Last date of Update: October 1, 2012
Article 1. Definitions.
Affiliate ID is a unique number that identifies You and the Leads that You generate for us.
Affiliate Members Area is a part of our Website, access to which is restricted to the following persons: Affiliates, employees of PaydayMansion, and business partners (upon permission of PaydayMansion).
Commission is the profit that the Affiliates get for generating good-quality Leads that have passed Lead Verification and have been sold to our Customers. There is no other remuneration for the Affiliates but Commission.
Creative Material includes all graphic, non-graphic, visual and/or textual elements, applications and their combinations delivered to the Affiliates by PaydayMansion.
Data Protection Law is the Processing of Personal Data (Protection of Individuals) Law 138 (I) 2001, an act of the Cypriot law that holds liable all the companies registered under the law of the Republic of Cyprus for personal data protection matters.
Date of Payment is a date on which we release the payment for You for all the Leads You generated, which were later verified, accepted and monetised by us.
Domain is paydaymansion.com. On this domain we provide all the Creative Material we have got and will create for You in the future when this Agreement is in force.
Force Majeure is referred to as ‘force majeure’ and also as ‘vis maior’. Force majeure includes all accidents and occurrences beyond the control of PaydayMansion.
Information about the Affiliate, also referred to as ‘Information about You’, includes all Personally Identifiable Information, Non-Personally Identifiable Information or other types of information (sensitive data) about the Affiliate, that is collected and processed by us.
Information about the Lead, also referred to as ‘Information about Leads’, includes all Personally Identifiable Information, Non-Personally Identifiable Information about the Lead, that is collected and processed by us and You. Information about the Lead is understood as a single record (about one person) and/or databases (records about more than one person).
Invitation is an act in which we invite a new candidate to become an Affiliate.
Invitation Code is an alphanumeric code that we give to a candidate. Having this Invitation Code is a prerequisite to complete the Registration and become an Affiliate.
Invitation Code Generation is an action in which an Invitation Code is generated.
Know-How is all the knowledge that we share with the Affiliates, in a material or non-material form that, along with the Creative Material, describes the nature of our activities and is a protected part of our business model. Access to Know-How may be given to You through all the possible ways of communication (over the phone, by e-mail, communication software, or through the Affiliate Members Area).
Landing Page is an instance of a Creative Material that we give to the Affiliates in order to enhance their Lead generation, or a Creative Material that an Affiliate can design and create on his/her own using other types of Creative Material and our Know-How. There are two types of Landing Pages: Public Sites and Private Sites. In order to be able to create, update and manage Private Sites, we provide access to a module that is a part of our Creative Material.
Last Date of Update is the most recent date on which we introduced amendments to this Agreement.
Lead is a person about whom we and You collect and process information (Personally Identifiable Information, Non-Personally Identifiable Information, and other). Please find a description of this information in the definition: ‘Information about the Lead’ – a person is considered a Lead only when he/she passes the processes of Traffic Verification and Traffic Monetisation.
Notice Period is the time between submitting the Resignation from the Agreement by You or us, and the Termination of the Agreement.
PaydayMansion is a legal entity registered under the Cypriot law (DFEX INVESTMENTS LIMITED, Company No. HE 280711, Avlonos, 1 Maria House, 1075 Nicosia, Cyprus). The very name refers to its employees and also, under special conditions described in this Agreement, business partners, suppliers, and other persons and entities to which we may transfer some of our activities, rights, privileges or obligations; in this Agreement it is referred to as ‘we’, ‘us’, ‘Operator’, ‘Paydaymansion.com’, ‘PaydayMansion’.
Payment Method is a method by which You want the Commission to be transferred to You.
Private Site is a type of Landing Page that is managed by You, and on this Landing Page You install the Creative Material provided by PaydayMansion, implement changes, updates and carry out maintenance.
Promotional Support are all the actions taken by PaydayMansion aimed at supporting the Affiliates during our cooperation.
Public Site is a type of Landing Page that is located on our servers and the responsibilities for its maintenance and updates are up to PaydayMansion.
Registration is an act made on our Website, during which You use Your Invitation Code and You leave information about Yourself (see: ‘Information about the Affiliate’) on the Registration Form, which is then verified by us. After this we send You an activation link to Your e-mail address, which You have to click and activate manually from an account in the Affiliate Members Area.
