Terms of use

Affcore International FZ-LLC (hereinafter “Affcore”), registered at XXXXXXX, manages the Partner Network at www.affcore.com and provides the Publishers with the opportunity to work with Affiliate Programs of the Advertisers of the Affcore Partner Network.

Terms for publishers

Affcore XXX (hereinafter “Affcore”), registered at XXXXXXXXX, manages the Partner Network at www.Affcore.com and provides the Publishers with the opportunity to work with Affiliate Programs of the Advertisers of the Affcore Partner Network. To participate in the Affcore Partner Network, the Publisher agrees to unconditionally comply with these Terms of Use (hereinafter the “Terms”).

The participants of the Partner Network are Advertisers, Publishers, and Affcore.

Advertisers are the persons who define the terms of Affiliate Programs and provide opportunities for advertising their goods and services through various advertising media and the provision of Ad Creatives. Advertisers provide Ad Creatives such as graphic banners, text links, XML product catalogs, and other types of Ad Creatives.

Publishers are the persons placing Ad Creatives at their declared Ad Spaces.

General provisions

1.1. To participate in the Partner Network, the Publisher submits a registration form on the registration page of the www.Affcore.com domain.

1.2. Registration is available to persons who have reached the age of 18.

1.3. By submitting the registration form, the Publisher is acknowledging these Terms. Thus, the Publisher is accepting the Agreement (offer) on their participation in the Affcore Partner Network.

1.4. If these Terms are met, the Publisher receives a confirmation letter to the email address specified by them upon registration. Further, the participant must complete the registration process in order to be able to work in the Partner Network.

1.5. Affcore reserves the right to deny the Publisher to participate in the Partner Network with no reasons given.

1.6. After completion of the registration process and activation of the account, the Publisher may use the services of the Partner Network. The Publisher may change the data provided upon registration in their personal account. The exception is their username.

1.7. These Terms shall prevail over any terms provided by the Publishers.

1.8. The Publisher’s participation in the Affcore Partner Network does not create any contract between the Publisher and any Advertiser.

The subject of the Agreement

2.1. Affcore provides for use and operates an Partner Network on the www.Affcore.com domain. The participants of the Partner Network are Advertisers, Publishers, and Affcore. Publishers are individuals or legal entities that provide space for advertisements on their Ad Spaces.

The Advertisers are legal entities that provide (having the relevant right) the opportunity to advertise products and/or services with the help of the Affcore Partner Network through so-called Affiliate Programs using Ad Creatives.

2.2. Publishers shall place the Advertiser’s Ad Creatives on their declared Ad Spaces. When a user arrives at the Advertiser’s website through an Ad Creative placed on the Publisher’s Ad Space and makes there a Deal that ends with payment, the Publisher’s advertisement shall be considered successful and the Publisher shall receive a pre-agreed reward. A “Deal” means an action that gives the Publisher the right to receive the reward. These can be actions such as buying goods, ordering and/or purchasing services, registering, subscribing to newsletters, etc. The essence of the Deal paid in the form of a reward by the Advertiser shall be specifically defined in the description of each program. A combination of several types of Deals is also possible.

2.3. Affcore tracks and logs all Deals and provides the Publisher with the information to that effect, as well as calculate the amount of the rewards. The Advertiser shall make the final decision on whether the Deal actually took place. Whether a deal has been made is subject to the terms of the particular program and is determined by the advertiser, Affcore has no control over this.

2.4. Affcore Partner Network constantly develops and improves its services. In this connection, Affcore reserves the right to temporarily suspend the provision of any of the services, in whole or in part, if it is necessary for the performance of maintenance works, improvement of the service functions, or change of the service provided.

2.5. In order to use the services of the Affcore Partner Network, it is required to use certain technical means and software packages, telecommunication networks, and services of third-party organizations. Affcore shall, subject to clause 12, not be liable for the resulting costs, possible damages, and interference.

2.6. Affcore shall have the right to suspend payments to the Publisher in the event of an objective suspicion of violation of these Terms, as well as to verify the Publisher’s specified data and/or the Publisher’s traffic quality.

Participation in the Partner Network activities

3.1. All Ad Spaces that comply with applicable laws and regulations of these Terms, Privacy Policy and have been approved by Affcore moderators are allowed to participate in the Partner Network.

3.2. Ad Spaces under construction are not allowed to participate. It is also forbidden to buy traffic in Active Advertising Systems (CAP, WmMail, Seosprint, etc.), Buxes, and similar systems.

3.3. The Publisher shall submit the request for participation in the Affiliate Program, thereby recognizing the possible additional Program Terms of participation therein, that the Advertiser may add to the description of his/her program and which will be displayed to the Publisher. Such Program Terms are considered an addition to these Terms. The Publisher agrees that the Program Terms can change at any time, and undertakes the responsibility to monitor such changes. By continuing to participate in the Affiliate Program, the Publisher automatically agrees to the Program Terms thereof.

3.4. Only the Advertiser shall make the decision to admit the Publisher to the partnership. The Publisher does not have a legal basis for obtaining such an admission if the opposite decision was made.

3.5. Affcore reserves the right to request data on the traffic source and access the statistics of the Ad Space, while limiting the Publisher’s participation in the Affcore network. In this case, the Publisher must provide the requested data within 7 calendar days; otherwise, Affcore reserves the right to stop displaying the advertisements on the Publisher’s website and/or to take other measures to protect the interests of the Advertisers, whose advertisements are displayed at the Publisher’s spaces.

3.6. Affcore shall have the right to request from the Publisher documents and data necessary (and if applicable) to confirm the validity of information about the Publisher including but not limited to name, date of birth, address, tax number, and banking details. By accepting these Terms, the Publisher agrees that s/he will, consciously and with unequivocal consent, provide data to Affcore. The Publisher’s refusal to provide data is considered as a refusal to participate in the Partner Network.

3.7. Affcore is entitled to unilaterally replace the Publisher’s broken affiliate links with working links and, in this case, not to credit rewards to the Publisher. “Broken links” are defined as affiliate links that do not take the user to the Advertiser’s website in the manner intended.

Rights and liabilities of the Publisher

4.1. The Publisher is obliged to strictly follow these Terms and to ensure that the data provided by them to Affcore by any means, including the registration form, are complete and true. If any of these data are changed, the Publisher shall, within 5 days from the date of the change, make the relevant changes thereto in their personal account.

4.2. The Publisher undertakes to strictly store their data (username, password, and code for two-factor authentication) for access to the Affcore Partner Network and not allow the transfer thereof to third parties. The Publisher is solely responsible for the safety of the username and password.

4.3. The Publisher needs to have the rights to conduct marketing activities on the Ad Spaces. They shall bear any legal and property liability for what happens on their Ad Spaces.

4.4. When using Ad Creatives on the Ad Space, the Publisher undertakes not to violate the rights of the third rightsholders to the trademark, brand, personal rights, and other rights without the permission of the rightsholders in accordance with the current legislation. The Publisher agrees not to use on their Ad Space the content that violates applicable laws or leads to pages that violate applicable laws. When emailing promotional materials containing the Advertisers’ Ad Creatives, the Publisher is prohibited from using spam. To send promotional materials by email, the Publisher must obtain the consent of each recipient and provide Affcore with the relevant evidence upon request.

4.5. The Publisher agrees not to take any action that affects the operation of the Affcore Partner Network. Such actions include the attempts to technically influence the efficiency of the servers of the Partner Network, the attempts to hack the security mechanisms, to use viruses, trojans, and other malicious programs for any purpose. This shall also include brute force attacks, DoS (DDoS) attacks, spam, the use of links, and any other processes that may damage the operation of the Partner Network. The Publisher shall also ensure timely provision of click referrer data to Affcore on a regular basis and shall not interrupt this process by any technical means that are directly or indirectly controlled by the Publisher. A click referrer must always correspond to the Ad Space stated by the Publisher.

4.6. The Publisher may have only one account, i.e. one account per one individual or one account per one legal entity may be created. If an individual performs official duties on the staff or for a legal entity that has an account in the Affcore Partner Network, then it is prohibited for such a person to create a personal account as an individual to perform their official duties for the legal entity.

4.7. The Publisher undertakes to thoroughly study and execute the Programs Terms and refer to them during the entire period of placement of the Ad Creatives. The Publisher agrees that if s/he fails to perform this duty, their access to the relevant program may be suspended. In case Affcore or the Advertiser suffers losses caused by the publisher’s violation of the Program Terms, the relevant amount will be deducted from the Publisher’s account. In the absence of funds on the Publisher’s account, the Publisher undertakes to reimburse such losses at the request of Affcore within 10 (ten) days.

