End User License Agreement
of Rocketprofit (http://www.rocketprofit.com/) Partnership Network
This End User License Agreement is concluded between you, an individual, and the administration of the Internet resource of Rocketprofit (http://www.rocketprofit.com/) Partnership Network.
*Visitor* is an individual who has reached the age of majority, who is able by his/her actions to acquire civil rights and
to independently exercise them, as well as able by his/her actions to create civil duties for himself/herself, to fulfil
them independently, as well as to be responsible in case of failure to do so, who has visited the Website for informational
purposes, but has not accepted the public offer.
*Webmaster* is an individual who has reached the age of majority, who is able by his/her actions to acquire civil rights and to independently exercise them, as well as able by his/her actions to create civil duties for himself/herself, to fulfil them independently, as well as to be responsible in case of failure to do so, who has accepted terms and conditions of this End User License Agreement And is using the services of the Website.
*Administration* – ___________________________________________________ is a sole owner of the Website on the basis of private property rights and carries out organizational, financial, technical support for the Website existence and functioning. The Administration also ensures the Website uninterrupted functioning and free access to all participants of such a network. Network participants, their status, rights and obligations are stipulated by the provisions of this End User License Agreement.
*Parties* are Administration, Webmasters, Advertisers, Customers and Visitors.
*Administration Platforms* are Internet websites owned or being in operational control, used by the Administration.
*Advertiser* is a person placing advertising materials of the goods on Administration Platforms, with the purpose of alienation of certain goods and/or services.
*Promotional Materials* are informative materials of promotional nature created by the order of the Advertiser, containing all the (or a part of): photos, videos, audio tracks, graphics elements, text and other elements.
*Webmaster* is a person who (using methods agreed in advance) attracts the Customers interested in purchasing the Advertiser's offers. Methods of the Customers attracting are agreed by the Administration, the Advertiser and the Webmaster in a form convenient for the Parties.
*Customer* is a person who has left a confirmed application for the purchase of goods and/or services, advertised on the Administration Platforms, or on the Website.
*Offer* is an offer to purchase the goods and/or services, distributed by the Webmasters on the Administration Platforms and/or on the Website, which is an integral part of Promotional Materials.
*Website* is an Internet resource with http:// rocketprofit.com/ domain name under organizational management and belonging to the Administration under private property rights.
*Public Offer* is an offer addressed by the Administration to an indefinite circle of persons (or to several particular persons), which is definite, specific and expresses the intention of the person who made the offer to consider himself/herself a person which has concluded this End User License Agreement with the addressee who will accept the offer.
*Acceptance* is a full acceptance by one of the Parties of terms and conditions of the Administration’s Public Offer for the conclusion of this End User License Agreement.
The Public Offer Acceptance occurs at the moment when the Website (and its services) is (are) started to be used (including for informational purposes).
*End User License Agreement* (in short, *User Agreement*) is a document containing the Public Offer specifying general rules for the Website visiting, regulating the status of the Parties, the goods (services) purchasing procedures, as well as other significant terms and conditions for the Parties interaction.
1.1. This End User License Agreement (hereinafter referred to as the *User Agreement*) determines general rules for visiting,
using the services and the norms of general behaviour on the Website. The User Agreement regulates civil and legal relations
that are formed by the Parties in the process of their Interaction.
1.2. This User Agreement can be amended unilaterally by the Administration’s decision. The Administration is not obliged to personally notify Webmasters on such amendments. A new version of the User Agreement comes into force from the moment of its publication on the Website.
1.3. Terms and conditions of the User Agreement apply to all visitors to the Website, without any exception.
1.4. In case of disagreement with the provisions of this User Agreement (in full or in part), the person who has expressed such a decision has no right to use an information field and targeted services offered on the Website.
1.5. The Parties have reached an agreement concerning the fact that any person that has accepted the Public Offer is considered to be a person that has become familiarized with provisions of this User Agreement, staying with a clear memory and fully understanding legal consequences of such agreements concluding. The essence, scope of obligations, established for each Party to this Agreement, are fully understood by it.
2. Regulation of Interaction between Parties
2.1. The Administration provides Visitors with an information field of the Website, in order to familiarize the Visitors with information on services provided by the Site. The Website information field includes, but is not limited to: a general use zone – for the Website Visitors, a zone of use – for registered Webmasters.
2.2. Webmasters independently determine a type and an amount of information that regularly appears and is updated on the Website, bearing full legal responsibility for it.
