribed by clause 8.18. Agreements.
The parties agreed that the Administration has the right to raise the issue of the actual withholding of the payment of the Webmaster’s remuneration before the Advertiser:
- for a period of up to 30 calendar days, in case of investigating complaints of third parties about the actions of the webmaster in the process of promoting Offers;
- for a period of up to 180 working days, intended for the Administration to investigate the use of prohibited methods of promoting Offers by the webmaster, including the use of prohibited traffic;
The Administration has the right to put before the Advertiser the question of stopping the payment of the Webmaster’s remuneration in cases:
- the presence of violations in the actions of the webmaster on complaints from third parties;
- use by the Webmaster of prohibited methods of attracting traffic provided for by this Agreement;
- 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 for payment for products
5.1. The cost of the subject of the Offers is determined by the Advertiser and is published within the framework of the Offer, which is available in the public domain.
5.2. The price of the products indicated on the site is dynamic, is for informational purposes only, is distributed in order to determine the price benchmarks of services, and can be changed by the Advertiser without further notice to 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 making a payment, the Client independently contacts 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 inquiries addressed to it by the Clients on the issues mentioned in this clause of the Agreement.
5.5. 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 making a payment, the Client independently contacts 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 inquiries addressed to it by the Clients on the issues mentioned in this clause of the Agreement.
6. Product delivery procedure
6.1 Delivery of the Offer subject to the Client is carried out in a way previously agreed by the Parties.
6.2. Delivery of the Offer subject to the Client is carried out in a way previously agreed by the Parties.
6.3. The procedure and time for delivery of the subject of the Offer to the Client is 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 trading carried out remotely.
6.4. The parties 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 Subject of the Offer is transferred to the Client only after the Client pays the Offer to the Advertiser for the full cost of the product.
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 accepts the terms of this Agreement, agrees to cover the logistics costs of the Offer subject, directly to the address of receipt.
7. Product return procedure
7.1. The return of the subject of the Offer 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. Return of the Offer subject is made to the Advertiser who transferred the Offer subject in favor of the Client.
7.3. All issues related to the organization of the return of the Offer subject, refund, compensation for 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 products can be used exclusively by the Webmaster who acquires it.
7.5. The advertiser is obliged to post complete and reliable details of the legal entity / individual entrepreneur selling products and / or services within the framework of the landing page he is developing. Failure to comply with this rule is not permissible, it is a violation of this Agreement and is the basis for the termination of the landing page service by the Administration, within the framework of 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 the case of using the results of the intellectual property of the Administration — the materials of the site, for any purpose, the User must first, before posting such materials, obtain permission from the administration for this. 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: Partner network «LEMONAD» http://limonad.com/. The hyperlink must be active and direct, when you click on it, you go to a specific page of the site from which the material was 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 entailed a 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 Offers.
8.5. The administration is not responsible for the content of the reviews of the Site Users. Reviews of the Site Users are the subjective opinions of their authors, in no way pretending to be objective. They may not coincide with public opinion and do 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 a person to the Administration, 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 requisites of the applicant (full name, contact information).
8.8. The administration is not responsible for the registration data that were indicated by the Users when interacting with the information field of the site during the registration of the User.
8.9. The administration has the right, without giving reasons, to restrict, block the access of the Visitor and / or the User to the site, 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 site.
8.12. The Parties declare that they have accepted the Agreement with a clear memory and full understanding of the legal consequences of concluding such Agreements. The essence and scope of obligations that are established for each of the Parties by this Agreement are fully clear to them. 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 of Russia.
8.14. In the event that the Webmaster is caught in the actions provided for in clause 8.13, The Administration completely disclaims 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 Orders 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 Remuneration, 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. Funds are credited by the Administration / Advertiser to the details specified by the Webmaster in the Webmaster profile settings of the Commodity Network. Payment of remuneration is carried out only to 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 date of ordering the payment. The parties agreed that the Administration has the right to put before the Advertiser the issue of suspending the payment of remuneration 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 has the right to ask the Advertiser about the actual deduction of taxes and fees from the paid amount of the Remuneration to the Webmaster in the amount 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 applies when the Advertiser has tax agency obligations.
8.20. The administration has the right to freeze the withdrawal of funds to the Webmaster in case of suspicions about the quality of its traffic until the circumstances are clarified and an internal check is carried out. During the check, the Administration may request from the Webmaster materials for confirming the settings of advertising campaigns, such as: settings for ad groups with the names of advertising campaigns and links in the address bar, as well as a video confirming the number of leads and costs for the entire duration of the campaign, or any other confirming materials.
9. Dispute settlement procedure
9.1. In the event that information posted on the Website containing the results of intellectual property belonging to third parties is revealed, the copyright holder is obliged:
9.1.1. Draw up a claim indicating the factual and regulatory grounds that enable the Administration to remove information from public access.
9.1.2. Attach proof of the originality of the result of intellectual property to the claim (original copy, other documents confirming the ownership of the copyright object).
9.1.3. Send the package of documents mentioned in the provisions of clauses 9.1.1., 9.1.2. of this Agreement, to the administration’s email address: [email protected].
9.2. Webmasters’ claims for the quality of service, products, as well as other comments should be sent to the administration’s email address: [email protected].
9.3. The administration is not obliged to facilitate 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 for in clause 7.1. Of the User Agreement, on an equal footing, has the right not to respond to Clients’ requests to its address in connection with the specified circumstances.
10. Other conditions
10.1. All possible situations, disputes arising from the relationship of 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 of Russia.
10.2. The parties to this agreement are aware of the scope of the rights and obligations generated by the relationship of the persons mentioned in this agreement, and fully report their actions, understanding the legal significance of the consequences of such actions, in full.
10.3. Inaction on the part of the Administration, in case of violation by any of the Webmasters of the provisions of the Agreement, does not deprive the Administration of the right to take later appropriate actions in defense of its interests and protection of legally protected rights.
10.4. For all questions, except for those fixed in Section 9 of the User Agreement, Users can contact the Administration by sending appropriate requests.
11. Contact details
11.1. All suggestions or questions regarding this User Agreement should be reported to the Administration at the appropriate e-mail address: [email protected].