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Affiliate Programme Agreement

This PRNEWS.IO Affiliate Programme Agreement (“Agreement”) contains the terms and conditions that govern your participation in the PRNEWS.IO Affiliate Programme (“Programme”), which is operated by PRNEWS OÜ duly incorporated and ruled under the Estonian laws (“We”, “Us”, “Our” or “Company”). Any person or entity that participates or attempts to participate in the Programme (such person or entity, “You”, or an “Affiliate”) must accept this Agreement without change.

Posting links, web banners, text, graphics provided by us indicates your participation in the Programme and acceptance of all terms and conditions indicated herein.

BY participating in the Programme, YOU REPRESENT THAT YOU ARE AGE 18 OR OLDER AND AGREE TO TERMS OF THIS AGREEMENT, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND US. IF YOU ARE UNDER 18 YEARS OLD, YOU MUST ASK ONE OF YOUR PARENTS (OR OTHER LEGAL GUARDIANS) TO READ THIS AGREEMENT AND ACCEPT IT ON YOUR BEHALF. IF YOU DO NOT AGREE TO TERMS OF THIS AGREEMENT, YOU SHOULD NOT participate in the Programme.

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us, for services or otherwise. Our Terms of Use separately govern your use of the Platform. To the extent there is any conflict between this Agreement and the Terms of Use, this Agreement will take precedence.

You agree to participate in the Programme at your own risk.

1. Terminology

1.1. “Customer” means an individual person or legal entity who on the basis of particular agreements with the Company purchased services.

1.2. “Affiliate” means an individual person or legal entity, registered at the Platform and using the affiliate link, web banners or other graphics with the affiliate ID, having rights and obligations, in accordance with this Agreement and other agreements between him/her and the Company.

1.3. “Platform” means a hardware and software system, including the website (https://prnews.io) owned by the Company which using in connection with the Programme.

1.4. “Affiliate Fees” means the fees paid to the Affiliate by the Company for the referring Customers that purchased Company services.

2. Description of the Programme

2.1. The Programme permits you to receive the Affiliate Fees in exchange for referring Customers that purchase Company services.

3. Eligibility and Compliance

3.1. To be eligible to participate in the Programme, you must:

  • have an account at the Platform;
  • comply with this Agreement, Terms of Use and Privacy Policy in connection with your access and use of the Platform.

3.2. You may only participate in the Programme if permitted by the laws of your jurisdiction and the terms of any agreements you may have entered into with third parties.

3.3. If you are entering into this Agreement on behalf of an entity:

  • you represent and warrant that you are authorized to bind such entity to this Agreement and that such entity will be responsible for your and any other of its employees or agents activities in connection with the Programme; and
  • references to “you” in this Agreement will refer to you and such entity, collectively.

We reserve the right to require or request additional information, documents or clarification from you required for your identifying and for the other purposes, terms and conditions of this Agreement.

3.4. To permit accurate tracking, reporting and Affiliate Fees accrual, we will provide you with an affiliate link, web banners or other graphics with your affiliate ID (collectively, “Link”) for display on websites and online services, in your emails, or in other communications for use in connection with the Programme.

We will only pay Affiliate Fees on Links that are automatically tracked and reported by the Platform. The Affiliate Fees will not be paid for service purchased by the Customer in a different way.

4. Affiliate Fees. Payment

4.1. The Affiliate Fees will be calculated as 2% from the total cost of each paid order of the Customer if the order transaction is completed. The order transaction shall be completed within 30 days since the click on the Link.

4.2. The Affiliate Fees amount is subject to change at our sole discretion. We will notify all Affiliates 3 days prior to Affiliate Fees amount change. We review Affiliate Fees periodically, making appropriate changes based on market conditions. Affiliate Fees earned under the previous amount will be paid under the previous amount. Affiliate Fees under the new amount will be paid under the new amount. You can check reports on clicks, your Affiliate Fees and balance through your account at the Platform.

4.3. The Affiliate Fees will be displayed on your account balance at the Platform in 1 calendar day since the purchase made.