2.3. The Advertiser places its Offer by transferring relevant information to its personal manager. A personal manager is assigned to each Visitor who has accepted the terms of this User Agreement and has been successfully registered on the Website. The Administration can, but is not obliged to, provide a service of a short recommendatory consultation on questions asked. Such consultation shall be provided free of charge.
2.4. To get the service specified in clause 2.3 of the User Agreement, the User shall independently place a request for such a service by means of: skype, icq, e-mail. The questionnaire details of the personal manager’s accounts in skype and/or icq networks shall be contained in a corresponding information block located in the upper right corner of the page. When ordering such a service, it is necessary to formulate a question and to leave the necessary contact information – an e-mail, a contact phone number.
2.5. The Administration has the right not to respond to a posted request of the User and not to provide a response, if such a request is not clearly formulated, contains brutal, abusive user name, words and phrases to the address of the Administration and/or third parties, as well as according to other reasons, guided by own beliefs.
2.6. Usage by the Webmaster of services (and/or opportunities) provided for by the Administration through the Website does not provide the User with any exclusive rights and privileges to tangible (and/or intangible) property of the Administration.
2.7. The information posted on the Website by the Administration is a result of the Administration intellectual activity and all the proprietary and personal non-proprietary rights to such information are owned by the Administration until it shall be determined otherwise. At that, the Webmaster does not have any exclusive rights to a result of the Administration intellectual activity expressed in graphic, text, audio (or video) form placed by the Administration on the Website.
2.8. The Administration is not obligated to protect the User’s rights violated by third parties, in the context of settlement of disputes having arisen on this ground, including, in accordance with judicial procedures.
2.9. Violation by the User of copyrights belonging to the Administration and (or) other persons, entails responsibility for an offender, provided by the provisions of laws of _________.
2.10. In case of revealing any violation of the copyright by the Webmaster (through illegal posting of materials not belonging to the Webmaster), the Administration shall withdraw such materials from public access, upon the first demand of the legal right holder, after the dispute resolution procedure performance.
2.11. The Webmaster and/or the Visitor is prohibited from posting information that (directly or indirectly) contains common signs of pornography, information insulting, infringing, damaging someone's dignity, containing calls for violence, brutality and other actions that lead to violations of current legislation norms, norms of particular territorial jurisdiction, as well as information containing malicious software and/or other information that may harm third parties on the Website.
2.12. In case of violation of terms and conditions of clause 2.12 of this User Agreement and failure to comply with the requirements of the Administration, including on withdrawal of such information from public access, the Webmaster of the Website is liable under the provisions of this User Agreement and/or current legislation of a certain territory of jurisdiction. In this case the Administration has the right to remove the information mentioned in clause 2.12 on its own.
2.13. The Administration is not responsible for any results of visiting by the Webmaster of third-party (external) resources, links to which can be posted on the Site. The results are any results, regardless of their nature, as well as any results from which the Webmaster has suffered any material losses, moral damage and other negative displays.
2.14. The goods (services) offered to Webmasters within the Website are distributed remotely within the requirements established by the current legislation, certified and comply with the requirements defined by the legislation in the field of consumers’ rights protection.
2.15. The Website does not distribute the goods and/or services. The main functional purpose of the Website is organization of a place of meeting for the Advertiser, the Webmaster and/or the Customers in virtual space. This User Agreement entrusts the corresponding obligations on maintaining the Website operation to the Administration.
2.16. The Administration legal status is an intermediary, performing an organizational and managerial function of processes. At that, the Administration does not own the subjects of the offers, which are published in the Site, it does not place such offers on its own behalf.
2.17. The Administration provides for temporary use of an information field of the Website and/ or the Platforms to the Webmasters, the Advertisers, the Customers, it also undertakes to carry out the support provided for by the User Agreement.
2.18. The Administration reserves the right to refuse from servicing certain persons, without providing additional explanations for the reasons.
3. Procedures for Services Usage by Webmasters
3.1. The Webmaster has the right to freely use the services and offers described on the Website in full, except in cases
where such use is illegal, violates the rights, freedoms and interests of the Administration and/or other Webmasters
of the Website.
3.2. Procedures for Usage of Website Functionality:
3.2.1. The Visitor visits an information field of the Website on its own. In case of interest in certain services, the Visitor shall place an order using the Website functionality.
3.2.2. In order to get a full range of opportunities offered by the Administration, the Visitor shall register itself on the Website on its own.
3.2.3. In order to start the registration procedure, the Visitor shall click the “Register” button posted on the Site.
3.2.4. After clicking the “Register” button on the Site, the Visitor will be offered a registration form within the Website.