4.8. The Publisher, at the request of Affcore or the Advertiser, undertakes to check the Traffic Source and provide all requested files, documents, etc. Otherwise, the Publisher’s access to the relevant Program may be blocked, and appropriate sanctions may be applied.

4.9. When creating any Ad Creatives, the Publisher is prohibited to use Ad Creatives and Trademark other than the Trademark and the Ad Creatives that were uploaded by the Advertiser in the Affcore system, unless otherwise specified. In the case the Publisher creates Ad Creatives and distorts Ad Creatives provided by the Advertiser, the Publisher is entirely responsible for placing these Ad Creatives as an owner and distributor in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial, to settle all other disputable situations, including the situations with state authorities and third parties (Advertisers).

4.10. The Publisher undertakes to update affiliate links in good time and monitor the condition of the links. Links can become broken in the following cases:

The Advertiser has suspended their work or no longer works with Affcore.

The Publisher left the affiliate program or was disconnected from it.

The Publisher’s ad space was removed, blocked, or disconnected from the affiliate program.

The affiliate program’s action limit was exceeded.

The ad creative (banner, landing page, coupon) was removed or deactivated.

The deeplink created by the Publisher leads to a non-existent page, or the affiliate program does not support the generation of affiliate links using the deeplink feature.

11. The Publisher agrees to provide Affcore with any requested documents necessary to confirm the information about the Publisher.

4.12. The Publisher is notified and agreed that Affcore has the right to pay the Publisher a reward only after the Advertiser wires a payment for the provided services to the Affcore settlement account.

4.13. The Publisher shall ensure compliance with all applicable laws on their own including sanctions in relevant jurisdictions.

4.14. The Publisher may create guest accounts themselves. A guest account allows the Publisher to grant access only to the sections of the personal account required for the owners of the guest account to carry out the Publisher’s tasks. Each guest account will have a guest profile, which the Publisher may delete at any time. The guest account owner can change the information in his/her guest account (full name, email address) on their own. The Publisher is fully liable for actions of guest account owners, including changing name and/or email address.

Affcore Partner Network prohibits the following activities:

5.1. To make Deals by methods or means that violate the current legislation, the Agreement, or the Program Terms.

5.2. To simulate Deals by entering knowingly incorrect, non-existent, or someone else’s data unbeknownst to their owner when ordering goods or services by any means.

5.3. To use the advertising methods that force the visitor to perform actions by deception, blackmail, or any other actions that violate the visitor’s freedom of choice.

5.4. To use the data of the Advertiser or a third party protected by a registered trademark, copyright, other legally registered rights of the holder, for purposes other than the purposes of these Terms. In the case of using the Advertiser’s trademarks and ad creatives for purposes other than those specified in this Agreement, the Publisher is fully responsible for such placements in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial ones, to settle all other disputable situations, including with state authorities and third parties (Advertisers).

5.5. To use promotional materials, including a brand of one Advertiser, to promote the site of another Advertiser.

5.6. To use any technology and types of cookie stuffing (cookie dropping). It is prohibited to use scripts that set in the user’s browser cookies of the websites that the user did not visit. It is prohibited to rearrange, substitute or overwrite the user’s cookies with others that do not belong to the websites that the user visited, as well as substitute cookies using pop-ups, iframe, or by inserting the URL of a third-party page as a picture on an existing website.

5.7. To register and/or use for promotion domains similar to that of the Advertisers’ websites.

5.8. To use the registered Ad Space with a specific declared traffic source for attracting a different type of traffic.

5.9. To delete an account with the negative balance and/or publisher’s debt to Affcore.

5.10. With regard to Affcore employees and employees of all the Affcore-affiliated companies only, to register as a publisher for the duration of their employment period.

5.11. If the violations described above are detected, the Publisher’s account is immediately blocked and all earnings earned as the result of these violations are transferred to the Advertiser. The Publisher is notified of the decision by the administration. After the account is blocked, it is impossible to create another one.

5.12. For the above violations, the Publisher must pay a fine of $750. If as the result of the Publisher’s culpable violations, a third person initiates an administrative or any other lawsuit against Affcore, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.

Payment for the Publisher’s services

6.1. The Publisher shall receive a reward from Affcore, which directly depends on the success of their advertising campaigns.

6.2. In each separate case, the reward amount is determined by the type of paid action and the rate set by the Advertiser for this action that is effective at the time of performing this action. The Advertiser has the right to change the rates, but the new rates do not apply to already performed actions. The Publisher does not have the right to demand a different rate for theirs. The Publisher undertakes to become familiar with the current rates in the interface of the Affcore Partner Network. Submitting an application for joining the program indicates the agreement to the current rates. The minimum withdrawal amount should equal or exceed the amount specified under the link, depending on the currency of withdrawal. An amount less than the minimum withdrawal amount will be paid to the Publisher only in case of account deletion.

6.3. Payment of the reward shall be performed by Affcore in reasonable time after receipt of withdrawal request, but no longer than 45 business days, provided the Publisher has the right to receive the reward (clause 6.5). Affcore is not responsible for the actions and payment processing times of banks and/or other financial institutions servicing Publishers. Obligation of Affcore to pay the reward is considered to be fulfilled in full once the funds are debited from the account of Affcore.

6.4. Except for the agreed reward, the Publisher is not entitled to reimbursement of costs incurred for the bank transfer, for the use of third-party services or programs that are not provided by the Affcore Partner Network, even if these costs are related to their advertising activities within the Affcore Partner Network.

6.5. The right to receive the reward is exercised only if all the following conditions are fulfilled:

The Publisher’s advertising activity led to the Deal between the Advertiser and the visitor.
The Deal was registered by tracking means of the Affcore Partner Network.
The Deal was authorized for calculation by the Advertiser and confirmed by the Affcore Partner Network.
The relevant Advertiser has paid Affcore for its services under its agreement with the Advertiser.
The reward amount equals or exceeds the minimum withdrawal amount.
The Publisher did not violate the Terms.

6.6. Affcore maintains an internal settlement account for each Publisher that is used for carrying out all accrual and payment operations.

6.7. Each Party is solely and separately responsible for the payment and reporting of its own taxes in any jurisdiction concerned. If payments under these Terms are subject to applicable withholding tax, Affcore shall be entitled to deduct the corresponding tax amount from the Publisher’s reward.

6.8. The Publisher undertakes the full responsibility for provided payment information and confirms that it is true, complete, and accurate. All payments will be made with the use of this payment information. Affcore is not obligated to take steps to verify the accuracy of payment information provided by the Publisher.

6.9. The Publisher will immediately repay any amounts paid to the Publisher in error, or other than in accordance with the Publisher’s rights under this Agreement.

6.10. Affcore, based on commercial, banking, technical or other reasons, retains the right to set withdrawal limits for Publishers’ reward (maximum amount possible to withdraw per each month). More detailed information regarding such limits may be available upon setting a request for withdrawal.

Participating in the Referral Program

7.1. The Publisher can invite users not previously registered on Affcore as Publishers to the Partner Network in exchange for a reward. Such users are considered Referrals of the Publisher in question.

7.2. Referrals are invited to join the Partner Network through the Publisher’s referral link, which can be found in the “Affcore Referral Program” section on the Dashboard of the Publisher’s personal account.

7.3. If users invited by the Publisher register using the unique referral link of the Publisher within a year of clicking on it, they become that Publisher’s Referrals. The belonging of a Referral to a given Publisher is determined by the presence of a referral cookie in the user’s browser at the time of registration. If the cookie is not present, the registration is not considered a referral registration.

7.4. The Publisher receives a reward for attracting Referrals in the form of a percentage of the revenue to the Partner Network generated from the amount withdrawn by the Publisher’s Referrals.

7.5. The amount of the reward for the current month and the rate (as a percentage) are specified in the “Affcore Referral Program” section on the Dashboard of the Publisher’s personal account. The funds automatically receive the status “Confirmed,” and on the first of every month, the value in the field “Earned (this month)” is zeroed out.

7.6. The Publisher receives rewards for the Referral for one year starting the moment the latter registers in the Partner Network. After this period expires, no rewards are assigned.

7.7. While taking part in the Referral Program, it is prohibited to:

use illegal methods to attract Referrals or any other artificial means of increasing the number of Referrals
deceive Referrals or give incorrect information about the Partner Network
create clones of Affcore websites or use a similar interface
use automatic redirects, pop-up windows, or any other forms of intrusive advertising: pop-unders, click-unders, toolbars, etc.
send out spam messages or messages pretending to be from Affcore employees by email, over messengers, or by any other means
register accounts belonging to the Publisher using the Publisher’s unique referral link
place paid ads with the referral link in results to search requests in which the Affcore brand is mentioned.