4.4. If the Customer closes his or her web browser, navigates away from the Platform, or otherwise leaves the Platform without purchase before leaving the Platform, comes back later than 7 calendar days on their own, and then purchases services, you will not earn Affiliate Fees.

4.5. We will pay Affiliate Fees to the payment method designated by you via the Platform within 5 days from receipt the request for withdrawal of funds in your account, provided that the Affiliate Fees payable exceed a minimum threshold equivalent of 10 USD. The Affiliate Fees may be paid via Bank Transfer, Webmoney or AdvCash designated by you. You warrant that you will designate only the payment method permitted by the laws of your jurisdiction.

4.6. The Affiliate Fees payable to you will be exclusive of taxes, refunds, and chargebacks, and we may offset such amounts against any Affiliate Fees owed to you. You are responsible for any taxes payable in connection with the Affiliate Fees, except in cases specifically provided by law. You are not responsible for any taxes payable in connection with our gross receipts or income.

4.7. The Affiliate Fees will not be payable to you for any purchase of services:

  • that is later cancelled, refunded, charged back, or for which we do not receive payment;
  • that occurred as a result of your breach of this Agreement, or while you were in breach of this Agreement;
  • if the purchase does not occur within 30 days of when the Customer clicks on your Link;
  • if, before making the purchase, the Customer has more recently clicked on the Link of another Programme participant;
  • that occurred through fraudulent, illegal, or aggressive, questionable behavior or marketing method; or
  • that occurs after termination of this Agreement (collectively, an “Ineligible Transaction”).

4.8. If we discover that we have paid you Affiliate Fees for an Ineligible Transaction, we may either require you to promptly repay the applicable amount, or we may offset such amount from future amounts payable to you under this Agreement.

5. Rights and Obligations of the Company

5.1. The Company is obligated:

  • to provide the Affiliate with the Link required for use in connection with the Programme;
  • to pay Affiliate Fees in accordance with the provisions specified herein.

5.2. The Company is entitled:

  • to monitor your activity at any time to determine if you are following the terms and conditions of this Agreement;
  • to terminate this Agreement, your participation in the Programme and delete your account at the Platform immediately and without notice to you should you commit fraud in your participation of the Programme or should you abuse this Programme in any way. If such fraud or abuse is detected, we shall not be liable to you for any Affiliate Fees for such fraudulent sales.

6. Rights and obligations of the Affiliate

6.1. The Affiliate shall not:

  • state or imply that you are part of, affiliated with, or endorsed by the Platform;
  • mislead Customers regarding the purpose or nature of the Programme;
  • engage in any fraudulent or unlawful activities;
  • attempt to artificially or fraudulently increase your Affiliate Fees in any way, such as by generating transactions that are intended to be canceled;
  • use branded queries like “prnewsio”, “pr news”, “prnews” in the promotion via commercial ads in Google AdWords, Yandex.Direct, Bing Ads and others PPC systems;
  • use improper advertising methods or other traffic generation methods via Links that are considered to be improper by the Google and Yandex search engines (for example, doorway);
  • engage in the distribution of an unsolicited bulk email (spam) with the Link or mentioning the Platform. Spam is the use of electronic messaging systems to send any unsolicited bulk messages whether commercial or non-commercial in nature. The term “spam” is applied to similar abuses in other media: junk faxes, mobile phone messaging spam, instant messaging spam, search engine spam, internet forum spam, social networks spam, spam in blogs, wiki spam, etc. If you run a newsletter, e-zine, or any kind of bulk messaging service or software, you must have evidence that people signed up to receive messages from you;
  • bypass, circumvent, or avoid any restrictions employed via the Platform;
  • offer cash back, rewards or other incentives to drive sales via the Link; use cookie stuffing techniques that set the tracking cookie without the Customer actually clicking on the referral link (for example a 1×1 pixel iframe).

6.2. The Affiliate is entitled:

  • to receive Affiliate Fees from the Company in time pursuant to the terms hereof;
  • to place Links we provide on websites and online services, in the emails, or in other communications;
  • to terminate the Agreement immediately without prior notice. If the Affiliate terminates the Agreement, no further Affiliate Fees from the Platform will be paid for any Customer transactions.

