Rules for a legally binding Agreement

The present Rules for a legally binding Agreement (“Rules”, “Agreement”) between You (the “Partner”, “Publisher”) and KIT Global (the “Affiliate Network”), if you are a legal entity or private entrepreneur.

By expressing consent to this Agreement by ticking the appropriate checkbox of the Affiliate Network, the Partner confirms that this Agreement is concluded by a person authorized to conclude this Agreement on behalf of the Partner.

AFFILIATE NETWORK. NETWORK PARTICIPANTS.

The Affiliate Network legally manages the gs.kit.global domain ("Domain") and has the legal rights to provide Publishers with services for using the System.

Traffic Source – an ad platform accessible via the Internet and that can be used to place PIMs.

Personal Account – an element within the System allocated to the Publisher that can be accessed via an individual login and password and used for tracking the actions of the Publishers, performing Transactions and calculating the Publishers earned pay.

Offer – an Advertiser’s offer placed within the System to provide services to attract the attention of Internet users to the services or products of the Advertiser in order for the users to perform Transactions there. IN ADDITION TO THE RULES, PUBLISHERS ARE OBLIGED TO ABIDE TO THE TERMS OF THE OFFER.

Advertiser – a person who determines the terms of the Offer and acts as a customer of the Affiliate Network’s services.

PIMs – promotional and information materials of any kind (static, animated, graphic, text-graphic, form, application, etc.) that contain a link to a specific Advertiser website or some other link that allows the user's action on the Traffic Source to be considered a performed Transaction and provide the Publisher with a payout for securing such a Transaction.

System – a complex software product that can be accessed via a Domain and Personal Account and that lets you place and manage Offers, generate statistics on Transactions and Partner payouts, track Fraud, and perform other actions necessary to fulfill the Agreement.

Transaction – a target action of an Internet user determined by the Advertiser and paid for by the latter to an Affiliate Network or Publisher. As a general rule, the size of the payout is calculated based on the number of target actions (transactions) secured or is a fixed amount per target action or as a percentage of the cost of the product the user got from the Advertiser. The size of the payout per target action or the formula for calculating it is listed in the Offer terms.

Fraud – low-quality traffic imitating a Transaction or crediting a Publisher with a Transaction that is in reality provided by another person or linked to organic traffic.

SUBJECT OF THE AGREEMENT

The Partner undertakes to place the PIMs of Advertisers on the Internet on Traffic Sources legally used by the Partner in order to attract the attention of Internet users to such materials and the subsequent performance of Transactions on their part, while they Affiliate Network undertakes to provide the Publisher with payments in accordance with the terms of Offers.

ACCEPTING THE RULES

Accepting these Rules by ticking the checkbox on the Domain is a necessary condition for the admission of the Publisher to working with the Affiliate Network.

The Affiliate Network reserves the right to deny the Publisher access to the System at its own discretion and without providing any explanation. Such a decision of the Affiliate Network is final, with the Publisher having no right to challenge this decision or demand any compensation for it.

The Affiliate Network is entitled to amend these rules unilaterally at its own discretion. The Publisher undertakes to independently stay on top of the current version of the Rules available on the Domain.

PROVIDING INFORMATION. ADDITIONAL INFORMATION

The Publisher undertakes to provide the Affiliate Network with only reliable information that belongs to them. Should it be revealed that the Publisher has provided false information, the Affiliate Network has the right to immediately terminate this Agreement, block access to the Publishers Personal Account without paying out any remaining rewards at the time of issuing the ban.

The Affiliate Network is entitled to demand the Publisher provide the information needed to pay the Publisher their rewards in accordance with the payment option the Publisher selected in their Personal Account.

At the request of the Affiliate Network, the Publisher is obliged to immediately provide the Affiliate Network with information about the Traffic Sources and PIM models they use.

PERSONAL ACCOUNT

After the Publisher accepts the Rules, the Affiliate Network provides the Publisher with access to an individual Personal Account. Access may be denied if following an additional check-up it was revealed that the Affiliate Network refused to cooperate with the Partner or if the Publisher had broken the Rules.

The login and password for the Personal Account are set by the Partner on their own. The Partner is responsible for the safety of their login and password. Until the Affiliate Network receives a notification from the Publisher regarding the fact that their login and password have been compromised, all actions performed in their Personal Account are considered to have been carried out by the Publisher. The Publisher bears responsibility for such actions and is not entitled to present claims to the Affiliate Network regarding specific actions performed in the Publishers Personal Account by them or a 3rd party.

AD MATERIALS

The use of PIMs is determined by the rules of each specific Offer. If the Offer rules allow using only PIMs provided by the Advertiser, the Partner is not entitled to edit the PIMs when placing them on their Traffic Sources. Should this obligation be violated, the Partner is obliged to reimburse the Affiliate Network and the Advertiser for all the losses and fines incurred.

PIMs provided by the Advertiser can be used by the Partner only in order to provide services for a specific Offer (the one the PIMs are focused on). Using such PIMs in the interests of the Publisher or 3rd parties is not allowed.

