User's agreement
This User Agreement (here in after - "Agreement" or "this Agreement") is established to regulate legal relationships
between the Publisher and the System «MyRef.pro» represented by the Administration of the System
«MyRef.pro» (hereinafter collectively referred - the "Parties") in the relation to providing access to the system's
software interface and its capabilities as well as providing access to advertising and information materials
(hereinafter - "AIM") hosted in the system. The Publisher unconditionally accepts all the provisions of this
Agreement by registrating in the system.
1. Terms and definitions of the Agreement
1.1.
The meanings of terms and definitions which in the interest of the Agreement are listed below are as follows
1.1.1.
"Internet" - is a worldwide system of integrated computer networks, based on the
use of IP and the routing of data packets.
1.1.2.
"User" - is a person who uses Internet resources.
1.1.3.
"System "MyRef.pro" - is the code contained in the Site (URL:
http://www.MyRef.pro), including all of its capabilities, as well as any advertising and information materials (AIM)
that are available in the functional part of system's software interface.
1.1.4.
"System software interface" - is an interface to access statistics and to
management the placements of AIM. Access to the interface performed by using the user name (it is the Publisher's
e-mail) and a password at URL:
http://www.MyRef.pro.
1.1.5.
"Site" - is a place on the Internet, which is defined by its URL and has its owner
and consists of Web pages which are perceived as a whole.
1.1.6.
"Publisher" - is a fully legally capable person, a registered in the System "MyRef.pro"
user, who performs the placements of advertising materials on the conditions of this Agreement.
1.1.7.
"The status of Publisher" - is the total amount of rights and duties of Publisher
that determines its possibility of access to certain AIM placed inside the system.
1.1.8.
"Offers" - are advertising proposals by advertisers that contain information text,
graphics, audio and (or) videos, which are hosted in the "MyRef.pro" and displayed in the system's software
interface.
1.1.9.
"Information materials"/"Promotional Materials" (AIM) – are any
advertising and informational data hosted by advertisers - images, text, or other information, including links or
banners (teasers), located in a functional System "MyRef.pro" interface.
1.1.10.
"Affiliate Site" - is a site that has informational materials in the form of
links or banners (teasers) posted by Publisher.
1.1.11.
"Placement of AIM" - is a process of technical placement by Publisher of
advertising materials at Internet resources.
1.1.12.
"Banner" - is a static graphic object or animation (animated picture) which is to
be hosted as advertise on an Affiliate Site.
1.1.13.
"Link" - is a part of a text (fragment), refers to another certain element by
establishing a connection and provides a possibility to switch to other objects in the Internet.
1.1.14.
"Click" - is the operation performed by user, which is the pressing a button of a
pointing device input (mouse) in positioning the pointer on the hypertext link.
1.1.15.
"Switch" - redirect HTTP-request from the user's browser on the hyperlink.
1.1.16.
"Lead" - is a directly the result (the consequence) of an efficient action of the
Internet User performed by him at the Advertiser's Internet resource (purchase, order processing, filling out forms,
and as so acts committed by a User).
1.1.17.
"Good quality Traffic" - is the traffic that meets the requirements specified
below:
- 1. If it fully meets the terms of Offer.
- 2. If it fully satisfied the internal criteria for assessment of quality (the algorithm for estimating the
quality of the traffic is not to been disclosed due to being a confidential information). Publisher has the
right to challenge the decision of the Administration on the evaluation of the quality of traffic by sending
written objections in the form of an electronic document via System «MyRef.pro» software interface.
- 3. If the advertiser does not impose any objections to the quality of the traffic.
1.1.18.
"Poor quality Traffic" - is the traffic that does not meet one or more of the
above requirements for Good quality Traffic. In addition, Poor quality Traffic includes Leads and Clicks which are
listed below:
- All of Clicks and Leads, initiated by any non-human induced processes, including robots, scripts (any
other similar software), mechanical automation of Clicks related to a mouse or a keyboard as well as a bots.
- Inconvertible traffic or traffic that converted with a low or insufficient percentage.