7. Intellectual Property Rights

7.1. All rights to the content at the Platform, such as text, graphics, logos, images, video clips, audio files (“Marks”) and Link belong to us or third parties and are protected by the law of the Estonia and international intellectual property law. All rights are reserved.

7.2. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to display the Links and any Marks on websites and online services, in your emails, or in other communications, solely for the purpose of referring Customers to the Platform.

7.3. All goodwill arising from your use of the Marks and Links will inure to the benefit of us. Other than the limited license set forth in this Agreement, we reserve all right, title, and interest not expressly granted to you. Upon request by us, you will provide samples of any marketing materials you have used, or plan to use, that incorporate the Marks or the Links.

7.4. The term of your licenses under this Agreement shall commence on the date that you accept this Agreement or otherwise use the Platform and end when terminated by either party. Your license terminates immediately if you use or attempt to use the Platform in breach of the terms determined herein.

8. Personal data. Confidentiality

8.1. Your privacy is important to us and we strive for a high level of protection in all processing of personal data. Our collection and use of your personal data in connection with your participation in the Programme is governed by our Privacy Policy and Cookie Policy with specifics determined by this Agreement.

8.2. In accordance with applicable data protection legislation, we are responsible for the processing of your personal data as set out below. If you have any questions about this information, or if you wish to exercise any of your rights as set out below, please contact us via the email listed below.

We processes your personal data when necessary for the performance of the Agreement with you and/or for any pre-contractual obligations required by the Programme, in addition to any other purposes described in the Terms of Use, Privacy Policy and Cookie Policy.

8.4. We collect the following Affiliate's personal data for determined purposes:

Personal data Purposes
Information you provide to us — full name;
— address;
— email address;
— used to create an account and as a login for authorisation at the Platform;
— used for communication and interaction between Affiliates and the Platform;
— used for providing support with authorisation, account managing, account security, system software errors, bans etc.;
— credit card information;
— digital wallet number or another financial account in payment systems;
— used to make payment for Affiliate Fees to bank account/digital wallet of the Affiliate;
Information we collect automatically — IP address;
— approximate location of your device from your IP address;
— cookies according to the Cookie Policy.
— used to identify Affiliates on the Platform;
— for statistical purposes, used to see how Affiliates use the Platform.

8.5. We may have legitimately collected personal data relating to the Affiliate by sourcing them from third parties (banks, payment systems) for the performance of the Agreement.

8.6. The Company gets Customer's personal data from cookies according to the Cookie Policy. A cookie is a text string that the Platform transfers to the cookie file of the browser on Customer's computer. Any use of Cookies by this Platform or by the owners of third-party services used by this Platform serves the purpose of the performance of the Agreement required by the Programme, in addition to any other purposes described in the Terms of Use, Privacy Policy and Cookie Policy.

8.7. We process and stores the personal data during the period that is needed for realisation of the processing purposes, specified in this Agreement.

8.8. Taking into account the purposes of processing, the period of storage of the personal data (period of storage) is:

PERSONAL DATA PERIOD OF STORAGE
The Affiliate's personal data
— full name;
— address;
— email address;
— credit card information;
— digital wallet number or another financial account in payment systems;
— IP address;
— approximate location of your device from your IP address;
— cookies according to the Cookie Policy.
No more than 12 months since Affiliate's last activity at the Platform
The Customer's personal data
— cookies according to the Cookie Policy 30 days since Customer's last clicking on the Link

8.9. After an expiration of the period of storage, we are obliged to delete the personal data or ask you to provide us with a consent, if the necessity of processing remains actual for us or another purpose of processing appears.

We are entitled not to store more and delete the earlier collected personal data of at any time if such personal data are not needed more.

We may keep storing the personal data if a subsequent processing is foreseen by law and is deemed relevant for a purpose which is not compatible with the original purpose of processing stated in this Agreement.

8.10. You can find more information on the processing of personal data in the Privacy Policy and in the Cookie Policy.

9. Warranties

9.1. You represent, warrant, and covenant that:

  • you will participate in the Programme in accordance with this Agreement;
  • your participation in the Programme will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority;
  • you have the full corporate right, power and authority to enter into this Agreement and to perform the acts required hereunder;
  • your execution of this Agreement, and your performance of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound; and the information you provide in connection with the Programme is accurate and complete at all times.