Registration Form is a form on our Website available to all persons who are given Invitation Codes. The Registration Form enables You to pass the first stages of the Registration.
Subaccount is a unique number that identifies traffic generated by several sources from Your account in the Affiliate Members Area.
Termination of Agreement is a moment in which we and You are no longer bound by the Affiliate Agreement; it comes into effect immediately after You or we, for any reason, send information about ceasing the cooperation.
Traffic Verification is a process in which we verify the quality of traffic that You generated. During Traffic Verification we eliminate traffic that will later not be monetised.
Traffic Monetization is an act during which we sell all the traffic that You generated to our Customers. Traffic Monetisation means that the traffic You generated consists of Leads for which we pay You Commission.
Website, referred to as ‘Website’ or ‘Site’, is all the graphic and non-graphic elements designed by PaydayMansion and uploaded on the Domain and stored on a dedicated server. The Website is the sole property of PaydayMansion.
Article 2. Acceptance of the Affiliate Agreement.
In order to become an Affiliate, acceptance of this Agreement is obligatory. Please remember that the acceptance of this Agreement also means that You entirely accept this Agreement and all the attached documents that are mentioned in articles 14 and 15. You cannot accept some parts of the Affiliate Agreement only, nor can You accept it conditionally, with reservations, or prior limitations of Your liability that might alter, limit, decrease the scope of this Affiliate Agreement, prevent a successful contract enforcement, and/or cause any damages to us.
Without Your acceptance of this Agreement You cannot proceed with the Registration beyond completing the data required in the Registration Form. This means that after completing the Registration Form, we may not verify Your information positively, in which case no activation link will be sent to You to proceed with the further steps of the Registration process.
If You are a minor, a person who obtained an Invitation Code by accident or in an unlawful manner, or was given an Invitation Code from a person who was granted it by us, regardless of the reason, or received it from another unauthorised person, or a person having no legal capacity to accept this Agreement, You have to immediately inform us about this.
We do not knowingly, consciously, and/or purposely come into the Agreement with minors. It is Your obligation to check if You are a minor in Your jurisdiction, which would mean there is no possibility to enter into the Agreement with us. Even if You do not check it beforehand, or You do not know that You ought to check it, the full responsibility for doing so is on Your parents, custodians or other persons having custody of You. On no account are we liable for any damages, no matter of what nature, if You enter into the Agreement despite Your status of a minor. We fully reserve the right to take appropriate measures to seek compensation from You, Your parents, custodians, or other persons who have custody of You. We also reserve the right to contact and inform law enforcement bodies or other state organs. If Your acceptance of the Agreement causes damages to us, we have an unrestricted right to seek compensation.
Article 3. Registration.
You must complete the Registration in order for this Agreement to come into force. Unless You were sent an activation link which You clicked and were thereby redirected to the Affiliate Members Area where You activated Your account manually, the Registration remains incomplete. If You follow these steps, You should see information that Your account was activated, meaning the Registration is complete. Regardless of whether or not this is the case, it is Your task to check if the Registration is complete. The recommended way to check it is to contact PaydayMansion: unless You have an explicit confirmation from us, it is deemed that Your Registration is incomplete. Without having completed the Registration, You are not an Affiliate. We do not take liability for any damages that the delayed Registration may cause. We have the full right to seek indemnity if You delay the Registration.
If You prepare Invitations for other persons to become Affiliates, You are responsible for informing them about the Registration procedures and how the Registration should be done according to our rules and the applicable laws.
The Invitation Code that is required during the Registration should work properly. However, if You suspect that You cannot pass the Registration because the Invitation Code is incorrect, You need to contact us immediately. Our employees will check if the Invitation Code is not working because of our error or a technical problem, or error or technical problem on Your side. If it is our fault, we will send You another Invitation Code as soon as possible.
Article 4. Information about the Affiliate.