If the PIMs are designed by the Publisher, the latter undertakes to not use the trademark and trade name of the Affiliate Network, advertisers, imitate the websites of the Advertisers or use the Advertisers’ brand elements for their own websites, register websites on the Internet with names similar to the Advertisers’ Domain and websites.

The Partner does not receive any rights to the intellectual property of the Affiliate Network (including the Domain and the System) and Advertisers, except for the right to use the PIMs provided by the Advertisers or designed by the Partner in accordance with the terms of the Offers solely when providing services for a specific Offer.

OFFERS

The Publisher agrees that the Affiliate Network, at its sole discretion, determines which Offers are available to the Partner in their Personal Account. The Affiliate Network is not obliged to provide the Partner with access to all the Offers available in the System.

Offer conditions may be amended by the Affiliate Network unilaterally at the initiative of the Advertiser. The Partner is responsible for independently monitoring the conditions of the Offers in the System. The Affiliate Network will make reasonable efforts to inform the Publisher about any changes to the Offers.

PROHIBITED TRAFFIC SOURCES

The Publisher undertakes not to place PIMs for the purpose of working with Offers on Traffic sources (hereinafter referred to as prohibited traffic sources) that violate generally accepted standards of decency (erotic and pornographic materials), as well as those that call for violence, aggression, terrorism, other actions or those that contain information that violates the current legislation of the country where the Advertiser is located and/or the place where the advertised activity is carried out/the place where the advertised goods are sold. The terms of a particular Offer may provide for additional restrictions on Traffic Sources, in which case abiding by them is also mandatory for the Publisher.

The Publisher undertakes not to engage in Fraud when ensuring that users make Transactions. Fraud is a prohibited source of traffic.

PLACING ADS UNDER APPLICABLE LAW

The Publisher undertakes to engage in ad placement in full compliance with applicable law (including the legislation of the country the ads are being placed in).

*For Publishers placing ads aimed at the Russian audience:

As required by the relevant laws and regulations of the Russian Federation, the Data is required to be transferred to the ERIR through the ADO, whereas:

Data means (i) Advertising Materials, and (ii) information about Advertiser, as well as intermediaries (if any) participating in the organization and/or issuance of Advertising

Materials on the Internet, to the extent established by the legislation of the Russian Federation, which, together with the Advertising Materials, is subject to accounting, storage and processing of the RKN through ERIR.

ERIR means Unified Register of Online Advertising.

RKN (Roskomnadzor) means the federal executive body in Russia exercising the functions of control and supervision in the field of communications, information technologies and mass communications.

When placing ad materials on the Internet aimed at the Russian audience, the Publisher undertakes to timely provide information about the ads they place on the Internet to Roskomnadzor or the ad data operator in accordance with part 3 of article 18.1 of the Law of the Russian Federation "On Advertising" in full compliance with the current legislation of the Russian Federation. The Publisher undertakes to notify KIT Global regarding the planned placement of materials aimed at the Russian audience at least 2 (two) months prior to the launch date of the ads; if the ads are placed after the Publisher has agreed to these rules, they undertake to immediately notify KIT Global about this. Should the Publisher fail to ensure timely notification, they will be subject to a fine.

In order to fulfill their obligation specified in this Section, the Publisher undertakes to:

interact with Roskomnadzor through the ad data operator;
receive from the ad data operator an advertising identifier and ensure its integrated into their ad materials;
transfer the ad data Roskomnadzor requires within a month following the calendar month when the ads were placed on the Internet (through ad data operators);
ensure all ads placed on the Internet (including the Affiliate Network’s Offers), are marked as “advertising” and also indicating the ad’s Advertiser and/or website, webpage on the Internet that contain information about the ad’s Advertiser if such information wasn’t previously indicated anywhere;
within 3 (three) working days after receiving a request from the Affiliate Network or Advertiser to provide information about the ads’ identifier, about concluding an agreement with the obligation to transfer information to the ERIR with the person obliged to transfer such information, about the choice of ADO.
make corrections to the information transmitted to the ADO and ERIR, in case of changes in the ads or previously transmitted information;
notify the Affiliate Network of all circumstances that may make it impossible for the Publisher to fulfill their obligations to transfer information to Roskomnadzor.

The Publisher transfers information to ERIR through the ADO on their own and is not entitled to delegate this responsibility to 3rd parties without prior consent from the Affiliate Network.

The Publisher undertakes to notify the Affiliate Network regarding which ADO they have chosen.

Transferring information to the ADO and/or the ERIR does not constitute a violation of existing confidential info non-disclosure obligations.

PUBLISHER REWARDS

The Affiliate Network undertakes to pay the Publisher a remuneration for the Transactions the Publisher secured.

The payment conditions and the necessary set of documents for making payments to Publishers are specified in the agreements between them and the Affiliate Network, which are concluded in addition to these Rules.

Payouts are provided only for Transactions that have been recognized by the Advertiser as duly performed and paid for by the Advertiser.