- All of Clicks and Leads which are the result of any other possible sources of Poor quality Traffic or
fake traffic, including Users, re-generating Clicks for a limited period of time;
- All of Clicks and Leads incurred as a result of direct or indirect pecuniary or promotional suggestions
made to an individual or organization (including payment of money, promise of discounts, bonuses or other
benefits, participating in any incentive programs, etc.) in order to (or with the conditions) making Clicks
and Leads on banners and (or) the Links on Affiliate Sites;
- Redirection, suppression or replacement the operations of MyRef.pro site's any functions or the static,
dynamic links, or XML Feed;
2.Subject of the Agreement
2.1. On the conditions of the Agreement Administration of the System "MyRef.pro" (hereinafter - "Administration")
provides access to the System "MyRef.pro" software interface of the System "MyRef.pro" and to
use its capabilities and provides access to the AIM in an electronic form which are hosted inside the system.
2.2. The Publisher entitled to get the remuneration as the payment for the placements of advertising materials
performed by him under the terms of this Agreement. The order for calculation of the amount and manner of payment
the remuneration is determined based on the conditions of the Agreement and other internal regulations of the System
"MyRef.pro". The internal regulations of the "MyRef.pro" defining the grounds and order for
calculation of the amount of the remuneration are not the subject to public disclosure as being a confidential. The
aforementioned internal regulations are available for inspection and acceptance of their terms only to logged in
Publishers via program software interface.
2.3. Webmaster uses the informational materials of the System "MyRef.pro" as well as the System "MyRef.pro"
software interface capabilities, exclusively for its intended purpose to the Agreement and in a strict accordance
with the current legislation of Russian Federation (hereinafter - "RF"). Webmaster is obliged not to use
the abovementioned informational materials as well as the System "MyRef.pro" software interface
capabilities in violation of legally protected rights of any third party. "MyRef.pro" is not liable for
the Webmaster actions (inactions) performed by him in a violation of his duties by the Agreement.
2.4. This Agreement includes all of below conditions, as well as the aggregate of all additions thereto, containing
references to these terms and conditions, special agreements and other documents, in whole or in part complementary
to these conditions, or which expressly stated that they are additional to the Agreement. The aforementioned
documents constitute the entire Agreement between the Publisher and the Administration.
3. Publisher’s Duties
3.1. The Publisher has to use in the placements of advertising materials under Agreement strict only the AIM in the
forms and contentions as it were hosted inside the System "MyRef.pro" and could be available via program
software interface at the System "MyRef.pro" website MyRef.pro
3.2. The Publisher has not any rights to copy (in a whole or in a part) any information hosted at the website:
https://www.MyRef.pro, to use it for any other purpose not provided for under this
Agreement, unless otherwise expressly stated in this Agreement.
3.3. Publisher does not have the right to publish in whole or in a part, or otherwise make available to any third
parties, the content of correspondence between the Administration of System "MyRef.pro" and this Publisher,
regardless of what form and in what way the above correspondence carried out.
3.4. The Publisher is responsible in full accordance with the existing legislation of the Russian Federation for
violation of the rights of third persons which are not the parties of this Agreement, in case their rights would be
violated by the Publisher by the breach of the terms of this Agreement.
4.Registration in the system. Conditions and order of changing in status
4.1.
Registration in the System "MyRef.pro". Powers of the Administration.
4.1.1. Registration in the System "MyRef.pro" carried out by a Publisher by sending a filled out
application through the registration form located on the site at the URL:
https://www.MyRef.pro.
4.1.2. The User entitled to have only a single account in the "MyRef.pro". Owning by User more than
one account in the System "MyRef.pro" prohibited. Prohibition on registration more than one account in
the System "MyRef.pro" applies to registration via referral links.
4.1.3. User acquires an "Ordinary" status of a Publisher in the "MyRef.pro" after the
implementation of registration (logging in). The scope of rights and responsibilities of Publishers with the
"Ordinary" status determined by this Agreement and other internal regulations of the "MyRef.pro"
which are available for inspection and acceptance of their terms only to registered Publishers via program
software interface.
4.1.4. The Publisher entitled to acquire the "Silver" status in the System "MyRef.pro" under
the terms of this Agreement. The scope of rights and duties of Publisher with the "Silver" status is
determined by this Agreement and other internal regulations of the "MyRef.pro" which are available for
inspection and acceptance of their terms only to logged in Publishers via program software interface.
4.1.5. The Administration entitled to change the status of Publisher in the system unilaterally, based on the
assessment of conformity of his action performed to the Agreement to requirements for possession certain status
in the system.
