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Affiliate Agreement

Last Modified April 22, 2022

1. INTRODUCTION

This agreement describes the terms and conditions for participation in the PDFLiner affiliate program.

The Agreement is concluded between PDFLiner (hereinafter referred to as “Company, we, our, us”), and an individual or legal entity (except for stateless persons and individuals, who has not reached the age of 18 years) (hereinafter referred to as “the Affiliate, Referral Partner, you, your”), together to be referred to as “the Parties” and each respectively to be referred to as “the Party”

The agreement is deemed to have been concluded as soon as the check box is ticked: "You confirm your agreement with the terms of the Affiliate agreement" as well as after creating the affiliate account via https://pdfliner.firstpromoter.com/ website.

By taking part in the affiliate program, you  demonstrate your full acceptance and agreement with all terms and conditions of this agreement. If the agreement is not quite acceptable to you, you shall immediately cease to use the affiliate program.

2. DEFINITIONS

Customer” – shall be an individual person or legal entity who on the basis of a particular agreement with the Company purchased PDFLiner product.

Affiliate, Referral Partner” – shall be an individual person or legal entity, registered at pdfliner.com service and using the affiliate link, having rights, and obligations, in accordance with this 

Agreement and other agreements between the Company.

Affiliate Program, Referral  Program” – shall be a set of program and marketing components, with the help of which the fulfillment of the obligations of the Referral Partner under the Agreement is fixed and the further payment of remuneration to the Referral Partner is made.

3. GENERAL PROVISIONS

Under this Agreement the Affiliate in his own name, at own expense, but in the interest of the Company shall perform actions, aimed at the customer searching and acquisition for the further services rendering by the Company, and the Company shall be obliged to pay the Affiliate bonus in the amount and in accordance with the procedure specified in this Agreement.

The Affiliate uses a special affiliate link to customer engagement. When the user follows the affiliate link, cookies are assigned to him. The cookies are valid within 60 (sixty) days.

  • The Customer is considered as referred by the affiliate in the following cases:

  • the Customer follows the affiliate link and logs in on the Company website;

  • the Customer creates a PDFLiner account within 60 (sixty) days after following the affiliate link;

  • the Customer logs in on the Company website within 60 (sixty) days after registering in on the Company website.

The Affiliate shall not be an owner and/or service provider but only shall perform the mediation function of agent between the Company, the service provider, and Customers.

This Agreement under no circumstances shall represent a joint venture and/or relationship between the employer and employee. Affiliate can perform activity and represent itself in the relations with the third parties only as the Affiliate of the Company and in no circumstances as someone else.

Participation of the Affiliate in the Affiliate Program shall be free of charge.

The Company shall constantly develop and improve the Services of its Affiliate Program. In this context, the Company shall reserve a right to completely or partially cease rendering one of the services, if it is required because of the preventive measures, improvement of the service functions, or change of the rendered service.

4. THE RIGHTS AND OBLIGATIONS OF THE PARTIES

The Obligations of the Affiliate:

  • The Affiliate shall be obliged to ensure the compliance of the business being conducted with the legislation of the country of residence.
  • In case when the third parties file claims to the Company related to the Affiliate’s activity, the Affiliate shall be obliged to settle all claims of such parties on his own.
  • The Affiliate shall be obliged to keep strictly its own data (login and password) for the access to the personal account in FirstPromoter website (https://pdfliner.firstpromoter.com/), PDFLiner (https://pdfliner.com/) and to create required conditions to protect this information.
  • In case of finding situations or people violating lawful rights or carrying out business in order to do harm to the interests of the Company, the Affiliate shall immediately notify the Company thereof and provide possible assistance to protect the right Company.
  • A referral partner cannot be a client under the referral program as well as its close relatives. The Company shall have a right not to pay the Affiliate a number of the bonuses payable in the case of violation of this clause.
  • The Affiliate shall be obliged not to take any actions having effect on the work of the Affiliate Program. Such actions shall be understood to mean efforts to have a technical effect on the working capacity of Company servers, the efforts to crack defense mechanisms, to use software viruses, Trojan horse, other malicious programs for any own purposes whatsoever, to use brute force attacks, DoS (DDoS) attacks, unsolicited promotional emails, links, and any other processes.
  • The Affiliate shall be obliged to act in good faith and exclusively in the interests of the Company, and under no circumstances shall not violate the obligations imposed on him by this Agreement.