7.8. If any item of clause 7.7 is violated, or if the Referral Program is used in bad faith, Affcore retains the right, without providing reasons, to:

disable the Publisher’s access to the Referral Program,
dissociate Referral(s) from the Publisher,
withhold awarded income from Referral(s) to the Publisher,
block the Publisher’s account in the Partner Network.

Affcore retains the right to verify Publishers’ compliance with clause 7.7 and their proper use of the Referral Program.

Term and termination

8.1. These Terms are concluded for an indefinite period of time and start when the confirmation letter is received in the mailbox of the e-mail address, specified by the Publisher during registration in accordance with clause 1.4.

8.2. The Parties may voluntarily terminate the Terms at any time.

8.3. The Publishers may terminate the Terms in their personal account by clicking the “Delete account” button in the General settings, except as specified otherwise in clause 5.9 hereof.

8.4. Affcore shall have the right to delete the Publisher’s account and data from the system in the following cases:

The Publisher has not logged in to their account for the last 350 days.
The Publisher has not interacted with the Affcore system outside the web interface (for example, through the API) for the last 350 days.

After the expiration of the above-mentioned period, Affcore shall notify the Publisher that in case of inactivity and non-use of the account, Affcore will delete the Publisher’s account in 180 days from the date of notification, and the remaining funds will be written off in favour of Affcore.

After 180 days from the date of notification and non-receiving the Publisher’s feedback, Affcore shall delete the Publisher’s account and data, and the remaining funds shall be written off in its favour. The Publisher agrees and is notified that s/he has no right to restore the account or return the funds, after the expiration of the above Terms and the deletion of the account.

8.5. In case of termination due to violations of these Terms by the Publisher, s/he shall pay the debt (if any) and the penalty specified in these Terms in accordance with clause 5.12.

Protection of personal data

9.1. Affcore shall store and process only those data that were specified by the publisher in the registration form and in their personal account, or that were obtained from the Publisher during their participation in the Affcore Partner Network.

9.2. The Publisher agrees to comply with all laws, rules, policies, and confidentiality provisions effective in the regions where the services are provided.

9.3. The Publisher undertakes to comply with all laws, including the GDPR and EU privacy laws, and perform the following actions:

To inform end users about the use of tracking devices, cookie files, and other online identifiers.
To receive the consent of end users for placing and collecting cookie files and other online identifiers on their devices and provide information on the possibility of refusing or deleting files, if necessary.
To take appropriate technical and organizational measures against accidental loss and damage, as well as illegal processing of personal data.

9.4. The Publisher undertakes not to take any actions that may lead Affcore to a breach of the current Data Regulations Law.

9.5. Affcore and the Publisher undertake to comply with the data protection laws.

Depending on the jurisdiction, the Publisher may be obliged to inform visitors of their website about cookies that are used on the website, including those placed by Affcore (so-called third-party cookies) and other online identifiers. The Publisher must explain what cookies s/he and/or third-parties set in the user’s browser and for what purposes this information is collected. If required by law, the Publisher undertakes to obtain a preliminary, freely presented, specific and informed, unambiguous, and revocable consent from users before setting any cookies in their browsers. The consent should also apply to the cookies that are set by Affcore after a certain action (click). To get more information, follow this link: XXXXXXXXX

9.6. In the case of installing the script/API from XXXXXXXX by the Publisher, the Publisher is obliged to get users’ consent for transferring online identifiers to Affcore by themselves on their platform. In the case of transferring online identifiers to Affcore, the Publisher guarantees the presence of the informed, unambiguous, and revocable user’s consent for transferring these data to Affcore. The Publisher is obliged to store consent confirmations for the whole period of participating in the Partner network and provide the proof of consent to Affcore by request at any moment.

Confidentiality

10.1. Each Party undertakes to use the commercial information of the other Party, information about its business affairs and operations, trade secrets, know-how, and source code, or any information specifically marked as confidential, including all mentioned information of the other Party’s counterparty or affiliate (hereinafter the “Confidential Information”) only for the performance of its rights and obligations hereunder. The Parties undertake not to disclose Confidential Information.

10.2. The following information will not be considered confidential:

the information which is or subsequently became publicly available without infringement of the Agreement by the Receiving Party
the information which was legally obtained from the Third Party without restriction and without violation of this Agreement, and also without the non-disclosure obligations of the Receiving Party
the information which cannot be attributed to Confidential Information in accordance with applicable law
the information which is published in the Affcore system when receiving or providing services in accordance with these Terms
the information which is required for transmission of data to government agencies as required by law, applicable to the regions of service delivery.

10.3. When deleting the Publisher’s account, Affcore shall also delete all personal data of the Publisher, except for the username and statistics data.

10.4. The provisions of Article 10 remain valid for 5 years from the termination of these Terms.

Rights to use information

11.1. The information obtained during participation in the Affcore Partner Network is allowed to be used exclusively with the Affcore Partner Network. Transfer thereof to third parties and use for other purposes is prohibited.

11.2. The Affcore Partner Network and the components thereof (products and applications) are protected by the current legislation in the field of copyright and related rights.

11.3. Affcore provides Publishers with the temporary, non-exclusive right to use the provided services and applications and the data contained therein exclusively within the framework of participation in the Affcore Partner Network. In case of termination of the Agreement, this right loses its validity.

11.4. Other ways of using information are prohibited. The Publisher is STRICTLY PROHIBITED to transfer wholly or partially the rights to use the services, applications, and data granted to them to third parties, provide access to them, modify or otherwise process them, transfer them in other forms or create their own databases or information services based on them.

11.5. In case of violation of these rights of use, Affcore reserves the right to use other remedies, except for the termination of the Agreement. If as the result of the Publisher’s culpable violations, a third person initiates an administrative or any other lawsuit against Affcore, all the litigation costs and other related costs shall be completely paid by the guilty Publisher.

Liability and limitations of liability

12.1. Affcore shall not be liable for any damage or interference caused by the content of third-party web pages, software errors, or hardware of participants of the Partner Network, or for damage caused by insufficient availability or the limited functionality of the Internet.

12.2. According to the applicable regulations, Affcore is liable for intentional and grossly negligent acts. If Affcore is liable for damage caused by slight negligence according to the legal regulations, Affcore’s liability is limited: in this case, Affcore shall only be liable in the event of a breach of material contractual obligations (these are obligations the fulfillment of which is essential for the proper execution of the contract and on whose compliance the Publisher regularly relies and may rely). Furthermore, this liability is limited to the typical damage foreseeable at the time the contract was concluded.

12.3. The liability under clause 12.2 is limited to the compensation of actual damage, which will be determined by the participants or by a court decision.

12.4. The above limitations of liability do not apply in the case of mandatory legal liability and do not limit or exclude the Affcore liability in the event of harm to life or health.

12.5. The Publisher will indemnify, defend, and hold harmless Affcore (including its directors, employees, agents, or contractors) from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by third parties against Affcore arising out of or related in any way to any culpable breach by the Publisher of any of the warranties at these rules, or the Publisher’s gross negligence or willful misconduct.

Changes to these Terms

13.1. Affcore reserves the right to change the provisions of these Terms at any time. At Affcore’s sole discretion, notifications of changes can be sent by email. Subject to clause 12.2, the Publisher shall be solely liable for regular familiarization with these Terms.

13.2. The use of the Affcore Partner Network by the Publisher after making changes to these Terms indicates the Publisher’s consent to the changes and willingness to assume the obligations specified in these Terms. Disagreement with the changes in the Terms entails the termination of these Terms, as well as the termination of work with the Affcore Partner Network.

Final provisions

14.1. If certain provisions of these Terms become invalid in whole or in part, the validity of the remaining provisions shall not in any way be affected or impaired. The provision that has become invalid is considered replaced by the applicable provision under statutory law. If such replacement would constitute undue hardship, the Terms in whole become invalid.

14.2. The rights and obligations resulting from these Terms may be transferred to a third party only with the consent of Affcore.

14.3. In case any dispute arises and cannot be settled by the Parties in an amicable way, the English courts shall be competent for resolving such dispute. These Terms are governed by English law.

Terms for publishers (Global)

XXXXXX (hereinafter “Affcore”, “us”, “our”), registered and incorporated in the XXXX with a registered office at XXXXXXXX, manages the Partner Network at www.Affcore.com and provides a platform for those who want to leverage their content to earn revenue (hereinafter the “Publishers”, “he”/”she“, “they”) with the opportunity to work with top brands and retailers in the world (the “Advertisers”) who are part of the Affiliate Programs of the Affcore Partner Network.