4.1.6. In case of violation of the provisions of the Agreement by Publisher, as well as in the case of the
Publisher actions are causing or may cause damage the reputation System "MyRef.pro" or any other third
person or entity - not parties to the Agreement and/or are discriminatory, abusive, libelous, - Administration
entitled to carry out blocking access to the System "MyRef.pro" for registered Webmasters and suspend
his access to any materials located in the System "MyRef.pro" (ban, ban). The Publisher has the right
to appeal the decision of the Administration by means written objections in the form of an electronic document
via System "MyRef.pro" software interface.
4.1.7. The Administration has the right to suspend Publishers work with an offer, informing him in advance for
24 (Twenty four) hours.
4.2.
The Administration in order to assess the possibility of raising the "Ordinary" status of a Publisher in the System "MyRef.pro" up to the "Silver" status, checks the actions of the Publisher for this Agreement on the basis of the following requirements
4.2.1. The Publishers acquisition of the "Silver" status implement only in the event if the filled by him out
registration form of the "MyRef.pro" lists his phone number, e-mail address and other mandatory
requirements (methods of communication, addresses etc.).
4.2.2. The quality of Affiliate sites, on which the Publisher has hosted AIM to the Agreement:
- Affiliate Site shall not contain any elements of the listed in 5.2. of this Agreement.
- the topics of the Affiliate Site should correspond to the topics of Offer as well as the topics of AIM hosted
in the system;
- the attendance of the Affiliate Site shall not be less than 300 (Three hundred) of users per day;
- 80% (eighty percent) of traffic is "the search" or "the purchase" on the target request
from positively proven sources without negative reputation - it is a must;
- the Publisher, if necessary, at the request of the Administration obliged to provide information about the
ability to geo-targeting.
5. Remuneration
5.1. Remuneration shall be paid only for the attraction of quality traffic, the result of which is user
performing of the efficient Action in the interests of the system partners (advertisers). In the interests
of the Agreement any attraction of poor quality traffic prohibited.
5.2. In case of Publisher has initiated or participated in any action aimed at attracting of poor quality
traffic, the Administration entitled to carry out blocking access to the System "MyRef.pro" and
suspend his access to any materials located in the System "MyRef.pro" (ban, ban), to stop the
payment of baseless remuneration and/or to terminate the present Agreement unilaterally.
5.3. The other regulations of the order for calculation of the amount and manner of payment the remuneration
are available for inspection and acceptance of their conditions only to registered Publishers via program
software interface.
6. Prohibitions and limitations
6.1. For the Webmaster is prohibited to use during his cooperation with the System "MyRef.pro"
any Web resource together (regardless of the time and nature of use) with any other Webmaster, registered in
the System "MyRef.pro", with the exception of Web resources identified in Section 5.2. of the Agreement.
6.2. For the Webmaster is allowed joint using of wellknown Web advertising resources with other Webmasters,
registered in the System "MyRef.pro", during his cooperation with the system. At the same time on
the basis of the objectives of the Agreement, the wellknown Web advertising resources are: contextual
advertising systems, social network services with attendance of over 1,000,000 (One million) Users per day
and news feeds with attendance of over 500 000 (five hundred thousand) Users per day.
6.3. In order of the Agreement the Administration imposes the restrictions on the placing AIM for the
Publisher as follows.
6.4.
The Affiliate site shall not contain:
- explicit sexual character materials, pornographic or with erotic content;
- materials that promote violence in any form or by showing explicit scenes of violence;
- materials that promote any form of discrimination based on race, sex, religion, nationality,
disability, sex or age grounds;
- extremist materials or with a terrorist nature, and any other materials that call for any illegal
activities.
- materials violating by any way the copyright and other intellectual property rights of third
individuals or legal persons, which are not parties to this Agreement.
7. Responsibility under the Agreement
7.1. The Administration has the right to terminate the Agreement unilaterally in case of violation by the
Publisher of the conditions of this Agreement.
7.2. Under this Agreement the Publisher shall be responsible for his actions if he will violate the
conditions of this Agreement or will cause harm to the legitimate owners of the "MyRef.pro",
advertisers, other third individuals or legal persons, which are not parties to this Agreement, in full
accordance with the existing legislation of the Russian Federation.