During the Registration we may collect information about You. Information about the Affiliate consists of:
- Personally Identifiable Information like name and surname, postal address, e-mail address, and social security number;
- Non-Personally Identifiable Information like age, profession, education;
- other information (see below)
Other information we collect is, inter alia: Your account number or other data necessary to execute payment of the Commission. We also allow the possibility that other information will include Your affiliate number (Affiliate ID or Subaccount if You are invited by our Affiliate). When using our Private Sites module, which gives You the ability to generate Your own Landing Pages on Your hosting account, we may ask You to provide us with information that gives us access to those hosting accounts if You want us to install them automatically with our system.
We guarantee security and safety of Information about the Affiliate using widely accepted Internet security standards and security standards for servers. We have our own infrastructure for storing Information about the Affiliate, and we ensure safety and security of this information according to the Data Protection Law. However, we reserve the right to store it on devices of third parties (servers, hard drives and devices of other sorts). If a third party is an entity registered under the Cypriot law, data protection is provided following the provisions of the Data Protection Law. If a third party is a company registered under the laws of another jurisdiction, it is obliged to provide security according to the data protection laws of this jurisdiction. Without any restriction, You grant us Your consent as to the ways we collect and process Information about You. Information about You is processed even if this Agreement is not in force, including the Notice Period and the time after the Termination of the Agreement.
You have the right to amend, update, or delete Information about You from our records, after the Termination of the Agreement. We reserve the right to deny Your request in this matter if any applicable law holds us liable for the storage of Information about You under some conditions. We may also deny Your request if we were informed about legal, penal or administrative proceedings against You; and the applicable law forces us to keep Information about You till these proceedings are completed. We have the full right to keep Information about You if we are preparing legal action against You in order to seek indemnity, redress, recovery of our property, or other financial or non-financial satisfaction to our claims.
Article 5. Information about the Lead
In cooperation with us, You will collect and process Information about Leads. In order to do so, we will provide You with an access to the Affiliate Members Area, Creative Material, and Know-How. By collecting Information about Leads, You accept the fact that after its collection You have to send it to us by way of technical means we provide, after which this Information about Leads will undergo Traffic Verification and Traffic Monetisation. These actions allow us to verify how many Leads You generated and what Commission we are due to pay You.
Information about the Lead must conform to our rules and guidelines. In some cases, however, Information about Leads may have to meet the criteria stipulated by our Customers. We will always inform You beforehand if our Customers request Information about Leads in a form differing from our standards.
You are solely responsible for the collection and processing of Information about Leads until it is collected, processed and stored on our servers, hard drives, and other devices enabling data storage.
In some cases You may be asked only to install our Creative Material on the Landing Pages You are managing, from where this Creative Material is loaded, directly from our servers. In such a case You do not have any access to Information about Leads. You are responsible for the proper installation of the Creative Material given. You are not permitted to gain access to Information about Leads in such a case. Even if You gain it by mistake, error, omission or malfunction of the Creative Material, You are obliged to inform us about this so that we can resolve the problem.
You are responsible for following all the applicable laws in Your country concerning personal data protection and processing, regardless of whether these laws are made on the national level (United Kingdom, or any other unitary jurisdictions), or federal and state level (the United States, Canada and other non-unitary jurisdictions). Also, You bear the responsibility for following all the non-legal documents (codes of conduct, ethical codes, or other documents accepted in respective industries as binding). We may hold You responsible for Your failing to observe these non-legal documents. In the case it causes us any direct or indirect damage, we reserve the right to seek indemnity from You.
As long as Information about the Lead is in Your custody and You store it on devices (servers, hard drives), You are obliged to follow all the applicable data protection laws.
Information about Leads shall be transferred only between the Affiliates and PaydayMansion. However, in the case when You are permitted to collect and process Information about Leads on Your own, You can transfer and monetise Leads with other affiliate programmes or other companies. Therefore, until Information about the Lead is sold to us, You can sell it to anyone who is able to purchase it. However, if You sell Information about Leads to us, You are no longer permitted to offer it to other companies. We do not bear the responsibility for personal data protection during Your transactions with other companies.
In all other cases, on no account are You permitted to disclose Information about Leads to any other person, company, or organisation, but PaydayMansion. Information about the Lead can be transferred to us only with the software and by the methods that we allow You to use. Should You transfer Information about Leads to an entity other than PaydayMansion, by way of renting, providing access to, selling, leasing, lending, or any other action that may infringe our exclusive rights to receive Information about the Lead, we will take all the appropriate measures, including legal and administrative ones, to seek indemnity from You. You are solely liable for any damage Your action may cause to persons whose personal data are collected and become Information about the Lead that is in Your custody. After sending us Information about Leads, we ensure its security within the scope of the Data Protection Law. However, it does not exclude Your liability for the protection of Information about Leads if it still is on devices within Your possession.