The Affcore “Partner Network” means the list of Advertisers and Publishers who work and collaborate with Affcore.

To participate in the Affcore Partner Network, the Publisher agrees to unconditionally comply with these Terms of Use (hereinafter the “Terms”, “Agreement”).

Advertisers are the persons who define the terms of the Affiliate Programs (defined below) and provide opportunities for advertising their goods and services through various advertising media and the provision of ad creatives including but not limited to graphic banners, text links, XML product catalogs, and others (“Ad Creatives”).

Publishers are the persons placing Ad Creatives in the area of their blog, website, page or profile dedicated to online advertisements and promotions (“Ad Spaces”).

General provisions

1.1. To participate in the Partner Network, the Publisher submits a registration form on the registration page of the www.Affcore.com domain.

1.2. Registration is only available to persons who have reached the age of 18 and have the needed licenses or permits to advertise and promote in compliance with the laws of the XXX.

1.3. By submitting the registration form, the Publisher is acknowledging that he has the right to perform the services mentioned in these Terms and has obtained the necessary licenses and permits (or alternatively an exemption) to do so.

1.5. Affcore reserves the right to refuse the Publisher’s application to participate in the Partner Network at its own discretion without the need to justify the basis for such a decision.

1.6. The Publisher warrants that any information or personal data disclosed in the application is true and accurate and acknowledges that he may change the data provided upon registration in his personal account section. The username chosen for the account cannot be changed. After completion of the registration process and activation of the account, the Publisher will be able to use the services of the Partner Network.

1.7. These Terms shall prevail over any prior written or verbal agreement between both the parties.

1.8. The Publisher’s admission into the Affcore Partner Network does not confer upon it any right with respect to the continuance of membership in the Partner Network. Nothing contained in the Terms creates or is intended to create a contract or agreement between the Publisher and any Advertiser using the Affcore platform.

The subject of the Agreement

2.1. Publishers shall place the Advertiser’s Ad Creatives on their declared Ad Spaces. When a user arrives at the Advertiser’s website through an Ad Creative placed on the Publisher’s Ad Space and completes an action or a transaction such as buying goods, ordering and/or purchasing services, registering, subscribing to newsletters, etc. (the “Deal”), the Publisher’s advertisement shall be considered successful and the Publisher shall receive a pre-agreed reward. The successful Deal will give the Publisher the right to receive the reward. The amount of the reward owed to the Publisher upon the completion of a Deal as well as the mechanism of payment by the Advertiser shall be specifically detailed in the description of each program (“Affiliated Program”).

2.2. Affcore tracks and logs all Deals and provides the Publisher with the information to that effect, as well as calculates the amount of the rewards. The Advertiser has the right to solely determine whether a Deal has actually taken place based on set parameters and guidelines. Whether a Deal has been made is subject to the terms of the particular Affiliated Program and is determined by the Advertiser at its sole discretion; Affcore has no control over this.

2.3. Affcore Partner Network constantly develops and improves its services. In this connection, Affcore reserves the right to temporarily suspend the provision of any of the services, in whole or in part, if it is necessary for the performance of maintenance works, improvement of the service functions, or change of the service provided. Affcore shall not be liable for any claims, losses, damage, costs or expenses, caused directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility belonging to us (including, but not limited to transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers), nor for any loss, expense, cost or liability suffered or incurred by you as a result of the use of our platform or any other communications being made, via the internet. You acknowledge that access to our platform may be limited or unavailable due to such system errors, and that we reserve the right upon notice to suspend access to our platform for this reason.

2.4. In order to use the services of the Affcore Partner Network, it is required to use certain technical means and software packages, telecommunication networks, and services of third-party organizations. Affcore shall, subject to clause 12, not be liable for the resulting costs, possible damages, and interference. Affcore shall not be responsible to you for the performance of these parties, or their services provided Affcore has exercised reasonable care and diligence in its selection.

2.5. Affcore shall have the right to suspend payments to the Publisher in the event of an objective suspicion of violation of these Terms, as well as to verify the Publisher’s specified data and/or the Publisher’s traffic quality.

Participation in the Partner Network activities

3.1. All Ad Spaces that comply with applicable laws and regulations of these Terms, Privacy Policy and have been approved by Affcore moderators are allowed to participate in the Partner Network.

3.2. Ad Spaces under construction are not allowed to participate. It is also forbidden to buy traffic in Active Advertising Systems (CAP, WmMail, Seosprint, etc.), Buxes, and similar systems.

3.3. The Publisher shall submit the request for participation in the Affiliate Program, thereby recognizing the possible additional program terms of participation therein, that the Advertiser may add to the description of his/her program and which will be displayed to the Publisher. Such program terms are considered an addition to these Terms. The Publisher agrees that the program terms can change at any time, and undertakes the responsibility to monitor such changes. By continuing to participate in the Affiliate Program, the Publisher automatically agrees to the program terms thereof.

3.6. Affcore shall have the right to request from the Publisher identification documents and certificates which might constitute personal data. Such data is necessary to confirm the validity of the information shared by the Publisher including but not limited to his name, date of birth, address, tax number, and banking details. The Publisher agrees to the collection and processing of his personal data by Affcore. The Publisher’s refusal to provide the needed data is will prevent him from submitting the application and ultimately participating in the Partner Network.

3.7. In the event that affiliate links placed on the Publisher’s Ad Spaces are broken and do not take the user to the Advertiser’s website in the agreed upon manner (“Broken Links”), Affcore is entitled to unilaterally replace the Publisher’s Broken Links with working links. Affcore shall not credit the Publisher with any credit rewards during such period.

Rights and liabilities of the Publisher

4.2. The Publisher undertakes to securely store their data (username, password, and code for two-factor authentication) for access to the Affcore Partner Network. The Publisher shall not disclose or share or transfer his log-in details to any third parties. The Publisher is solely responsible for the safety of the username and password.

4.3. The Publisher needs to have the right to conduct marketing activities on the Ad Spaces which includes obtaining any licenses or permits required under the applicable laws. It is the sole responsibility of the Publisher to obtain such licenses. Affcore is in no way liable for the Publisher’s failure to comply with licensing requirements and is held harmless from any liability by the Publisher who confirms he is the only responsible party.

The advertisement made by the Publisher should not be vague, ambiguous, or unclear. It should not include false or misleading claims, or be intended to exaggerate, claim exclusiveness, despise competitors, and involve fraud or deception. The advertisement should not include false, fake, or unrightfully formulated marks, signs, or images. The advertisement should be real and unexaggerated and must not create any confusion by any means with any other brand names, products, or activities. The advertiser must clearly disclose whether there is any financial gain in a business relationship with the person or the owner of the advertised product or service.

4.4. When using Ad Creatives on the Ad Space, the Publisher undertakes not to violate the rights of the third rightsholders to the trademark, brand, personal rights, and other rights without the permission of the rightsholders in accordance with the current legislation. When emailing promotional materials containing the Advertisers’ Ad Creatives, the Publisher is prohibited from using spam. To send promotional materials by email, the Publisher must obtain the consent of each recipient and provide Affcore with the relevant evidence upon request. The Publisher shall ensure that recipients can unsubscribe and opt out of receiving any promotional and advertisement material by email.

4.6. The Publisher may only create one account, i.e. one account per one individual or one account per one legal entity. If an individual performs official duties as part of the staff or on behalf of a legal entity that already has an account in the Affcore Partner Network, then that individual is prohibited from creating a personal account to perform his official duties for the legal entity.

4.7. The Publisher undertakes to thoroughly study and execute the programs terms of the Affiliated Program and refer to them during the entire period of placement of the Ad Creatives. The Publisher agrees that if s/he fails to perform this duty, his access to the relevant program may be suspended. In case Affcore or the Advertiser suffers losses caused by the Publisher’s violation of the program terms, the relevant amount will be deducted from the Publisher’s account. In the absence of funds on the Publisher’s account, the Publisher undertakes to reimburse such losses at the request of Affcore within 10 (ten) business days from the date he is notified to do so.

4.8. The Publisher, at the request of Affcore or the Advertiser, undertakes to check the traffic source and provide all requested files, documents, etc as required. Failure to do so by the Publisher will entail that his access to the relevant Affiliated Program may be blocked, and appropriate sanctions may be applied.