The Affiliate shall be prohibited:

  • To perform activity, which conflicts with the legislation of the country of the Affiliate residence, as well as with the legislation of the Company country.
  • To use an affiliate link in paid-for advertisements or advertisements for any other kinds of reward.
  • To use 'self-reference', in other words, to pay for the own account by own affiliate link, or to create several accounts, affiliating secondary account(-s) with the primary one, with the primary objective to obtain recovery of expenses. You also have no right to make a payment by affiliate link from one IP address or using one web browser. In this case, remuneration will not be accrued.
  • To send out the affiliate link by means of unsolicited promotional email (including spam delivery, publication of spam on the forums and communities etc.).
  • To distribute affiliate link by means of coupon aggregator websites. In such cases, all affiliate remuneration will be annulled, and the user account will be blocked.
  • To use incentivized traffic, that is, to attract users with the condition that they must subscribe and, after a certain period, request a refund.
  • To use and show irrelevant, nonobjective, and wrong information, referring to or mentioning the Company. This includes true data on the urgent marketing proposals (campaigns, offers). The irrelevant or false data can be a basis to suspend the cooperation with the Affiliate.
  • To perform actions, which can do harm to the existing image of the service of the Company, reduce the level of trust to the Company, or misinform potential Customers regarding the activity of the Company.
  • To perform actions, which can cause occurrence of any obligations of the Company to the third parties, not being Customers of the Company.
  • The Affiliate shall have no right to place advertising on the websites which contain information violating human rights, promoting violence, racial discrimination, drugs, slave trading, containing materials with sexual content.

The Company shall be obliged:

  • To pay remuneration to the Affiliate in the time and manner provided by the conditions of this Agreement.
  • To provide the Affiliate with the instructions and recommendations related to the performance of obligations, being the subject of this Agreement.
  • To perform other obligations stipulated by this Agreement.

The Company shall have a right:

  • To control the activity of the Affiliate with regard to the performance of its affiliate functions, stipulated by this Agreement.
  • To terminate this Agreement unilaterally, in the case of violation or failure to perform the conditions of this Agreement by the Affiliate, as well as in the cases as follows:
    • Application of a kind of advertisement, which makes possible the registration of the paid action, but makes a visitor to do these actions by means of fraud, extortion attempt, or any other actions, violating freedom of choice.
    • Application of motivated traffic and payment-refund schemes for a subscription.
    • Actions of the Affiliate, having a negative impact on the business image and goodwill of the Company.
  • In the case of violation of the conditions of this Agreement by the Affiliate, to block an account of the Affiliate with the full amount of bonuses earned.
  • The Company shall have other rights, provided by the provisions of this Agreement and the applicable legislation.

5. DETERMINATION OF REMUNERATION AND PAYMENT 

The Company shall pay to the Referral Partner the remuneration, the amount of which is determined in this Agreement.

Apart from adequate remuneration, the Referral Partner shall not be entitled to reimbursement of expenses incurred for the use of third-party services, programs or services, even if these expenses were connected with the activity of search and attraction of Clients within the referral program.

A referral partner has the right to receive a remuneration if the following conditions are met: 

  • As a result of the Referral Partner's activities under the referral program, a transaction was concluded between the Company and the referred Client;
  • A deal was brought to the complete financial settlement with the Company and confirmed by the Affiliate Program software.
  • The Affiliate did not violate the conditions of this Agreement.

A remuneration shall be paid out, using the banking details of the Affiliate by transferring amounts to the PayPal account of the Affiliate within the time limits prescribed by this Agreement, after the confirmation by the Company of the remuneration calculation. The minimum amount for the bonus withdrawal is 100 (one hundred) US dollars.

The payment shall be considered to be made, and the obligations of the Company related to the payment of bonus to the Affiliate to be performed after debiting (the amount of remuneration) from the current account of the Company.

Payments related to the affiliate link of the Affiliate shall be made during all the time of activity of the Customer acquired. Each payment during all time (including recurring ones), when the Customer uses PDFLiner products, will bring the Affiliate a remuneration in the relevant amount.

