PUBLIC OFFER
This Public Offer is a legal act that carries the function of the main regulatory set of rules for the interaction of all participants of the Affiliate Network. This Public Offer shall be accepted by all participants of the Affiliate Network on the terms as described in the said document.
In this Offer, the Webmaster and the Advertiser may be collectively referred to as "Participants of the Affiliate Network".
The Offer comes into force and the consent of the Participant to its terms is confirmed from the moment of his registration in the network.
1. PROCEDURE FOR REGISTRATION ON THE WEBSITE. ACCEPTANCE OF THE OFFER
1.1. Getting access to the Affiliate Network.
1.2. The right of registration is available for natural persons and legal entities or their proxies.
1.3. By submitting the registration form and clicking the Register button, Participants accept this Offer, and thereby unconditionally agree to the terms and conditions of participation in the Affiliate Network.
1.4. To undergo complete registration and obtain access provided for the network, the Participant must submit a welcome form and pass moderation, and then get in touch with the manager of the network using the contact specified in the questionnaire.
1.5. If the Participant fails to comply with the above registration procedure, reserves the right to refuse registration without specifying the reasons.
1.6. After successful registration and account activation, the Participant gets access to use the functionality provided for his role in the Affiliate Network.
2. THE SUBJECT OF THE OFFER. THE RULES FOR THE PARTICIPANTS OF THE AFFILIATE NETWORK
2.1. The subject of this Offer is providing access to the Participants for using the Affiliate Network, which is located on the Internet website under the domain name www.fanaticsaffiliate.com.
2.2. By registering on the website www.fanaticsaffiliate.com, accepting the terms of this Offer, and placing the advertising materials the Advertiser gives his consent and guarantees the following:
2.2.1. The Advertiser fully agrees to conclude an agreement with Fanatics Affiliate, as well as to distribute his advertising materials on the Internet by the Webmasters that are registered on www.fanaticsaffiliate.com;
2.2.2. The Advertiser independently determines the goods and/or services as objects of advertising, as well as advertising media. Fanatics Affiliate does not analyze advertising materials for compliance with current legislation. The final decision on the placement of the advertising materials is made by the Advertiser. The Advertiser guarantees that under no circumstances Fanatics Affiliate will be liable to state regulatory authorities and/or third parties for the unreliability of the distributed advertising information, as well as for the inconsistency of advertising materials with the legislation of the country of their distribution.
2.2.3. The materials distributed by the Advertiser shall not contain false information, as well as information prohibited for distribution, including but not limited to data of pornographic nature, terrorist threats, incitement of ethnic hatred, etc. If Fanatics Affiliate is held liable by the regulatory authorities for the Advertiser's violation of this guarantee, or if an action is brought against Fanatics Affiliate in respect of such materials, the Advertiser shall undertake to assume full responsibility, and also compensate all losses incurred by Fanatics Affiliate.
2.2.4. The advertising materials of the Advertiser shall in no way violate the property rights, copyright, related or patent rights, rights to means of individualization, personal and other rights of third parties, and also shall not damage their honor, dignity and business reputation. If Fanatics Affiliate is held liable by the regulatory authorities for the Advertiser's violation of this guarantee, or if an action is brought against Fanatics Affiliate in respect of such materials, the Advertiser shall undertake to assume full responsibility, and also compensate all losses incurred by Fanatics Affiliate.
2.2.5. The Advertiser shall have the full scope of the powers regarding trademarks, service marks, brand and/or commercial names that are used to identify the object of advertising.
2.3. By registering on the website Fanatics Affiliate, accepting the terms of this Offer, and placing advertising materials provided by the Advertisers the Webmaster gives his consent and guarantees the following:
2.3.1. The Webmaster fully agrees to conclude an agreement with Fanatics Affiliate, as well as to use advertising materials of the Advertisers which are registered on www.fanaticsaffiliate.com.
2.3.2. The Webmaster independently creates advertising material for distribution of the Advertiser's product/service and shall guarantee that such advertising materials shall not contain false information, as well as information prohibited for distribution, including but not limited to data of pornographic nature, terrorist threats, incitement of ethnic hatred, etc. The Webmaster shall undertake to assume full responsibility, and also compensate all losses incurred by Fanatics Affiliate.