4.9. When creating any Ad Creatives, the Publisher is prohibited from using Ad Creatives and Trademarks other than the Trademarks and the Ad Creatives that were uploaded by the Advertiser in the Affcore system, unless otherwise specified. In the case the Publisher creates Ad Creatives and distorts Ad Creatives provided by the Advertiser, the Publisher is entirely responsible for placing these Ad Creatives as an owner and distributor in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial, to settle all other disputable situations, including the situations with state authorities, third parties and Advertisers.

4.10. The Publisher undertakes to update affiliate links in good time and monitor the condition of the links. Links can become broken in the following cases:

– The Advertiser has suspended their work or no longer works with Affcore;

– The Publisher left the Affiliate Program or his access to it was removed for any reason whatsoever;

– The Publisher’s Ad Spaces was removed, blocked, or disconnected from the Affiliate Program;

– The Affiliate Program’s action limit was exceeded;

– The Ad Creative (banner, landing page, coupon) was removed or deactivated; and

– The deeplink created by the Publisher leads to a non-existent page, or the Affiliate Program does not support the generation of affiliate links using the deeplink feature.

4.11. The Publisher agrees to provide Affcore with any requested documents necessary to confirm the information mentioned in the Publisher profile.

4.12. The Publisher is notified and agrees that Affcore will only pay him the reward due after the Advertiser wires the payment for the provided services to the Affcore settlement account.

4.13. The Publisher shall ensure compliance with all applicable laws on its own. Failure to do so will open him up to potential sanctions in relevant jurisdictions.

4.14. The Publisher may create guest accounts himself that derive from his own account. A guest account allows the Publisher to grant access to certain sections of the personal account only as required for the users of the guest account to carry out the Publisher’s tasks. Each guest account will have a guest profile, which the Publisher may delete at any time. The guest account user can change the information in his/her guest account (full name, email address) on his own. The Publisher is fully liable for actions of the guest account user, including any change in the name and/or email address.

Prohibitions

The Affcore Partner Network prohibits the following activities:

5.1. To simulate Deals by entering knowingly incorrect, non-existent, or someone else’s data unbeknownst to their owner when ordering goods or services by any means;

5.2. To use the advertising methods that force the visitor to perform actions by deception, blackmail, or any other actions that violate the visitor’s freedom of choice;

5.3. To use the data of the Advertiser or a third party protected by a registered trademark, copyright, other legally registered rights of the holder, for purposes other than the purposes of these Terms. In the case of using the Advertiser’s trademarks and Ad Creatives for purposes other than those specified in these Terms, the Publisher is fully responsible for such placements in accordance with applicable law and undertakes to independently resolve all arising claims, disputes, including judicial ones, to settle all other disputable situations, including with state authorities, third parties and Advertisers;

5.4. Using any practice of bidding on branded terms or branded keywords of a third party through search engines marketing;

5.5. Using any cookie stuffing technology and/or types of cookie stuffing (cookie dropping);

5.6. To register and/or use for promotion domains similar to that of the Advertisers’ websites;

5.7. To use the registered Ad Spaces with a specific declared traffic source for attracting a different type of traffic;

5.8. To delete an account with negative balance and/or publisher’s debt to Affcore; and

5.9. With regard to Affcore employees and employees of all the Affcore-affiliated companies only, to register as a publisher for the duration of their employment period.

5.10. If the violations described above are detected, the Publisher’s account may be immediately blocked and all earnings earned as the result of these violations are transferred to the Advertiser. The Publisher is notified of the decision by the administration. After the account is blocked, it is impossible to create another one.

Payment for the Publisher’s services

6.1. The Publisher shall receive a reward from Affcore, which directly depends on the success of their advertising campaigns.

6.2. In each separate case, the reward amount is determined by the type of paid action and the rate set by the Advertiser for this type of action. The Advertiser has the right to change the applicable rates upon notifying the Publisher noting that the new rates do not apply to the services which were already performed. The Publisher undertakes to become familiar with the current rates in the interface of the Affcore Partner Network before submitting an application to join the Partner Network. Submitting an application to join the Partner Network indicates the Publisher’s agreement to the current rates. The minimum withdrawal amount should equal or exceed the amount specified under the link, depending on the currency of withdrawal. An amount less than the minimum withdrawal amount will be paid to the Publisher only in case of account deletion.

6.4. Except for the reward payable to the Publisher for the completion of the services, the Publisher is not entitled to the reimbursement of any costs incurred for the bank transfer, for the use of third-party services or programs that are not provided by the Affcore Partner Network, even if these costs are related to his advertising activities.

6.5. The right to receive the reward is exercised only if all the following conditions are fulfilled:

– The Publisher’s advertising activity led to the Deal being concluded between the Advertiser and the visitor.
– The Deal was registered by tracking means of the Affcore Partner Network.
– The Deal was authorized for calculation by the Advertiser and confirmed by the Affcore Partner Network.
– The relevant Advertiser has paid Affcore for its services under its agreement with the Advertiser.
– The reward amount equals or exceeds the minimum withdrawal amount.
– The Publisher did not violate the Terms.

6.6. Affcore maintains an internal settlement account for each Publisher that is used for carrying out all accrual and payment operations.

6.8. The Publisher is fully responsibile for the payment information and bank account details he provided and confirms that it is true, complete, and accurate. All payments will be made in accordance with the account details provided. Affcore is not obligated to take steps to verify the accuracy of the payment information provided by the Publisher.

6.9. The Publisher will immediately return, reimburse and repay Affcore for any amounts paid to the Publisher in error, or other than in accordance with the Publisher’s rights under this Agreement.

Participating in the Referral Program

7.3. Any users invited by the Publisher who register using the Publisher’s unique referral link within a year of clicking on it become that Publisher’s (“Referrals”). The attribution of a Referral to a given Publisher is determined by the presence of a referral cookie in the user’s browser at the time of registration. If the cookie is not present, the registration is not considered a referral registration.

7.4. The Publisher receives a reward for attracting Referrals in the form of a percentage of the revenue to the Partner Network generated from the amount withdrawn by the Publisher’s Referrals.

7.6. The Publisher receives rewards for the Referral for the duration of one year starting from the moment the Referral registers in the Partner Network. After this period expires, no rewards are assigned.

7.7. While taking part in the Referral Program, it is prohibited to:

– use illegal methods to attract Referrals or any other artificial means of increasing the number of Referrals;
– deceive Referrals or give incorrect information about the Partner Network;
– create clones of Affcore websites or use a similar interface;
– use automatic redirects, pop-up windows, or any other forms of intrusive advertising: pop-unders, click-unders, toolbars, etc;
– send out spam messages or messages pretending to be from Affcore employees by email, over messengers, or by any other means;
– register accounts belonging to the Publisher using the Publisher’s unique referral link; or
– place paid ads with the referral link in results to search requests in which the Affcore brand is mentioned.

7.8. If any item of clause 7.7 is violated, or if the Referral Program is used in bad faith, Affcore retains the right, without providing reasons, to:

– disable the Publisher’s access to the Referral Program;
– dissociate Referral(s) from the Publisher;
– withhold awarded income from Referral(s) to the Publisher; and
– block the Publisher’s account in the Partner Network.

Affcore retains the right to verify the Publishers’ compliance with clause 7.7 and his proper use of the Referral Program.

Term and termination

8.1. These Terms are concluded for an indefinite period of time and start when the confirmation letter is sent by e-mail specified by the Publisher during registration process.

8.2. The Parties may voluntarily terminate the Terms at any time.

8.3. The Publishers may terminate the Terms in their personal account by clicking the “Delete account” button in the account general settings, except as specified otherwise in clause 5.8 hereof.

8.4. Affcore shall have the right to delete the Publisher’s account and data from the system in the following cases:

– The Publisher has not logged in to their account for the last 350 days or
– The Publisher has not interacted with the Affcore system outside the web interface (for example, through the API) for the last 350 days.

After the expiration of the above-mentioned period, Affcore shall notify the Publisher that in case of inactivity and non-use of the account, Affcore will delete the Publisher’s account and data in 180 days from the date of notification, and the remaining funds will be written off in favor of Affcore.

The Publisher agrees and is notified that s/he has no right to restore the account or return the funds, after the expiration of the above Terms and the deletion of the account.

8.5. In case of termination due to violations of these Terms by the Publisher, s/he shall pay the debt (if any) and the penalty equal to the one specified in clause 12.2 of these Terms.

Protection of personal data

9.1. Affcore shall collect, process and store the data that was shared by the Publisher in the registration form and in their personal account, or that were obtained from the Publisher during their participation in the Affcore Partner Network.