You are responsible for full compliance with our guidelines and procedures regarding the Information about Leads. We may send You these guidelines and procedures as one document (in .html, .pdf, .doc, .docx, .odt or other format), that is later updated or changed with new messages from us (newsletters or other messages).
Article 6. Creative Material, its disposal, use and return, allowances and restrictions.
We provide our Affiliates with the Creative Material. You always have to use the Creative Material according to our guidelines, within our schedule. Along with the Creative Material we will advise You on how to use it and inform You of the schedule related to the use of the Creative Material. We will grant You access to the types of Creative Materials to which access is limited and protected by login and password. You are responsible for protecting Your login and password to these types of Creative Materials, and if You fail to do so, You will be responsible for an accidental, unlawful or unauthorised use of this Creative Material.
Some types of Creative Materials may need further graphic processing. You will do this with the permitted applications that may belong to Creative Materials or other applications available on the market. We may also instruct You to change, supplement, correct, update or alter the source code of some Creative Materials. You must contact us immediately if these instructions do not seem to be correct, complete, logical, understandable or legible.
You are allowed to store the Creative Material on hard drives, servers or mobile devices that are Your sole property, if it is required to:
- install the Creative Material on the hard drive or server,
- check if it functions properly on Your mobile device (applicable to: Payday Mobile Application or other mobile applications).
Entering into this Agreement means that You accept that we hold exclusive and unlimited property rights to the Creative Material. Our property rights are protected by the applicable laws concerning, but not limited to, copyrights. We reserve all rights to seek indemnity from You if You infringe our rights to the Creative Material.
There are no exceptions to the rules stipulated in this article, particularly our property rights, regardless of whether the Creative Material is installed, placed or transferred to Your or our domains and hosting, or if You install, use, and store the Creative Material on Your hard drives, mobile devices, servers, or other devices enabling data storage that are Your property.
Article 7. Reporting.
When using some of our Creative Materials or applications that are in the sole possession of PaydayMansion, reports are created. These reports contain Information about Leads, results of Traffic Verification, information about performance indicators, information about the Commission that we are due to pay, or other information. You will be receiving these reports from us on a regular basis, or irregularly, depending on the needs. PaydayMansion does its best to provide reports with data of full relevance. However, in some cases, mistakes or errors may occur, so we cannot give You a 100% guarantee that information in these reports will always be correct, complete or unaltered.
If You notice any errors or mistakes in the reports, or You did not receive a report that should have been sent to You, please contact PaydayMansion immediately, so that we can correct or supplement it, and send You once again.
Reports are only for Your information. You are not allowed to disclose information from these reports in part, or in entirety, to third persons. You are obliged to store these reports in conditions that prevent their disclosure to third persons. Should You fail to do so, we hold You liable for any damages it may cause us, and we reserve the right to take all the appropriate legal or other measures against You.
Article 8. Traffic Verification and Traffic Monetisation.
You accept the fact that not all Information about Leads will be monetised and converted into Commission. After collecting Information about Leads, You send it to PaydayMansion for further Traffic Verification. Traffic Verification is commenced in order to verify which Information about Leads can later be monetised. Information about Leads that is valid must contain information about the persons interested in the purchase of products or services that are currently marketed by PaydayMansion in cooperation with the Affiliates, so that we can sell it to our Customers. During Traffic Verification we check if:
- Information about Leads is correct;
- Information about Leads is complete;
- Information about Leads was not automatically generated by a software application aimed at generating fake information;
- Information about Leads was not generated, or in any way seized from Information about Leads that You or other Affiliates previously collected (meaning that Information about Leads You provided contains records about persons who have already left us information about them and You use them to generate duplicated Information about Leads);
- Information about Leads meets the requirements of our Customers;
- Information about Leads is collected within the applicable law, and with the explicit consent of persons whose data become Information about Leads.