2.3.3. The Webmaster, at his own discretion, chooses websites for the placement of the Advertiser's materials, and if necessary attracts third parties to work with them. Fanatics Affiliate does not analyze the websites used by Webmasters to post materials for compliance with the current legislation. The final decision on the placement of advertisement on a particular website is made by the Webmaster. In addition, the Webmaster shall guarantee to exclude the advertising websites that use methods of forcing visitors to make transactions, such as, for example, forced clicks, chargeable text message scam, etc. At the same time, the Webmaster shall guarantee that Fanatics Affiliate will not under any circumstances be liable to state regulatory authorities and/or third parties for the violation by the Webmaster of his guarantees. If Fanatics Affiliate is held liable by the regulatory authorities for the Webmaster's violation of this guarantee, or if an action is brought against Fanatics Affiliate in respect of the placement of advertisement, Fanatics Affiliate will not be a guilty party under any circumstances, and the Webmaster shall undertake to assume full responsibility, and also compensate all losses incurred by Fanatics Affiliate.
2.4. Webmasters place Advertisers’ materials on their websites, as well as on the websites of the attracted third parties. When an Internet user goes to the Advertiser's website, or otherwise contacts the Advertiser through advertising materials placed on the websites of the Webmasters and /or third parties, and makes a transaction (target action), the Webmaster achieves the stated goal and receives a pre-agreed reward. A transaction in this context is considered to be pre-determined targeted actions (leads) that are performed by Internet users, for example, buying an Advertiser's product/ services, installing an Advertiser's mobile applications, or subscribing to a newsletter, etc.
2.5. When accepting this Offer, Participants are notified and give their full consent that Fanatics Affiliate monitors and takes into account all leads and provides Participants with statistical data, as well as calculates rewards. Fanatics Affiliate makes the final decision on whether the transaction took place or not. All statistical data are taken into account using the statistical lead counting system located on the website www.fanaticsaffiliate.com. Where there is inconsistency in the statistics between Fanatics Affiliate, the Advertiser and/or the Webmaster, the statistics of Fanatics Affiliate prevails.
2.6. The Advertiser shall pay to Fanatics Affiliate for all completed leads on the placed advertising materials based on Fanatics Affiliate statistics.
2.7. Fanatics Affiliate provides the services on the website in real time and can suspend them if it is necessary to carry out preventive maintenance on the website, etc.
2.8. The decision on the admission of the Webmaster and Advertiser to the Affiliate Network is made solely by Fanatics Affiliate.
3. GUARANTEES OF PARTICIPANTS
3.1. The Participants guarantee that the personal data they entered during registration is valid and up-to-date. In case of changes in the above stated data, Participants are obliged to make changes in their personal account as soon as possible, or notify Fanatics Affiliate in writing.
3.2. The Participants are solely responsible for the safety of their access data (login and password) to the Fanatics Affiliate Affiliate Network and shall not disclose them to third parties.
3.3. The Participants of the network shall not undertake any actions affecting the operation of the Fanatics Affiliate Affiliate Network. Such actions are understood as attempts to technically affect the performance of the Affiliate Network servers, attempts to hack protection mechanisms, use viruses, Trojans, and other malicious programs for any of their purposes. Such actions are also brute force attacks, DoS (DDoS) attacks, spam, the use of links and any other processes that can harm the work of the Affiliate Network.
4. RESTRICTIONS IN THE Fanatics Affiliate AFFILIATE NETWORK
4.1. It is prohibited to conclude transactions by methods or means that contradict the current legislation of the place of transaction, this Offer, and additional rules of Advertisers declared when placing advertising material.
4.2. It is prohibited to use advertising methods that make it possible to register a paid action, but force the visitor to perform these actions through deception, blackmail, or any other actions that violate the visitor's rights to freedom of choice.
4.3. It is prohibited to use any technologies and types of cookie stuffing (cookie dropping). It is prohibited to use scripts that allow you to put cookies on sites that the User has not visited or viewed. It is prohibited to rearrange, replace, or grind the User's cookies to others that do not belong to the sites that the User viewed, including replacing cookies by using popups, iframes, as well as substitution when inserting the address of a third-party page as an image on an existing site.
4.4. It is prohibited to register and/or use for promotion domains similar to the domains of the Advertiser's websites.
4.5. Participants undertake to provide only reliable information during registration, as well as other information and data, including but not limited to advertising placement, and accounting for completed leads and rewards, and guarantee that such information does not contribute to misleading of Fanatics Affiliate.
4.6. In case of violation by the Webmasters of the guarantees specified in paragraphs 4.1. - 4.5. their personal accounts are blocked by Fanatics Affiliate without any warning and payment of compensation.
5. PAYMENTS TO THE PARTICIPANTS
5.1. The Webmaster gets a reward from Fanatics Affiliate, which directly depends on the leads received for the target action. In case of account verification, the payout hold can reach up to 4 weeks, depending on the offer.