3.2.5. In order to successfully complete the registration procedure, the Visitor undertakes to fill in all the necessary fields – Login, Password, e-mail, details of an electronic payment system account, mobile phone number, field for confirmation code entering, skype.
3.2.7. The registration procedure is completed if the requirements specified in sub-clauses 3.2.3 – 3.2.8 of the Agreement are met and if the Visitor clicks the “Register” button directly in the registration form.
3.2.8. Successful completion of the registration procedure on the Website shall be confirmed by an electronic notification that comes to the Visitor at its e-mail address specified by the Visitor in the registration form. From the moment of occurrence of the circumstances described in this clause of the User Agreement, the status of the Visitor changes to the Webmaster status followed by all the legal consequences for this Party, contained in the provisions of this User Agreement and current legislation of the Russian Federation.
3.2.9. If necessary, the Administration can provide the Visitors with consulting and information services in the manner provided for in this User Agreement.
3.2.10. The Administration has the right not to respond to a posted request of the Webmaster and not to provide a response, if such a request is not clearly formulated, contains brutal, abusive user name, words and phrases to the address of the Administration and/or third parties, as well as according to other reasons, guided by own beliefs.
3.2.11. The Webmaster’s fee shall be paid by the Administration in the manner determined by the CPA-network functionality, based on the statistical data provided for by the CPA-network registration system.
3.2.12. The Webmaster’s fee is paid as 100% post-payment.
3.2.13. The amount of the Webmaster’s fee is determined by the CPA network functionality and depends on the amount of actually performed work, which is to be registered in the order specified in clause 3.2.13 of the User Agreement.
3.3. Goods Payment Procedures:
3.3.1. The cost of the Offers is determined by the Advertiser, and is to be published on the Website and/or Platforms in an open form.
3.3.2. The price of the goods indicated on the Website is dynamic, it is given for informational purposes, it is distributed for the purpose of determining the service price category and can be changed by the Advertiser without additional notice to the Visitors.
3.3.3. The payment for the Offer can be made by the Customer using one of the convenient ways provided for by the functionality of the advertising platform.
3.3.4. The Parties have reached an agreement that the Administration shall not be responsible for the efficiency of payment systems with the help of which the Customer pays for the Offer. If there appear any difficulties with the payment, the Customer shall address to the representatives of the payment system that has been used
by the Customer to pay for the Offer. The Administration has the right not to respond to inquiries addressed to it by the Customers on issues mentioned in this clause of the User Agreement.
3.3.5. If the Customer refuses to pay the Offer, the transfer of the Offer to the Customer is not to be carried out, due to failure by the User to fulfil the obligations assumed by it. The Administration, in such a case, does not bear joint responsibility for damages caused by the guilty User, and does not act on the side of the creditor, nor in the status of a joint, nor in the status of an independent responsible Party.
3.4. Goods Delivery Procedures:
3.4.1. Delivery of the Offer subject to the Customer shall be effected in a way agreed in advance by the Parties.
3.4.2. Terms of the Offer subject delivery are individual for each case.
3.4.3. The term and procedures of the Offer subject delivery to the Customer is determined by the terms of the Offer, or by the Advertiser individually for each Offer (Customer). The Advertiser is obliged to provide instructions to the Customer regarding payment and delivery of the Offer subject, as well as to comply with the regulatory requirements established for remote trading.
3.4.4. The Parties that have reached an agreement concerning the fact that the Offer subject delivery to the Webmaster shall be performed in the manner provided for in the User Agreement.
3.4.5. The Offer shall be transferred to the Customer, only after the Customer pays for the Offer subject (full price for the goods) to the Advertiser in full.
3.4.6. The Parties have agreed that the Offer subject delivery can be carried out on a fee basis, the Customer agrees with it and accepts the terms of this User Agreement, as well as agrees to cover the logistics costs related to the Offer subject delivery directly to the receipt address.
*3.5. Goods Return Procedures*
3.5.1. Return of the Offer subject of proper quality is possible in the event that its presentation, consumer properties are preserved, as well as a document confirming the fact and conditions for the said goods purchase.
3.5.2. Return of the Offer subject is to be performed to the Advertiser, who has alienated the Offer subject in favour of the Customer.
3.5.3. All the issues related to logistics of the Offer subject return, payment return, compensation of related costs are to be settled between the Customer and the corresponding Advertiser.
3.5.4. The Customer cannot refuse from accepting the goods of proper quality, having individually defined properties, if the specified goods can be used only by the Webmaster, who has purchased them.
