1. 1. Partners
1.1. This Partnership Agreement is conluded by and between PIF company Kosianchuk Volodymyr, legal person of which is located at Zabolotnoho 32 street, apt.49, Kyiv operating on behalf of FLATRIS and physical or legal person (except for individuals without citixenship or those who has not attained 18 years old) ( hereinafter referred to as "Partner"). Collectively "Parties" and sepaately from each other "Party" in question concluded the present Agreement ( (hereinafter referred to as "Agreement").
1.2. This Agreement shall enter into force as soon as it has been read or signed by the Parties or as soon as "Accept" button has been pressed.
2. YOUR ACCEPTANCE AND CONSENT WITH THE CONDITIONS IN QUESTION IS AN OBLIGATORY REQUIREMENT. Participating in the Partnership program of the company, you express your acknowledgement and acceptance of the terms of the Agreement. In case this Agreement is not acceptable for you, (Party)and you (as a Party) should immediatly stop the participating in the program in question.
3. Terminology
3.1. Client - physical or legal person, who, based on certain agreements with the Company, purchased a product or service.
3.2. Partner - physical or legal person, registered on Flatris.com.ua, holder of rights and obligations according to this Agreement and any other agreements between them and Company.
3.3. Partnership program - set of software and marketing components, whereby the fixation of the realized product/service and further payment to the Partner are made.
4. General provisions
4.1. According to the present Agreement, Partner on his behalf, at his own expence but in the interest of the Company, commits the acts directed towards searching and attracting new Clients, with a view to provide the services by the Company. Company undertakes to remunerate Partner at such rate and in such procedure as stipulated in the present Agreement.
4.2. Partner is not the owner and/or service provider, but serves a mediating role between the Company, service provider, and Clients.
4.3. Under no circumstances does this Agreement represents a joint venture and/or employer-employee relationship. Partner may operate and present himself solely as the Company's Partner and in no other way.
4.4. Participation in the program is free of charge.
4.5. Company constantly develops and improves the services of the Partnership program. In that regard, the Company reserves the right to fully or partially suspend one of the services if it is required for carrying out preventive works, improvement of service functions and some editings to the service provided.
5. Rights and duties of Parties
5.1. Partner's duties:
5.1.1. Partner undertakes to ensure implementation of the services in accordance with the laws of their country of residence.
5.1.2. Partner undertakes to resolve on his own the claims made by the third parties towards the Company that had occured as a result of Partner's actions.
5.1.3. Partner undertakes to store the data for the access to personal account (login and password) in strict confidentiality.
5.1.4. Inform and extend their cooperation for the protection of the Company, in the case of situations or persons that violate the Company rights or conduct activities with intent to harm the Company's interests.
5.1.5. Partner's signed-up client cannot be Partner himself, as well as their close relatives. Company has the right not to remunerate Patner in case of violation of the paragraph in question.
5.1.6. Partner undertakes to avoid actions that can influence this Agreement. Such actions include technical impacts on Flatris servers efficiency, attempts to hack protection mechanisms, using of viruses, trojans, other malware. Apply brute-force attacks, DoS (DdoS) attacs, spam, links and other similar actions.
5.1.7. Partner shall comply in good faith and in the company's best interests, not violate any obligations assigned to Partner under this Agreement.
5.2. Partner's rights:
5.2.1. Search Clients according to the Company's requirements, identify Clients' interests and inform the Company about obtained data.
5.2.2. Inform prospective Clients about the Company's area of activity and services;
5.2.3. Encourage increasement of trust level of prospective Clients and other persons towards the Company and its services.
5.2.4. Recieve remuneration from the Company in accordance with provisions set forth in the present Agreement.
5.2.5. Partner has other rights envisaged in provisions of the present Agreement and in the law of the country of Company's registration.
5.3. Partner is prohibited:
5.3.1. Conduct activities that is inconsistent with the laws of your Country of residence as well as legislation of Ukraine.
5.3.2. Use and provide information that is no longer relevant or inaccurate, referring to or mentioning Flatris. This includes reliable data about relevant marketing offers (campaigns). Providing inaccurate or irrelevant data can be a reason for the suspension of cooperation with Partner.
5.3.3. Conduct activities, that may harm existing image of Flatris, decrease level of trust or confuse prospective Clients regarding the Company's services.
5.3.4. Conduct activities, that may lead arising obligations to the Company from the third parties that are not Company's Clients.
5.3.5. Partner has no right to palce advertisement on sites, consisting information that violates human rights, advocates violence, racial discrimination, drugs, slavery, materials that contain pornographic elements.
5.4. Company's duties:
5.4.1. Remunerate the Partner in accordance with the Agreement in a timely manner.
5.4.2. Provide the Partner with instructions and recommendations in performing the duties that are the subject of the Agreement.
5.4.3. Perform other duties in accordance with this Agreement.
5.5. Company's rights:
5.5.1. Monitor activities of the Partner with respect to the performance of their Partner's duties set forth in the present Agreement.