5.2. The Advertiser pays a reward to Fanatics Affiliate, which directly depends on the leads received by the Advertiser for the target action.
5.3. In each case, the amount of reward is determined by the type of paid action and the tariff set by Fanatics Affiliate for this action at the time the target action has been executed. Fanatics Affiliate may change the tariff. Participants undertake to learn about the current and modified tariffs in the interface of the Fanatics Affiliate Affiliate Network. Registration of Participants in the Fanatics Affiliate network means that they agree with the current tariffs.
5.4. No other costs incurred by Network Participants related to the placement and/or distribution of advertising materials are reimbursed by Fanatics Affiliate.
5.5. Fanatics Affiliate maintains an internal settlement account for each Participant for all operations with crediting and payment of rewards.
5.6. Fanatics Affiliate pays rewards to the Webmasters only upon request. The Webmaster specifies the amount to be paid out, as well as the method of transfer offered by Fanatics Affiliate. The amount to be paid may not exceed the total amount of reward available on the Webmaster's account.
5.7. The Advertiser shall deposit funds to his account according to the agreement.
5.8. No interest is accrued on the reward funds held on the accounts of the Participants of Fanatics Affiliate Affiliate Network, regardless of the payment period.
6. VALIDITY PERIOD OF THIS OFFER AND ITS TERMINATION
6.1. The present Offer is open-ended.
6.2. The Participants may terminate the agreement on their own will at any time by notifying in writing about the termination of the agreement 30 (thirty) calendar days prior to the date of termination.
6.2.1. The Advertiser shall pay to Fanatics Affiliate all expenses actually incurred, as well as the leads made based on Fanatics Affiliate statistics.
6.3. All payments are made according to the payment details specified by Participants and Fanatics Affiliate. Participants are solely responsible for the correctness of the details specified by them during registration.
6.4. Fanatics Affiliate may terminate the agreement unilaterally at any time by notifying of the termination in writing.
6.5. Fanatics Affiliate has the right to terminate this agreement with any Participant of the network if the reason for termination is a violation of the terms of this agreement and/or the current legislation of the country of placement or place of transaction. If, in connection with such a violation, Fanatics Affiliate has suffered financial damage or other losses, the guilty party must compensate for such damage/losses on the basis of Fanatics Affiliate's written request.
7. DATA PROTECTION
7.1. Fanatics Affiliate stores and processes data obtained exclusively through registration forms and data entry in the personal account of the Participants, as well as received during the period of cooperation with the Fanatics Affiliate Affiliate Network. By registering on the website www.fanaticsaffiliate.com, the Participants give their consent to the processing of the personal data specified by them.
7.2. Fanatics Affiliate guarantees the safety of personal data. Personal data is used only to ensure the functioning of the agreed processes in the Affiliate Network and is not transferred to third parties.
7.3. The contact details received during registration of the Participants of the Fanatics Affiliate Affiliate Network are used for communication between the Fanatics Affiliate Affiliate Network and its Participants.
7.4. Participants shall comply with the confidentiality conditions for the information received from Fanatics Affiliate and not disclose it to third parties.
8. THE RIGHTS TO USE INFORMATION
8.1. The information received during the cooperation with the Fanatics Affiliate Affiliate Network is allowed to be used solely to execute this Offer.
8.2. Fanatics Affiliate grants the Network Participants a temporary, non-exclusive right to use the Fanatics Affiliate Affiliate Network during the validity period of this Offer. In case of termination of this Offer, the granted right shall cease to have effect.
9. LIABILITY AND LIMITATIONS OF LIABILITY
9.1. Fanatics Affiliate shall not be liable for damage or interference caused by the content of the websites of Network Participants and third parties involved by them, errors in the software or technical means of the Participants, as well as for any damage caused by insufficient availability or limited functionality of the Internet.
10. CHANGES TO THE PRESENT RULES
10.1. Fanatics Affiliate reserves the right to change the provisions of this Offer without justification at any time.
11. FINAL PROVISIONS
11.1. If certain provisions of these Rules fully or partially cease to have effect, the validity of the remaining provisions remains in force. The invalid provision is considered to be replaced by another one that is closest in meaning and purpose. The same applies for possible omitted provisions of these Rules.
11.2. To resolve disputes in court, the current legislation of the country of advertisement distribution shall be applied.
11.3. The use of the Fanatics Affiliate Affiliate Network provides for the use by the Participants of certain technical means and software complexes, telecommunications networks, and services of third-party organizations. Fanatics Affiliate shall not bear any responsibility for the resulting costs, possible damage, and interference.