9.2. The Publisher undertakes to comply with all laws, including the UAE Data Protection Law (the “PDPL”) and perform the following actions:

– To inform end users about the use of tracking devices, cookie files, and other online identifiers;
– To only transfer data outside of the UAE (if applicable) in accordance with the provisions of the PDPL;
– To receive the consent of end users for placing and collecting cookie files and other online identifiers on their devices and provide the option to refuse or manage the cookie collection on the website;
– To take appropriate technical and organizational measures against accidental loss and damage of data, as well as illegal processing of personal data.

9.3. In the case of installing the script/API from https://XXXX.Affcore.com/ by the Publisher, the Publisher is obliged to get users’ consent for transferring online identifiers to Affcore by themselves on their platform. In the case of transferring online identifiers to Affcore, the Publisher guarantees the presence of the informed, unambiguous, and revocable user’s consent for transferring these data to Affcore. The Publisher is obliged to store consent confirmations for the whole period of participating in the Partner Network and provide the proof of consent upon Affcore’s request at any moment.

Confidentiality

10.1. Each party undertakes to use the commercial information of the other party, information about its business affairs and operations, trade secrets, know-how, and source code, or any information specifically marked as confidential, including all mentioned information of the other party’s counterparty or affiliate (hereinafter the “Confidential Information”) only for the performance of its rights and obligations hereunder. The parties undertake not to disclose Confidential Information.

10.2. The following information will not be considered confidential:

– the information which is or subsequently became publicly available without infringement of the Agreement by the receiving party;
– the information which was legally obtained from the Third Party without restriction and without violation of this Agreement, and also without the non-disclosure obligations of the receiving party;
– the information which cannot be attributed to Confidential Information in accordance with applicable law;
– the information which is published in the Affcore system when receiving or providing services in accordance with these Terms; and
– the information which is required for transmission of data to government agencies as required by law, applicable to the regions of service delivery.

10.3. When deleting the Publisher’s account, Affcore shall also delete all personal data of the Publisher, except for the username and statistics data.

10.4. The provisions of Article 10 remain valid for 5 years from the termination of these Terms.

Rights to use information

11.2. The Affcore Partner Network and the components thereof (products and applications) are protected by the current legislation in the field of copyright and related rights.

Liability and limitations of liability

12.2. The Publisher must pay an AED 50,000 penalty for each case of violations described in Clause 5 of these Terms.

12.3. The Publisher will indemnify, defend, and hold harmless Affcore (including its directors, employees, agents, or contractors) from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by third parties against Affcore arising out of or related in any way to any culpable breach by the Publisher of any of the warranties at these rules, or the Publisher’s gross negligence or willful misconduct.

Changes to these Terms

13.1. Affcore reserves the right to change the provisions of these Terms at any time. At Affcore’s sole discretion, notifications of changes may be sent by email. The Publisher shall be solely liable for regular familiarization with these Terms.

Final provisions

14.2. The rights and obligations resulting from these Terms may be transferred to a third party only with the consent of Affcore.

14.3. It is agreed that these Terms shall be governed by, construed, and enforced in accordance with the laws of UAE without regard to its conflict of laws, rules or principles. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these Terms or arising therefrom or related thereto in any manner whatsoever, shall be settled by the Dubai Courts.

Terms for advertisers (Global entities)

This agreement is between you, the Advertiser (“Advertiser”), and XXXXXXXXX, registered and incorporated in the XXX with a registered office at XXXXXXX (“Affcore” or the “Company”).

Introduction

1.1 Affcore agrees to provide the Advertiser with the ability to post Ads (as defined below) for distribution through the Affcore Partner Network, as defined herein, subject to your compliance with the terms and conditions of this Agreement. By enrolling as an advertiser, the Advertiser, its agents, representatives, employees, and any other person acting on its behalf with respect to the use of the Affcore Partner Network, shall be bound by, and agrees to be bound by, this Agreement.

Definitions

In this Agreement, the following terms shall have the these meanings, unless otherwise noted:

– “Affcore Partner Network” – shall mean the proprietary website(s), platform, program, system, tracking system, and all the related tools to be provided by Affcore that enable the Advertiser to promote their products and campaigns through the Affcore Partner Network.

– “Program” – shall mean a program (campaign, offer) created by the Advertiser within the Affcore Partner Network to promote a specific product and/or service.

– “Publisher” – shall mean a marketing Media Partner / Publisher or Affiliate who is signed up to the Affcore Partner Network and agrees to promote the Advertiser’s products and/or services.

– “Advertiser” – shall mean a business that chooses to promote either their own products and/or services on the Affcore Partner Network in accordance with the terms of this agreement.

– “Ads” – shall mean promotion of a product, brand, or service to a viewership in order to attract interest, engagement, and sales. Ads come in many forms from copy to interactive video.

– “Marketing Materials” – shall mean any products or content designed to market a company or its products and services to potential customers.

– “Tracking Solutions” – shall mean tracking technologies recording information about tracked conversions, reports, stats, rates, payments, or any other type of Program data. The most commonly used tracking solutions are TagTag, GTM template for TagTag, server to server, plugin, XML, API, mobile, Google Analytics API, offline, old pixel, IMG pixel.

3. General Provisions

3.1. This Agreement shall become effective upon the Advertiser clicking on the ‘Click to Action / Create My Advertiser Account’ button on the signup page at the Affcore.com site. The date the Advertiser clicks the link will be the “Effective Date”. The Agreement will remain in effect unless terminated in accordance with paragraph 10 of this Agreement.

3.2. All the information that the Advertiser provides in clause 3.1 must be accurate and true to their knowledge at the time of submission. It is the sole responsibility of the Advertiser to keep all user account information up to date. Failure to provide accurate information may result in account termination as outlined in paragraph 10.

3.3. Affcore reserves the right to refuse applications and acceptance of any advertiser is subject to the sole discretion of the Affcore Partner Network. The Advertiser hereby consents to Affcore using the Advertiser’s details and Personal Data for the purposes of carrying out any factual checks that it considers to be necessary to confirm the identity of the Advertiser, its suitability for (and the suitability of the Advertiser’s Website(s)) for the Affcore Partner Network and any other matter which is connected to the Advertiser’s application and, whenever subsequently accepted by Affcore is connected to its activities and role as an Affcore advertiser.

3.4. If the Advertiser is accepted into the Affcore Network, s/he will be required to complete a Know Your Customer (KYC) validation. This may involve submission of tax residency certificate, company registration document and/or other similar documents.

3.5. KYC Documentation is held privately by Affcore and will be reviewed and assessed by Affcore’s compliance team, who have full discretion to evaluate whether the provided documentation is both genuine and acceptable. Affcore reserves the right to request further documentation in any specific Advertiser’s case and reserves the right to refuse the Advertiser.

3.6. The Advertiser will also be required to provide a billing address to Affcore’s Partner Network. This address will be subject to verification by the Affcore compliance team.

3.7. The Advertiser may be requested to make a test bank transaction for validation purposes, which amounts will be accounted for the future Affcore services.

3.8. This Agreement sets forth the entire agreement of the parties and supersedes any and all prior oral or written agreements or understandings between the parties as to the subject matter hereof. Only a writing signed by both parties, including but not limited to the corresponding Insertion order (IO), may change, modify or amend the terms of the Agreement.

Relationship

4.1. As of the effective date of this Agreement (“Effective Date”), the Advertiser agrees to accept and pay for, and Company agrees to provide, the services identified and set forth in the Agreement (“Services”).

4.2. The Advertiser acknowledges that Affcore may legitimately need all information, assistance, and cooperation from the Advertiser to carry out its obligations in relation to their contractually binding.

4.3. The Advertiser agrees to implement the Tracking solution on all of its websites covered by the Agreement, including desktop, all mobile versions of those websites, and any downloadable mobile applications, in accordance with Affcore’s instructions and with its help. Advertisers understand and acknowledge that proper Tracking solution implementation is essential to the Services. Implementation of the Tracking solution in all possible locations mentioned above is a prerequisite for the Program launch.
4.3.1. If the Advertiser fails to comply, or Affcore suspects that the Advertiser is failing to comply, with its obligations under clause 4.3. Affcore may suspend the Agreement, including the provision of all Services and licenses, the operation of the Program, and/or the Advertiser’s access to the Interface, until the Advertiser rectifies such failure.

4.3.2. The Advertiser is obliged to save the tracking solution and continue transmitting tracked conversions during the set cookie lifetime. In addition, the Advertiser will be obliged to compensate for losses resulting from a temporary lack of Tracking solution, regardless of whether Tracking solution has been removed in one or more sources. The compensation will be calculated on the basis of the average daily revenue of Affcore and Publishers based on the period before the loss of the Tracking solution from the source(s) in question and multiplied by the number of days of the lack of tracking.