This payment cannot be recurring, that means the Affiliate can’t use his bonus account to auto-renew subscriptions.

There shall be no interests accrued to the amount of bonus on the account of the Affiliate in the Affiliate Program, regardless of the payout period.

The payment shall be made only in US dollars. The currency exchange is impossible within the system.

6. AFFILIATE FEE AMOUNT

Subject to the terms of this Agreement, the Company shall pay the Affiliate remuneration  in the following amount:

  • 40% for the first –°ustomer payments
  • 20% for the recurring –°ustomer payments

The remuneration is accrued in the referral partner’s account immediately after payment by the attracted Client. Partner statistics also change immediately.

The remuneration cannot be charged for the payments which were refunded or disputed by the Customer. If by any reason the refund or dispute was made after any period from the payment, the remuneration will be debited from the affiliate's account.

The fee is paid at the request of the Referral Partner once a month through PayPal. You can request the payout upon reaching a minimum threshold of $100. If your balance is below the minimum threshold amount, it is carried over to the following month, up till the minimum threshold is met.

In some cases, depending on the location and status of the referral partner  (natural person, entrepreneur or legal entity), we can withhold VAT from the referral partner’s remuneration. In case the payment to the referral partner is subject to VAT, the minimum threshold for requesting payments is $ 120 including VAT.

7. CONFIDENTIALITY

The Rules of Confidentiality of PDFLiner Affiliate Program do not conflict with and completely correspond to PDFLiner Privacy Policy.

8. RESPONSIBILITY AND RESPONSIBILITY RESTRICTION

The Company is not responsible for technical shortcomings, failures, technical features and changes of algorithms and actions, decisions of owners or administrators of search engines, programs, and systems, services, services on the Internet, including the site https://pdfliner.firstpromoter.com/,  as well as the Internet and telecommunication systems themselves, communication systems that may be used during the Referral Partner’s performance of its obligations under the Agreement, as well as for any breaches of such obligations, arising out of these circumstances.

As for the rest, the Company shall be responsible for:

  • The intended actions or grievous dereliction of duty of its legal representatives or leading officials.
  • In the case of violation of essential obligations of the Agreement, which make it possible to perform this Agreement and on the performance of which the other Party confidently constantly relies, the compensation of actual damage, which will be determined by the participants or by the court decision.

9. PERIOD OF VALIDITY OF THIS AGREEMENT

This Agreement shall be concluded for an indefinite period. The Affiliate can terminate this Agreement, having deactivated account, having written a letter to the customer service at partners@pdfliner.com or by removing the account (personal account) placed on the website https://pdfliner.firstpromoter.com/.

If the Affiliate has an amount of bonuses unpaid on the account, it will be paid out to the account previously mentioned in the personal account in the next period of payment.

All deals completed prior to the termination of the Agreement will be processed according to the normal procedure.

10. FINAL PROVISIONS

The Company shall reserve a right to change less important provisions of this Agreement with no reason given and at any time if these changes do not influence the general provisions of this Agreement. Notification of the changes shall be sent via email at least 5 (five) business days prior to the coming into effect.

If the Affiliate has nothing against the changes in writing during 5 (five) business days from the date of their delivery to its email, the changes will come into force for him.

If the Referral Partner objects to the changes, then the Agreement shall be deemed to have been terminated from the moment of receipt by the Company of the corresponding objection in writing. 

In the event that it is not possible to resolve disputes and/or disagreements between the Parties arising from or in connection with the Agreement by negotiation, Such disputes are subject to review and final resolution under the Expedited Arbitration Procedure under the Arbitration Rules by the Arbitration Institute of the Stockholm Chamber of Commerce.

If individual provisions of this Agreement completely or partially are null and void, the validity of the other provisions will remain in force. The provisions, which became invalid, shall be deemed to be replaced with another one, the closest in meaning and designation. This shall be true for potential omitted provisions of this Agreement.

This Agreement can be terminated on the initiative of the Company unilaterally, in a case of violation by the Affiliate of the obligations, mentioned in this Agreement. The Agreement shall be deemed to be terminated according to the circumstances, mentioned in this clause, upon the expiration of 24 hours after the sending email with the notice of termination to the email account of the Affiliate, the fact of receipt and reading by the Affiliate of the notice of termination of the Agreement in this case is of no importance.

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