5.5.2. Company has rights to terminate the contract unilaterally in case of violation or non-performance by Partner the duties in accordance with the Agreement as well as in cases:
5.5.2.1. Using ways of advertising that make it possible to register a paid activity, but force the user to perform those activities by deceit, blackmail or any other ways violating freedom of choice;
5.5.2.2. Partner's activities that adversely affect Company's business image and reputation;
5.5.3. Block the Partner's account with all the remuneration earned, in case of violation by the Partner conditions of the present Agreement.
5.5.4. Company has other rights in accordance with the Agreement and current law.
6. Definition of income and reciprocal payments of parties
6.1. According to the Agreement Company remunerates Partner for the implementation of the tasks entrusted to them in accordance with the Agreement.
6.2. Partner receives the remuneration from the Company that depends directly on success of their activities and advertising campaigns.
6.3. Except for the remuneration that is entitled to the Partner, Partner has no right for reimbursement of the costs for using third-party services or programs, even if the expenses were connected with their promotional activities within the Agreement.
6.4. Right to remuneration is exercised only in case of fulfillment of all the following conditions:
6.4.1. As a result of Partner's activities a successful deal between the Company and new Client was signed;
6.4.2. Deal was conveyed successfully to the moment of payment to the Company;
6.4.3. Partner didn't violate the conditions of the Agreement.
6.5. Remuneration is paid to a previously specified Partner's account details by transferring the sum to the Partner's bank account within a time frame set in the present Agreement upon the approval by the Company.
6.6. Payments of remunerations for Partners are made during all the time of signed-up Client's activity. Every new payment during all the time of signed-up Client's activity on Flatris will bring the Partner remuneration in appropriate amounts.
6.7. Calculation and payment of remuneration should be done not more frequently than once in every 15 days.
6.8. Payment is considered to be successful and Company's duties concerning the payment are performed from the moment of funds write-off from the Company's bank account.
6.9. Regardless of the period of payment, the interest charges are not accrued on the sum of the Partner's remuneration.
6.10. Payment is only made in hryvnias. Currency exchange inside the system isn't available.
7. Amount of Partner's remuneration
7.1. Company pays remuneration of:
7.1.1. 20% for the 1 (first) payment
7.1.2. 10% - if the total amount of previous payments is from 1 (one) USD to 749 (seven hundred and forty nine) USD
7.1.3. 15% - if the total amount of previous payments is from 750 (seven hundred and fifty) USD to 1499 (one thousand four hundred and ninety nine) USD
7.1.4. 20% - if the total amount of previous payments is from 1500 (one thousand five hundred) USD to 2499 (two thousand four hundred and ninety nine) USD
7.1.5. 25% - if the total amount of previous payments is from 2500 (two thousand five hundred) USD to 3999 (three thousand nine hundred and ninety nine) USD
7.1.6. 30% - if the total amount of previous payments is from 4000 (four thousand) USD and more.
8. Confidentiality
8.1. Rules of confidentiality of the Flatris affiliate program do not contradict and in full compliance with the Privacy Policy of Flatris.
9. Liability and limitation of liability
9.1. Company is not liable for damage or interference caused by the contents of third-party webpages, software errors or technical means of partnership program members, as well as damage caused by insufficiant availability or limited functionality of Internet.
9.2. For the rest, Company is responsible for:
9.2.1. Deliberate acts or gross negligence of their legal representatives or executive staff;
9.2.2. In the event of violation of significant commitments of the Agreement, that make possible performing this Agreement and for which another party relies in confidence.
9.3. Liability is limited to compensation for actual damage which will be determined by the parties or court order.
10. Term of Agreement
10.1. This Agreement is concluded indefinitely. Partner has an opportunity to terminate the Agreement by reaching out to customer support.
10.2. If Partner has an unpaid remuneration, it will be paid into the previously specified payment account during the next period of payment.
10.3. All the deals that have been concluded prior to the termination of Agreement will be processed as usual.
11. Final provisions
11.1. Company reserves the right to change less important provisions of the Agreement without justification and at any time, if these changes do not affect the main provisions of the Agreement. Notifications of change are sent by e-mail at least in 5 (five) days before coming into force.
11.2. If Partner does not object changes in writing within 5 (five) days from the moment of receiving the notification, the changes will take effect for him.
11.3. If Partner objects to changes, this Agreement is considered to be annulled.
11.4. Any disputes arising between the Parties, which cannot be settled through negotiation, should be settled by International Commercial Arbitration Court of the Ukrainian Chamber of Commerce and Industry.
11.5. If certain provisions of this Agreement completely or partially become null and void, validity of other provisions remains in force. Provision which became invaild is considered to be replaced by another, closest in the meaning and assignement. The same applies for possible provisions that were omitted in this Agreement.
11.6. This Agreement can be terminated at the initiative of the Company unilaterally, if Partner violates duties specified by the Agreement. The Agreement is considered to be terminated on the circumstances stated in this paragraph upon the expiration of 24 hours from the moment of sending the notification-email about termination. The fact that the notification had been received and read in this case is irrelevant.