4.4. The Advertiser confirms that it is aware of and agrees to bear the cost of integration with the Affcore system in order to measure Actions in the Program. The cost of integration is 200 EUR. The parties agree that the cost may be reduced if the time requirements for the Tracking integration described below are met:

1) done up to 1 week = 100% discount

2) done up to 2 weeks = 50% discount

3) done in more than 2 weeks = 0% discount

The integration time is counted from the date of sending the necessary materials (tracking pixel, instructions) by Affcore to the Advertiser.

4.4.1. If the Tracking solution related to the Program is not implemented by the Effective Date (as specified in the Order Brief) because of something inside Affcore’s control, Affcore maintains all authority to charge an expense of additional 200 EUR every month and per Program (or the corresponding fee converted into a local currency if applicable) from the Effective Date until the Tracking Solution related to the Program has been implemented.

4.5. The Advertiser acknowledges the superiority of Affcore’s Tracking solution and the results presented therein over other systems used, including systems for measuring leads or sales. The Affcore’s system remains the official source of information for billing purposes. If other/external systems such as Google Analytics are used as an alternative source of data analysis, the Advertiser is obliged to configure it in accordance with Affcore’s guidelines in order to avoid possible discrepancies.

4.6. Subject to the terms of this Agreement, the Advertiser will be permitted to create a Program on Affcore.com and link to a specified page or ad hosted by the Advertiser containing advertising and marketing materials for use by Affcore’s Publishers in the promotion of the Advertiser’s products or services.

4.7. Unless agreed otherwise, the Advertiser is required to promote the Program on the homepage of its website and provide a link to Affcore’s website for potential Publishers to apply.

4.8. The Advertiser agrees to be solely responsible for the contents of its Marketing Materials and the manner in which they are being used by Affcore’s Publishers to promote the Advertiser’s products and/or services.

4.9. The Advertiser is solely responsible for its website content and the products and/or services promoted and/or sold from that website (including and without limitation, compliance of the same and all applicable laws regardless of the Advertiser’s location). Affcore shall not be responsible, under any circumstances, for the practices of any specific Advertiser or Publisher or for the content of their websites, posts, or emails or other communications using the Affcore Network, and Affcore shall have no liability (whether in contract, tort, negligence, or otherwise) for the same.

4.10. The Advertiser shall compensate Affcore against all costs (including, without limitation, legal costs), claims, losses, damages, defamation, and awards suffered or incurred by Affcore in relation to the Advertiser’s website content, posts, or emails, or similar communications and the products and/or services promoted and/or sold from the Advertiser’s website including, without limitation, any and all claims, losses, damages, and awards against Affcore with respect to non-compliance of the Advertiser website, its content and/or the goods and/or services marketed and/or sold through it with all applicable laws.

4.11. The Advertiser shall compensate Affcore if, without Affcore’s knowledge and consent, it enters into direct cooperation with the Publisher(s) acquired by Affcore during the course of the Program. The grace period between Publisher’s resignation from the cooperation through the Affcore network and the commencement of direct cooperation with the Advertiser is 6 months. In the case of establishing direct cooperation with a Publisher without fulfillment of the period indicated, the Advertiser is obliged to pay Affcore compensation in the amount of the Publisher’s commission from the last six (6) months of activity in the Program. This provision does not apply if the Publisher(s) provides to the Advertiser a different range of activities in a different commission model than the range of activities carried out in the Program.

4.12. The Advertiser acknowledges works with Affcore on an exclusive basis. In the event of cooperation with an alternative party providing the same or similar services to those provided to the Advertiser by Affcore, the Advertiser shall be obliged to pay Affcore compensation in the amount of six (6) months of commission calculated on the basis of Program commission for the last six (6) months prior to the breach of contractual provisions, unless otherwise provided by supplementary agreement between the parties. If the Advertiser breaches the contractual provisions before the period allowing for the calculation of the compensation, i.e. six (6) months of cooperation, Affcore is entitled to charge compensation as an average daily commission of the last 30 days before the abuse occurred multiplied by 180.

4.13. The Advertiser acknowledges that Affcore shall accept no responsibility for unwanted actions and Publisher’s traffic that comes through the Advertiser’s Program(s) based upon the settings of the Advertiser.

4.14. Advertiser Program Details are the details of the Advertiser Program, and any Programs shall be contained within the Advertiser’s Program listing in the Affcore Partner Network. The Advertiser independently fills in the data about their Program (rates, types of traffic, hold time, Post Click Cookie lifetime, etc.). In case of changing the Advertiser Program Details, the Advertiser shall contact Affcore by email at the following address: support@affcore.com. The Advertiser’s Program segmentation and specifications will be published after review by the Affcore Partner Network. Any update or revision to the Advertiser’s Program may trigger a new verification by Affcore Partner Network. Notwithstanding the preceding, nothing contained on the Advertiser listing may conflict with this Agreement, and any such conflicting terms and conditions shall be void.

4.15. Positioning of the Ads within the Affcore Partner Network is at the sole discretion of Affcore and its Publishers. Affcore does not guarantee that the Advertiser’s Ads will be available through any specific part of the Affcore Partner Network, when the Advertiser’s Ads will run or the placement and positioning of the Advertiser’s Ads. Affcore reserves the right to reject any Ad, page, link, or Marketing Material for any reason at any time. Affcore reserves the right, at any time, to remove any of the Advertiser’s Ads or Marketing Materials if Affcore determines, (in its sole discretion), that the Ad or any portion thereof, violates any of Affcore’s policies/terms or may result in liability for the Affcore Partner Network. Affcore has the full rights to reject any URL link embedded within any Ad. Affcore’s failure to reject or cancel any Ad shall not be construed as an acceptance of the Ad or Marketing Material, nor shall it negate other provisions of the agreement, specifically with respect to liability.

4.16. The Advertiser grants to Affcore Partner Network and Publishers, a non-transferable, royalty free, worldwide license to display and link to their website or website content, and all trademarks, service marks, trade names, and/or copyrighted material and all other intellectual property rights, from each of their websites and/or subscription email, for the limited purposes of promoting their program. This is subject to the terms and conditions of this agreement. Affcore Partner Network will have no liability or assume any responsibility for any costs, damages or losses incurred by the improper use or distribution of these resources.

4.17. The Advertiser agrees to maintain the implemented Tracking solution throughout the duration of the Agreement and after its cancellation by the cookie lifetime period set in the Program in order to count the remaining transactions generated by the Publishers. The Advertiser acknowledges that Tracking is the sole measure of Transaction validity.

4.18. The Advertiser must notify Affcore at least seven (7) days in advance of any changes that may affect the Tracking system. If any action by the Advertiser leads to the removal or disabling of Tracking, resulting in unrecorded Transactions, the Advertiser agrees to compensate Publishers based on their average performance on the Program over the two (2) weeks preceding the Tracking issue. Additionally, the Advertiser will pay Affcore a Commission on any compensation payments made to Publishers for lost earnings.

4.19. Affcore reserves the right to remove the Program from the list of available programs if the Advertiser does not resolve any Tracking solution irregularities or other issues affecting Publishers within seven (7) days of receiving written notice.

4.20. If the Advertiser wishes to implement the de-duplication technology or an attribution model different from the generally accepted ‘last click’ in its Program, the Advertiser must provide Affcore with a two (2) month’s written notice to avoid conflicting tracking issues. This clause does not apply if the Advertiser was already using the de-duplication technology at the time of signing the Service Order and had communicated this to Affcore in writing prior to the Agreement.

4.21. The Affcore Partner Network may contact the Advertiser by email, telephone, post, SMS, via social media network, and other possible means of communication for feedback relating to the service under this Agreement and/or for marketing purposes in respect of other services of Affcore group entities.

4.22. The Advertiser shall be solely responsible for compliance with all applicable laws in all relevant jurisdictions, including sanctions and regulations.

Fees and Reporting.

5.1. The Advertiser shall pay a fee to Affcore Network for the rendered Services as per the Services Details agreed in this Affcore Network and final data as agreed by the Parties. The Advertiser undertakes to pay fees in accordance with the tariff, plan, or applicable subscription option selected in the Affcore Partner Network.

5.2. For the purpose of leads confirmation, the Affcore Partner Network shall also provide a monthly report to the Advertiser via email before the 5th day (in case of statutory holiday or weekends, postponed to the first working day after the holiday or weekends) of the month following the reporting month, and the Advertiser shall promptly confirm the numbers. If the Advertiser doesn’t confirm the numbers within thirty (30) days, the Affcore Partner Network may suspend the Advertiser until confirmation or other data is provided. If the Advertiser does not confirm the numbers within ninety (90) business days after the day the monthly report was sent by the Affcore Partner Network all the leads will be considered approved and must be paid for.