In some circumstances we may not be able to check all these conditions that allow or disallow further processing of Information about Leads. We may also be unable to check if Information about Leads was not stolen from other databases (in possession of third persons, be it individuals or companies), or seized in another way, meaning that its source is in any form illegal and/or breaches this Agreement.
Traffic Verification will show how many records from Information about Leads are valid and how many are invalid. We will inform You about this in relevant reports. After Traffic Verification we send offers to our Customers for Traffic Monetisation. If they accept the offer and Leads are monetised, we further inform You about this including information about the Commission due.
We reserve the right to commence Traffic Verification once again, regardless of who initiates it (we or our Customer), if we suspect that the first attempt at verification failed to rule out the invalid leads.
You are obliged not to disturb our actions during Traffic Verification and Traffic Monetisation. You will not take any action that will prevent or delay Traffic Verification and Traffic Monetisation, no matter if You cause it in person or employ devices or applications that will have the same harmful effect. We hold You fully liable for any damages that Your misconduct in this matter will cause. This means that we may take the appropriate (legal or other) measures to seek compensation from You in such an occurrence.
Should You have any complaints concerning Traffic Verification and Traffic Monetisation, You should contact us immediately. We will consider Your complaint without delay if it does not require an in-depth investigation engaging our team and resources. If Your complaint is groundless, we reserve the right to seek refund, indemnity, or other form of redress from You should we incur additional costs and/or damages because of our handling of Your complaint.
Article 9. Landing Pages.
You will be provided with ready and complete Landing Pages that will generate traffic and help You collect Information about Leads. However, You might also want to design and launch Landing Pages using our Creative Materials and Know-How. You will use the Creative Material and Know-How according to our guidelines and suggestions and always within the scope of this Agreement. Landing Pages will be uploaded on our domains as well as hosting (Public Sites). However, we may ask You to do so using Your domains and hosting (Private Sites). You will be provided with CMS application, a Creative Material that will enable You to change, update, or correct some elements of private Landing Pages You will be managing (management of subpages, tags, metatags, and other). In the case of public Landing Pages, the PaydayMansion team will be responsible for any changes to the Landing Pages under its control.
You are responsible for managing the Landing Pages in a way that ensures compliance with this Agreement and our guidelines, which we will give You after Your entering into the Agreement. It is Your responsibility to observe all the required data protection clauses, which will ensure You collect Information about Leads according to the applicable laws.
In the case of Private Sites, You are allowed to modify their design, layout and contents. However, You are not allowed to implement any changes to the Landing Pages or to the Creative Material that is used in relation to the Landing Pages that breach any provisions of this Agreement and are against our guidelines. We are not responsible for Your errors, mistakes, omissions or any other actions leading to the malfunction of the Landing Pages or their non-compliance with the applicable laws. You must contact us immediately if the Landing Page or any Creative Material needed to ensure its functionality and full capacity does not work properly. You are not allowed to use Private Sites for any purpose beyond the provisions of this contract, especially for cooperation with other affiliate programmes. Without any limitations and/or exclusions, You are not allowed to install on Private Sites a source code to load contact forms of other affiliate programmes, nor are You allowed to commence any action that will result in using Private Sites for cooperation with our competitors.
Article 10. Calculation of the Commission.
We calculate and pay You Commission for Leads that You generate for us, after a successful Traffic Verification and Traffic Monetisation. Commission due comprises of:
- commission is 90% when You use the Leads that You generated using the Creative Material (Landing Pages, Payday Mobile Application or other Creative Materials) and other methods of promotion allowed by PaydayMansion that enable collection of Leads for which our Customers pay all the required fees to us;
- for Leads that are generated by the Affiliates whom You invited to join PaydayMansion, commission is 5% of the earnings of the Affiliate whom You invited to our programme.
We use specific technical means to track all the Leads that give You the right to get Commission: this is done using Transaction Tracking Codes which connect the monetised quotations from the Leads with Your Affiliate ID or Subaccount. The Commission due is regularly reported to You (see article: ‘Reporting’).