7.3. The Administration and the legitimate owners of the "MyRef.pro" entitled to bring claims and lawsuits
to the Publisher in case of damages caused as the result of Publishers actions that violated the conditions
of this Agreement or the rights of the legitimate owners of the "MyRef.pro" or third individuals or legal
persons which are not parties to this Agreement (in case they have filed the relevant claims).
8. Personal User/Publisher data policy
8.1. The System "MyRef.pro" or any part of it is not intended for collecting any User data or
personal information about User. Moreover, any provision of this Agreement should not be understood as
the consigning to collect and/or transmit personal data of Users. The following are the exceptions from
the abovementioned:
8.1.1. the User and/or Publisher provides their contact data for the purposes of contacting them in the
future in order to fulfill the obligations under this Agreement;
8.1.2. the System "MyRef.pro" collects User data in the process of rendering online
advertising materials publishing and in the process of displaying such advertising materials to the
Users.
8.1.3. The System "MyRef.pro" may collect some impersonal user data related to the Users as
the MyRef.pro web-site visitors, such as:
- browser language;
- the data about web-sites and pages visited by the Users, for example, URLs of the corresponding
web-pages;
- the data about displaying advertising materials to the Users and Clicks on such advertising
8.1.4. System "MyRef.pro" "tags" Users to its partners’ websites with anonymous
browser Cookies. Users tagged by System "MyRef.pro" are given an anonymous identifier. At no
point does System "MyRef.pro" collect personal data, such as User name or address. The browser
Cookies track the products viewed by the User and pages visited of the partner for whom System "MyRef.pro"
is delivering advertising. (A Cookie is a small text file stored on a User’s computer for record-keeping
purposes. There are two types of cookies:
- Session Cookies are used to make it easier for User to navigate on websites. A session ID Cookie expires
when User closes browser.
- Persistent Cookies are used to run System "MyRef.pro" technology as they enable to track and
target the interests of Users to enhance the experience on System "MyRef.pro" partners’
websites. Persistent Cookies remain on User hard drive for an extended period of time. User can remove
persistent Cookies by following the directions provided in internet browser’s ‘help’ file or use System
"MyRef.pro" support team help in the order under provisions of p.7.4. of this Agreement).
8.1.5 Pixel tags are used by System "MyRef.pro" to transfer anonymous data from its partner's
websites to System "MyRef.pro" servers. (A pixel tag (also commonly known as a web beacon) is
an industry-standard, often-transparent graphic image usually no larger than a 1x1 pixel that is placed
in a website).
8.2. Taking into account, the abovementioned data could not be referred to as personal data defining a
specific individual directly or indirectly, both if taken separately or together, under no
circumstances, so, the System "MyRef.pro", Administration of the System "MyRef.pro"
or Its legitimate owners do not process any User personal data or personal information about User.
8.3. The System "MyRef.pro" utilizes the collected data as mentioned above only in the aim of
fulfill obligations under the this Agreement and in purposes of efficient advertising display to the
Users.
8.4. Any and each User and/or Publisher provided their contact data for the purposes of contacting them
is able to opt out of receiving any information from the System "MyRef.pro" or from the
Administration of the System "MyRef.pro" and address with the order to delete their contact
data, as well to ask the instructions on how to delete System "MyRef.pro" Cookie files from
User's browser, by sending the appropriate message to the Administration of the System "MyRef.pro"
to the e-mail address: support@MyRef.pro. Such the abovementioned order should be executed by
Administration of the System "MyRef.pro" in period of 3 (Three) business days from the moment
of such order been received by Administration of the System "MyRef.pro".
9. The scope of the Agreement
9.1. The Agreement shall enter into force upon registration of the Publisher in the system, (the
confirmation is the assigning for the Publisher his login and password to access personal account in
the "MyRef.pro") and is valid for an indefinite period.
9.2. The Publisher through his registration in the "MyRef.pro" expresses the free will to
conclude this Agreement as the offer in electronic form, his acceptance of all its conditions and
confirms achievement of age of majority at the time of completing his registration in the System
"MyRef.pro".
9.3. Administration entitled to change (including the excluded, to make) one, several or all of the
terms of this Agreement. The Publisher is to be notified of changes in the conditions of this
Agreement by technical means of the "MyRef.pro" via its program software interface.