9.2. You warrant, that your website or information on your website will not:

  • promote or assist any illegal or unlawful activity;
  • defame, abuse, harass, discriminate, stalk or threaten anyone, or otherwise violate anyone's rights;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • infringe, contribute to the infringement of, or induce others to infringe, any trademarks, trade names, patents, copyrights, neighbouring rights, registered and registrable designs, design rights, or any other intellectual property right;
  • contain information constituting state or other secret protected by law;
  • сall for the seizure of power, forcible change of the constitutional order and the integrity of the state, inciting national, class, social, religious intolerance or discord;
  • advocate war;
  • promote pornography, violence and cruelty;
  • contain information about the methods, how to develop, manufacture and use, places of purchase of narcotic drugs, psychotropic substances and their precursors;
  • promote the use of certain narcotic drugs, psychotropic substances, their analogues and precursors;
  • contain information about the officially banned organisations;
  • contain information calling for unfair practices.

10. Term and Termination

10.1. The term of this Agreement will begin upon your acceptance of this Agreement and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. You may terminate this Agreement by deleting an account on the Platform. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove all Links, and all of our Marks and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Programme. We reserve the right to end the Programme at any time.

10.2. We, in our sole discretion, have the right to deactivate or delete your account and refuse any current or future use of the Programme, for any reason at any time. Such deactivating or deleting of your account or termination of the Programme will result in the forfeiture and relinquishment of all potential or to-be-paid Affiliate Fees in your account if they were earned through fraudulent, illegal, or aggressive, questionable behavior or marketing methods or in other violation of the terms of this Agreement.

11. Limitation of liability

11.1. We do not make any warranties under this Agreement. The Programme, the Links and the Marks are provided “AS IS”. To the maximum extent permitted by law, we disclaims all warranties, express, statutory or implied, including the implied warranties of non-infringement and fitness for a particular purpose.

11.2. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Programme will not exceed the total Affiliate Fees paid or payable to you under this Agreement.

11.3. We will not be liable for the reliability, availability and accuracy of the Platform. We cannot guarantee that all the information, programs, texts, etc. contained at the Platform are completely safe, free from the interference and destruction by any malicious programs such as viruses, trojans, etc.

11.4. You agree to indemnify, defend and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees, if available) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your participation in the Programme, or any breach by you of this Agreement, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

12. Modifications

12.1. We reserve the right to update and change the Agreement from time to time without notice. Any new features that augment or enhance the current Programme, including the release of new tools and resources, shall be subject to the Agreement. Continued use of the Programme after any such changes shall constitute your consent to such changes. You can review the most current version of the Agreement at any time at https://prnews.io/affiliate/terms/

13. Governing Law. Jurisdiction

13.1. This Agreement will be governed by the laws of the Republic of Estonia, without special reference to rules governing choice of laws.

13.2. Any dispute arising under this Agreement shall be finally settled in accordance with the laws of the Republic of Estonia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

14. Miscellaneous

14.1. This Agreement constitutes the entire agreement between you and us concerning the subject matter hereof. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

14.2. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably would contradict anything in this Agreement.

14.3. You will take or cause to be taken such further actions, and will execute, deliver and file or cause to be executed, delivered and filed such further documents and instruments, and will obtain such consents, as may be reasonably required or requested by us in order to effectuate fully the purposes, terms and conditions of this Agreement.

14.4. Any determination that any provision of this Agreement, or any application thereof is invalid, illegal or unenforceable in any respect in any instance will not affect the validity, legality and enforceability of such provision in any other instance, or the validity, legality, or enforceability of any other provision of this Agreement, and such provision shall be deemed to be reinstated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law.

14.5. You may not assign your rights under this Agreement to any party without our consent. We may assign our rights to third parties under this Agreement without condition and your consent.

14.6. Any notices under this Agreement will be given by email to affiliate@prnews.io and will be deemed delivered and given for all purposes on the sent date.