We reserve the right to delay payment of and/or decrease Your Commission if:
- we discover that some Leads You provided recently are invalid, but we could not check it at the time;
- You collect Information about Leads in a way which is forbidden (by sending spams and collecting Information about Leads in a way that infringes the rights of individuals to give consent to receiving offers by email or any other methods of communication which involves collection of their personally identifiable information);
- we do not receive payments from our Customers for Information about Leads that You collected;
- we receive from our Customers requests for a refund a few days after we sell them Information about Leads, and the Customers supply us with incorrect or incomplete information.
We reserve the right not to pay You Commission if You persistently breach this Agreement, inter alia: collect Information about Leads using forbidden methods or break guidelines and rules of usage of our Creative Material and Know-How. We may also keep Your Commission and refuse to pay it if You persistently break the applicable laws. We may keep Your Commission as an advance on compensation if You cause us losses or damages. This does not limit our rights to seek further compensation using legal measures. We do not take responsibility if Your misconduct, mistake, omission, negligence, or inattention leads to problems that make us unable to track all the Leads generated by You (Your Affiliate ID, or Subaccount) and to properly calculate Your Commission.
We reserve the right to change the agreed rate of Commission with all the Affiliates or with some Affiliates individually for reasons that are in our sole discretion.
Article 11. Payment Conditions.
We promise to pay You the whole Commission due. However, in order to do so, we require from You an explicit decision as to what type of payment You prefer. We will inform You what types of payments we offer. They may include cheque payment, bank transfer, or transfer using other methods, such as EPESE, Wire, WebMoney, or some other. You accept a decrease in Your Commission as a result of deducting all the fees applicable to You as a recipient of payment.
Commission is paid to You on every 1st and 16th day of the month. However, we reserve the right to delay payment and pay You Commission:
- on condition that the Commission due reaches some minimum amount;
- only after our Customer pays for the Leads You generated;
- only after another Traffic Verification of Information about Leads You collected, when we or our Customer suspect or have a proof that the Leads You provided or the way You collected them infringe the provisions of this Agreement or violate the specific provisions of the applicable laws.
It may happen that certain payment methods will involve charging You or us with additional fees making this payment method non-economical. You may ask us to pay You Commission on request if our cooperation with You develops and Your earnings, expressed as Commission, reach a certain weekly amount specified by us. The available payment methods and Payment Conditions may be changed by us in our sole discretion.
Between the days when the payments of Commission are released, all the payments are put on hold. This means that if any payment is not made on the first allowed Date of Payment, it can be made no sooner than the second allowed Date of Payment: if not on the 1st day of the month, it can be released only on the 16th day of month; or if not on the 16th day of the month, it will be released on the 1st day of the next month.
Some payment methods require a minimum amount and the Commission will not be paid to You until it reaches this minimum amount, but no sooner than on the first upcoming date of payment (1st or 16th day of the month).
If the payment is declined, You should contact us without delay so that we can react immediately and ascertain what the nature of the problem is. You must provide us with the complete and correct information in order to process the payments of Commission. If You fail to do so, we do not take responsibility for delayed payments. If the Commission reaches the wrong account due to Your mistake, error, omission or negligence, we will not release payment once again, and all actions to recover the Commission from the account to which it was sent can be done only by You. We do not take responsibility for the Commission which does not reach You as a result of technical problems or slow proceedings of the postal service, banks or companies that operate systems like WebMoney WireMoney or any other. We may seek to ascertain why these service providers delay their operations; if they are encountering a global problem, however, we may not be able to check Your particular case. So, if the delayed or declined payment is not our fault, it is Your obligation to check the reason for it. All complaints in such cases should be sent to the postal service company, bank or the company that operates the payment system.
If Your Commission is subject to personal income tax law or other tax laws in Your jurisdiction, it is Your responsibility to declare Commission as an income and pay all the required taxes, as per the applicable laws.
Article 12. Indemnity.
In this Agreement we described all the possible areas of cooperation with You, and we reserved our rights for indemnity. This does not mean that we have foreseen all the situations and actions You may take that may cause us damages or losses of any kind. We will not refrain from any legal or other action against You if Your actions cause PaydayMansion to incur losses and/or damages, on purpose or unintentionally, consciously or unconsciously, on Your own, or under the influence of third persons. Indemnity we may request is not limited, but it may be limited by the applicable laws.