4. Duties and Responsibilities of Parties
4.1. The Administration is not responsible for the actions of the Webmaster that have caused the violation of any third parties’
rights, except as permitted under applicable laws.
4.2. The Administration is not responsible for the content of the information provided for by the Webmasters.
4.3. The Administration is not responsible for the content of the comments of the Website Webmasters. The Website Webmasters’ comments are the subjective opinions of their authors that do not pretend to be objective. They may not coincide with public opinion and does not correspond to reality.
4.4. The decision on provision/non-provision of personal data is to be made by the Administration, based solely on the request sent by a person to the Administration, in accordance with established norms of current legislation.
4.5. The Administration has the right not to respond to requests, appeals and letters that do not contain details of the applier (name, contact details).
4.6. The Administration is not responsible for the registration data that have been provided by the Webmasters when interacting with an information field of the Site.
4.7. The Administration has the right (without giving any reasons) to restrict, block access for the Webmaster (including unregistered one) to the Website, with partial or complete removal of information that has been posted on the Website by the Webmaster.
4.8. The Administration undertakes to consider the claim, issued in the manner prescribed by Section 4 of the User Agreement, within thirty (30) calendar days from the date of its receipt.
4.9. The Webmaster is solely responsible for the use of the goods (services) purchased by it through an information field of the Site, as well as for the consequences of such use.
4.10. The Parties have agreed that the Webmasters are personally responsible for the safety of authorization data on the Site.
4.11. The Parties hereby confirm that the User Agreement has been concluded by them in clear memory and at full understanding of legal consequences of such agreements conclusion. The essence, scope of obligations, established for each Party to this Agreement, are fully understood by it. The Parties have agreed that each of them has been provided with full and accurate information on data set forth in the provisions of this User Agreement.
4.12. The Webmaster uses only those methods for the goods (services) promotion that are not in conflict with and do not violate existing laws.
4.13. The Webmasters are not allowed to use illegal methods for the Offers promotion – hacked websites, spam traffic, sites with materials and of themes that violate current legislation norms: themes that promote production, distribution and consumption of drugs and psychotropic substances, pornographic themes, Website promoting violence, social inequality, discrimination on any grounds (religion, race, gender, political and religious views), aiming at political destabilization of political and public order of any country.
4.14. If the Webmaster is caught in activities described in clause 4.15, the Administration fully disclaims any liability.
5. Disputes Settlement Procedures
5.1. In case of revealing in the Website of posted information containing results of intellectual property belonging to third
parties, the right holder shall:
5.1.1. File a claim, indicating actual and normative bases which enable the Administration to remove the information from public access.
5.1.2. Attach the proof of intellectual property results originality (an original copy, other documents confirming the ownership of the copyright object) to the claim.
5.1.3. Send a set of documents referred to in sub-clauses 5.1.1, 5.1.2 of this User Agreement, to the Administration’s e-mail: support@ rocketprofit.com
5.2. The Webmasters’ claims on the goods and/or services quality, as well as other comments shall be sent to the Administration’s e-mail: support@ rocketprofit.com
5.3. In the case, described in clause 3.2.4 of the User Agreement, any complaints, claims, comments shall be directed to the corresponding resources management. The Administration has no right to respond to such complaints, claims, and comments.
5.4. The Administration is not obliged to contribute to the search of the persons referred to in clause 3.2.4, as well as other third parties, whose actions had violated the rights, freedoms and interests of the Webmasters.
5.5. The Administration is not a beneficiary in transactions between the Customers and the Advertisers, it is not responsible and is not obliged to assist the Customer in organization of processes provided for by clause 3.5.1 of the User Agreement, and it has the right not to respond to requests of the Customers directed to the Administration, in the light of these circumstances.
6.1. All possible situations, disputes arising from relationships of the Webmasters (as well as between the Webmasters and
third parties, the Webmasters and the Administration) that are not regulated by this User Agreement shall be settled
in the manner determined by the applicable law.
6.2. The Parties to this User Agreement are aware of the scope of rights and obligations generated by the relationship of the persons mentioned by the User Agreement, and fully conscious of their actions, understanding the nature of legal consequences of such actions in full.
6.3. Inaction of the Administration in case of violation by any Webmasters of provisions of the User Agreement does not deprive the Administration from the right to take appropriate actions later to protect its interests and rights protected by law.
6.4. In relation to all the issues other than those indicated in Section 5 of the User Agreement the Users can address to the Administration, by sending relevant requests.
6.5. Contact details of administration: Support@ rocketprofit.com – goods ordering and communication with managers;