The amount to be paid to the Publisher can be seen in their Personal Account based on the System’s statistics. These amounts are final, the System’s statistics are the only instrument to calculate remuneration amounts recognized by the Parties. No interest is accrued or paid out on the remuneration amount.

Depending on which payout method the Publisher selects, bank and payment system fees may be deducted from the Publishers payout. The minimum payout amounts may also be set and adjusted at the sole discretion of the Affiliate Network. Should the Publishers payout amount be lower than the applicable minimum amount, the remuneration will not be paid until its amount equals or exceeds the applicable minimum amount.

The Affiliate Network does not act as the Publishers tax agent, the Publisher pays taxes on their income on their own.

Should the Affiliate Network fail to pay the remuneration to the Publisher due to the Publisher providing incomplete or incorrect payment data, the expenses the Affiliate Network bore for the unsuccessful payment can be deducted from the Publishers payout, with such a transaction being reflected in the latter’s Personal Account.

Should Fraud be detected, the Affiliate Network shall deduct the remuneration amount acquired through Fraud from the Publishers payout. If the payment for Fraud had already been made, the Affiliate Network is entitled to deduct that payment amount from the Publishers current payout that can be seen in the latter’s Personal Account. If the Publishers current Personal Account balance is lower than the amount needed to be deducted for Fraud, the Affiliate Network is entitled to request the Publisher return the deficient amount and, should the Publisher fail to return it within the agreed period, the Affiliate Network is entitled to challenge this amount via tribunal.

The Partner undertakes to comply with applicable laws regarding the prevention of money laundering and the financing of terrorism. The Partner undertakes to immediately provide the Affiliate Network with the documents and information necessary to comply with said legislation. Should suspicions that the Partner is not complying with said laws arise, the Affiliate Network is entitled to freeze any payments to the Publisher.

Available payment methods, minimum payout amounts and applicable payment fees can be changed by the Affiliate Network at its sole discretion. The Publisher is obliged to independently track these changes in their Personal Account.

RESPONSIBILITY

The Publisher undertakes to reimburse the Affiliate Network for any amount of fines and losses incurred by the Affiliate Network and Advertisers following the Publishers inability to comply with applicable laws and Offers when attracting a Transaction, including any sort of government fine imposed on the Affiliate Network and Advertisers, including for violating laws regarding advertising, personal data, protection of intellectual rights.

The Publisher undertakes not to take any actions that negatively affect the work of the Affiliate Network nor to make negative comments and not post messages, information, reviews containing negative comments about the Affiliate Network, its owners, directors, employees or Advertisers on the Internet or on Traffic Sources accessible via the Internet.

PERSONAL DATA

The Affiliate Network processes the Partner's personal data in accordance with the Affiliate Network's Privacy Policy. The contractual relationship between the Publisher and the Affiliate Network serves as a basis for this processing. The Affiliate Network does not disclose the Partner's personal data to 3rd parties, except when responding to legitimate requests from state authorities, as well as when responding to requests of Advertisers should the Partner be rightfully suspected in engaging in Fraud or violating the law or Offer conditions.

The Publisher consents to the Affiliate Network communicating with them using the contact info the Publisher listed (including their email, phone number, messenger info), which includes informing the Publisher about new Offers or changes in the terms of current Offers, changes to the Rules and payout conditions.

If, under the terms of the Offer, the Partner processes personal data of Internet users (including recording, systemizing, accumulating, storing, clarifying (updating, changing), extracting, using, transfering (providing access), depersonalizing, blocking, deleting, destroying), the Publisher undertakes to take measures to preserve the confidentiality and safety of the personal data of users when processing it and undertakes to obtain the consent of users to have their personal data processed and transferred to the Affiliate Network or Advertiser to the extent necessary for each Transaction. The Partner undertakes to provide the Affiliate Network or Advertiser with the users' consent to having their personal data processed as well as information on the way this data was collected within 3 (three) days of receiving a request to do so from the Affiliate Network using any available communication channel. The Partner undertakes to ensure the storage of user consents to the processing of personal data for 3 (three) years from the date of receiving said consents. The Partner undertakes to take the necessary legal, organizational and technical measures to protect users' personal data from unauthorized or accidental access by 3rd parties, being deleted, edited, blocked, copied, transferred or disseminated, as well as from other illegal actions in relation to personal data. The Partner guarantees that the Traffic Sources they use when working with the Affiliate Network feature the text of users consenting to such data transfer, the technical capacity to submit said consent, as well as that the users did not automatically consent to such a data transfer and that they first read the text of the consent form.

TERMINATING THE AGREEMENT

Either Party may terminate the Agreement unilaterally, notifying the other Party of their decision 30 days in advance. Should the Partner violate these Rules, the Affiliate Network is entitled to withdraw from the Agreement immediately and without prior notice, in which case the Publisher will lose access to their Personal Account.

For cooperation and payment conditions for physical persons and non-residents of Russian Federation (legal entities), not the subject to our offer, please contact our partners.