We will particularly seek indemnity from You if You:
- infringe our exclusive and unlimited property rights to Creative Materials, Know-How, and Information about Leads;
- lead us to wrongful or unlawful actions;
- give us misleading information that causes losses or damages to us or to other persons, for which we may bear legal or financial consequences;
- circumvent any provision of this Agreement in any way.
Indemnities we will try to obtain from You in such cases are not limited; however, they must fit within the limits stipulated by the applicable laws.
Article 13. Non-Competition Clause.
We allow You to cooperate with other affiliate programmes, but under no circumstances can You:
- directly contact our Customers to sell them Information about Leads or to send them offers related to the sales of Information about Leads or any other information that You have collected on Your own, not within the scope of this Agreement;
- develop and run Your own affiliate programme/s during Your cooperation with us; according to this Agreement, You also cannot use our Creative Material, Know-How or any other tangible or intangible assets of PaydayMansion for this purpose;
- provide access to our Creative Material and Know-How to other affiliate programmes, regardless of whether or not it causes any damage;
- send offers of cooperation to other affiliate programmes;
- share information from the Affiliate Members Area with any other affiliate programmes, regardless of the form of sharing this restricted information.
We may agree to Your cooperation as an affiliate with affiliate programmes that act on markets that are of no interest to us. However, if this Agreement is in force, You have to first consult us about such a cooperation.
We reserve the right to seek indemnity, recovery of our property or other forms of redress if You breach any of the provisions of this article. If we suspect and/or have a proof that You have breached the Agreement in the scope of this article, we will take all the appropriate measures against You, including legal and administrative proceedings.
Article 16. Compliance with the Applicable Laws.
We are a company registered under the Cypriot law, and we are obliged to follow the provisions of the applicable Cypriot laws that regulate our activities. In Your activities You are responsible for a full compliance with the laws applicable to Your jurisdiction (regarding e-commerce, personal data protection, tax regulations, protection of minors, or other legal issues). We may not be able to provide You with any information about the laws applicable to our cooperation with You within the scope of this Agreement. It is Your responsibility to become familiar with and follow these laws.
If You fail to comply with the applicable laws, we may give You a warning. However, our knowledge of law in Your jurisdiction may be limited or incomplete. Therefore, if we suspect or are informed by other persons that You do not follow the applicable laws, we may, without a warning, block Your access to the Affiliate Members Area, request You to return all the Creative Material to us and all Information about Leads that You generated up to that moment. We reserve the right to take all measures, legal or of another sort, if we sustain any damages due to Your non-compliance with the applicable laws.
Article 17. Liability Limitations.
We are liable for the functioning of the Website, Creative Material, and the whole infrastructure and applications that are the property of PaydayMansion. We do our best to provide You with a full access to them. We employ persons with broad and proven technical knowledge of IT, including hardware and software, Internet security and safety standards, mobile and online marketing, and data protection law. We are responsible for the maintenance of our infrastructure. However, there are some actions and occurrences that are beyond our control, such as: the functioning of Internet connections, viral activity, spyware activity, activity of spammers, activities of administrative organs, or other entities that may hinder our ability to act in accordance with this Agreement. We will act without any further delay to ensure that our Creative Material, Website, or other materials infrastructure work without difficulties. We, however, will not be held liable for any damages caused to You by the factors beyond our control. Neither can we be held liable for any damages You sustain during maintenance works commenced by us, which are effected in order to restore the full capacity of our Website, or to protect it from viral or other harmful activity, or to update the Website, the Creative Material, infrastructure or applications.
Article 18. Force Majeure.
There are some accidents that are beyond Your and our control or beyond human control in general, and no planning, forecasting, or any other measures or actions may prevent them. These accidents may cause losses or damages to You and us. We do not take liability for any delayed action, loss, or damage caused by:
- natural disasters (floods, avalanches, fire, solar storms);
- construction disasters;
- technical failure of electricity systems;
- car crashes;
- plane crashes;
- terrorist attacks;
- martial law;
- political and economic crises;
- wars, uprisings, or other violent activities;
- coup d’état,
- other acts of God.
If such events happen, we will endeavour to act in order to minimise Your losses and damages. However, we cannot guarantee we will be able to do so. Or, even if we do so, we cannot guarantee that You will not sustain any losses or damages, or that they will be minimised.