5.2.1. While confirming the numbers in accordance with clause 5.2, the Advertiser shall process the appealed orders that were submitted by the Publisher for the previous accounting period. For the purposes of this clause, appealed orders are the orders that were made but did not get included in the reports from the Affcore Partner Network; as well as the orders that were declined by the Advertiser, despite being in compliance with the rates and the Program regulations, and were subsequently appealed by the Publisher.

5.3. One hundred percent (100%) of the amount payable for the accounting period will be paid within fifteen (15) business days after the invoicing date. The Advertiser undertakes the commission payment for the payment transfer.

5.4. Any Taxes levied on either Party shall be borne by the respective Party, in accordance with the applicable tax laws in the governing jurisdiction. All Fees due to Affcore under this Agreement shall be exclusive of VAT. If VAT is applicable, such applicable VAT shall be borne by the Advertiser. The Fees paid by the Advertiser to Affcore shall be made free and clear of, and without deduction of VAT. If a reverse-charge mechanism applies, or if the Advertiser needs to withhold VAT in the country where it is VAT registered, the Advertiser shall provide a VAT number to Affcore and liable to account for and to pay such VAT to the relevant tax authorities. All payments of Fees to be made by the Advertiser to Affcore under this Agreement shall be paid without set-off, counterclaim or deduction, unless strictly required by applicable law, for example, because of a legal requirement to withhold any taxes.

5.5. In case of arrears, Affcore has the right to request and the Advertiser is obliged to provide within 5 working days from the date of request its financial statements (balance sheet, income statement, and cash flow statement) for the last 3 years, including the current year.

Fraud

6.1. The Advertiser acknowledges and agrees that Affcore shall not be liable for any acts of fraud committed by the Advertiser, the Publishers and/or the end-user consumers. In addition, the Advertiser agrees to pay Affcore in full for all services performed under this agreement, regardless of any consumer or Advertiser fraudulent activity.

6.2. Affcore will make every effort to distinguish and stop any and all Publisher fraudulent activity. However, the Advertiser should make every effort to monitor the Publisher traffic activity and apply appropriate termination procedures immediately if the Advertiser believes a Publisher is engaged in fraudulent activity. Affcore shall have no liability to the Advertiser (whether in contract, tort, negligence or otherwise and howsoever arising) for any losses, costs, claims, damages or awards incurred by the Advertiser in respect of any fraudulent Publisher or end user activity.

6.3. Misuse, deceit or purposeful sabotage of tracking data by the Advertiser, as determined by Affcore, will be considered as a material breach of this Agreement and may result in the immediate termination of the Advertiser account and this agreement.

Indemnification

7.1. The Advertiser shall keep Affcore Partner Network, its Publishers and their respective directors, officers, employees and agents indemnified from and against any costs (including, without limitation legal costs), awards, damages, claims for damages or other claims for compensation arising from: the breach by the Advertiser of any and all applicable laws in all jurisdictions; any claims from Publishers and customers of the goods and/or services supplied by it and/or sold by it; claims, awards and/or judgements from any authority in respect of the Advertiser’s supply of the goods and/or services and/or website content; the content of the Advertiser’s website or any incorrect information given to Affcore by the Advertiser; any infringement or potential infringement of any third party’s intellectual property rights. The Advertiser shall also indemnify Affcore for: any other damages, losses or costs caused by the Advertiser’s improper, negligent or unauthorized use of Affcore services; technical problems or loss of data caused by the Advertiser on the Affcore and Advertiser Website or on any website to which the Advertiser is linked by Affcore.

Limitation Of Liability

8.1. To the extent permitted by applicable law, Affcore shall not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any losses, liabilities, costs, expenses and claims (including but not limited to, direct, indirect or consequential losses, loss of profit, loss of contracts, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses arising out of or in connection with: defects in the service; interruptions in the accessibility to the service; infringements on data or loss of data on the information handling system; defects in the security system or viruses or other harmful software components; any third party deleting, removing, deactivating or tampering with the Publisher and Advertiser tracking service or Tracking Codes and Pixels.

8.2. Affcore cannot guarantee or warrant the performance of Affcore services or the links to any linked websites. Affcore, to the extent permitted by applicable law, shall not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any error in the implementation of the links and tracking codes for the Advertiser’s website or for the specified function of the links.

8.3. Affcore shall have no liability (to the extent permitted by applicable law, whether in contract, tort, negligence or otherwise and howsoever arising) for any delay and/or failure to perform its obligations under this agreement where such delays and/or failures to perform arise as a result of events beyond the reasonable control of Affcore including, without limitation, flood, fire, act of government and failures of telecommunications and internet service providers.

8.7. Affcore shall have no liability (to the extent permitted by applicable law, whether in contract, tort, negligence or otherwise and howsoever arising) for any mistake or error of any kind when configuring Program settings inside Advertiser accounts. It is the Advertiser’s responsibility to ensure that the Advertiser Program was configured properly by Affcore that includes payout amounts, deadlines, promotion terms, geographical restrictions, prizes, additional incentives, favorable rates or any other Program settings inside an Advertiser account.

Termination

9.1. Either party may cancel this Agreement or an IO, by giving thirty (30) business days prior written notice to the other party, unless stipulated otherwise in the tariff, plan or applicable subscription option selected in the Affcore Partner Network. Any accrued but unpaid payment obligations, shall survive termination of the Agreement. In the event of termination, the Advertiser shall allow thirty (30) business days for the Programs to become inactive across the Affcore Partner Network, and the Advertiser shall be responsible for the Sales and Conversions that result from Ads published during those thirty (30) days.

9.2. Affcore may terminate this Agreement immediately at any time following acceptance of the Advertiser onto the Affcore Partner Network if the Advertiser does not meet Affcore requirements or fails to provide documentation requested by Affcore or otherwise as Affcore reasonably determines, including (but not limited to) any malpractice, late payment of commission or Advertiser Fees, or any breach of these terms. Affcore will provide reasonable notice of such termination where possible.

9.3. Without prejudice to any rights that have accrued under this Agreement or any of its rights or remedies, Affcore may terminate this Agreement immediately at any time upon notice to the Advertiser in the event of any one or more of the following:

9.3.1. In the specific circumstances set out in this Agreement.

9.3.2. The Advertiser commits a breach of this Agreement.

9.3.3. Any event of insolvency occurs, including (but not limited to) the Advertiser being unable to pay their debts, making any arrangements with creditors, a petition for winding up is filed, an administrator is appointed.

9.3.4. The Advertiser suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.

9.3.5. The Advertiser Website is inoperative.

9.3.6. There is a change of control of the Advertiser account or related business.

9.4. Following termination of this Agreement, Affcore has the right to re-direct visitors promoting the Advertiser’s Programs to whatever destination it determines in its sole discretion.

9.5. The Advertiser shall maintain Tracking Codes and Pixels in place for a minimum of thirty (30) days following termination. Any late conversions, commission or Advertiser fees earned during the notice period will continue to be payable by the Advertiser to Affcore Partner Network.

Non-Disclosure

10.1. The Advertiser or Affcore may provide the other with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party. The receiving party agrees to make commercially reasonable efforts, but in no case less effort, than it uses to protect its own confidential information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party.

10.2. The receiving party agrees not to disclose the confidential information without prior express written consent from the other party in each instance. The term “confidential information” shall not include information that is, or becomes, part of: the public domain through no action or omission of the receiving party; that becomes available to the receiving party from third parties without knowledge by the receiving party of any breach or violation of fiduciary duty, or that the receiving party had in its possession prior to this Agreement.

Final Provision

11.1. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of UAE without regard to its conflict of laws, rules or principles.

11.2. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this Agreement or arising therefrom or related thereto in any manner whatsoever, shall be settled by the Dubai Courts.

11.3. The Advertiser use of the Affcore Network is irrefutable acknowledgement by the Advertiser that s/he read and agreed to each and every term and provision of this Agreement.

11.4. Affcore reserves the right to amend and update this agreement at any time, by posting written notice of the changes on the Affcore Partner Network or by an email.

11.5. The use of the Affcore Partner Network by the Advertiser after making changes to this Agreement indicates the Advertiser’s consent to the changes and willingness to assume the obligations specified in this Agreement. Disagreement with the changes in the Agreement entails the termination of this Agreement, as well as the termination of work with the Affcore Partner Network.

Terms for advertisers (Global entities)

Company

Resources

Legal

Contact Us