Article 19. Confidentiality Rules.
We hold You liable for following the confidentiality rules described in this article. Under the provisions of this article You are obliged to keep in secrecy:
- all information about our Creative Material and Know-How;
- all information and details of our marketing campaigns;
- all information about any technical problems that we may encounter.
Article 20. Resignation and Termination of the Agreement.
We and/or You hold the right to withdraw from the Agreement without giving a particular reason. In order to do so, we and/or You can tender the Resignation from the Agreement. The Resignation from the Agreement should contain Your personal details, name, surname, e-mail address, telephone number, residence address, and also Affiliate ID, and/or other details requested by us.
Your Resignation from the Agreement does not mean that all persons who became our Affiliates by Your Invitation with an Invitation Code obtained from You, also have to tender the Resignation from the Agreement. Your Resignation from the Agreement does not mean that the cooperation between us and the Affiliates You invited to join PaydayMansion is discontinued.
Termination of the Agreement is the date on which our cooperation with You is ceased with an immediate effect and without time-limit.
During the Notice Period we may ask You to do some actions within the scope of this Agreement in order to continue our cooperation with You or to cease the cooperation without any damages, delays or errors in our business processes. During this time we may also require You to return all the remaining Creative Materials, Information about Leads, or other materials we provided You with, or we may request You delete them from Your hard drives, servers, mobile devices or other devices.
On the date when Termination of the Agreement comes into force, You must, without any pre-conditions, limitations or exclusions, return to us all the Creative Material, and other materials. If this is not possible by technical means, or the return does not protect our property rights, we may ask You to delete these materials from Your hard drives, servers, mobile devices, or other devices enabling storage of data. We require You to have all the Creative Material and other materials deleted not later than the date of the Termination of the Agreement.
We reserve the right to cease our cooperation with You without the Notice Period if we believe, suspect or have a proof that You:
- persistently breach the provisions of this Agreement;
- do not follow our rules, guidelines and suggestions;
- do not use the Creative Material and Know-How in compliance with this Agreement;
- abuse our property rights to the Creative Material and Know-How;
- infringe the applicable laws.
We reserve the right to seek compensation or other form of redress from You if any claims arise after the Resignation from the Agreement, within the Notice Period or after Termination of the Agreement.
Article 21. Amendments.
We reserve the right to implement amendments to this Agreement at any time and following the changes of the applicable laws, in our business environment or in our business model. However, premises for amendments to this contract are not limited to these circumstances. The current version of the Agreement is always marked by the Last Date of Update. After we make any amendment to the Affiliate Agreement, You will be notified of this by a message that will appear during Your very next login to the Affiliate Members Area. You will be asked to accept the amendments made by clicking the right button on the message box. Your non-acceptance of the Agreement may result in no access to Your account in the Affiliate Members Area.
We may, however, inform You about the amendments to this Agreement by the following communication methods: email, newsletter, or other types of messages, sent to Your e-mail address, Your account in the Affiliate Members Area, or if possible, to Your mobile device. We reserve the right to choose which of these methods will be employed to inform You about the amendments to the Agreement. We do not guarantee that we will inform You about the amendments in all circumstances, neither do we guarantee that the messages with amendment notification will reach You. It is Your obligation to review our Website and check if any amendments to the Agreement have been made. You can check this by finding the Last Date of Update. In this way we will not highlight the text that was added, changed, or deleted. This always means that You have to read the whole Affiliate Agreement to see what amendments have been made.
However, if You inform us about Your non-acceptance of the Agreement within the allowed, abovementioned time, You can tender the Resignation from the Agreement. The rules included in the article ‘Resignation and Termination of the Agreement’ apply in this case.
Article 22. Observance of Agreement.
Both sides to this Agreement, we and You, declare to observe this contract and act in accordance with it in good faith, only within the scope of this Agreement, following all the applicable laws and maintaining proper communication. If any conflict arises, we and You will use negotiations as a first instance for resolution.
Article 23. Litigation and Competent Court.
In the case of any issue that is not resolved with the use of non-legal measures, a competent court for legal proceedings is a court in Cyprus: Nicosia District Court, Charalambos Mouskos Street, 1405 - Nicosia, Cyprus.