© 2023 Marina Kudinova ⁕ All rights reserved ⁕ contact@wpwebsites.dev
Present document (the “Offer”) is, in accordance with Article 405 of the Civil Code of the Republic of Belarus, an offer from Individual Entrepreneur Marina Kudinova (the “Affiliate”), acting on the basis of the state registration certificate No. 193362660 issued by the Minsk City Executive Committee on 01/03/2020, to any company (the “Merchant”), whose Affiliate Marketing Program (the “Program”) the Affiliate had applied for, to conclude a partnership agreement (the “Agreement”) for the provision of affiliate marketing services (the “Services”) by the Affiliate to the Merchant (jointly referred to as the “Parties”) on the terms and conditions set out below.
Section 1 ⁕ Terms and Definitions
Affiliate Marketing Program: is an agreement in which a company pays third-party publishers (affiliates) a commission for generating traffic or leads to the company’s products and services. Affiliates utilize web content, social media, or a product integration.
Affiliate Dashboard: is an online accessible personal dashboard of the Affiliate which always contains unique affiliate links or tools to generate them, and affiliate statistics. The statistics might include clicks, visits, leads, conversions, earnings, balance, etc. The dashboard can also contain payment settings and marketing materials from the Merchant: banners, logos, HTML code, etc. The Merchant can use its own software to provide the Affiliate Dashboard or work through a third-party affiliate marketing platform, such as ShareASale.
Affiliate Link: is a unique link that is assigned to the Affiliate by the Merchant’s Program. When a website user clicks on such a link, that click is attributed to the Affiliate. The affiliate link contains the Affiliate’s ID or username to enable tracking.
Pay Per Lead, PPL: the lead means an action made by a website visitor, which can be a registration, sign in for a newsletter or something else, not just the sale. The action is set by the Merchant. In the PPL payment model, the Affiliate earns commission for every lead.
Payment Platform: is an online payment system that enables international money transfers, allows to use multiple payment methods, and serves as a digital wallet where customers store funds, make and receive payments, and are able to transfer funds to the local bank account or their credit card. The most frequently used payment platforms in the affiliate marketing industry are PayPal and Payoneer.
Section 2 ⁕ Subject of Agreement
- The Affiliate accepts and complies with all the terms and conditions of the Merchant’s Program, published on the official website of the Merchant, in full force and effect, including all the up-to-date guidelines and policies for the Program.
- The Affiliate undertakes to promote products and/or services of the Merchant, in compliance with the terms of the Program, on the official website of the Affiliate, accessible from: https://wpwebsites.dev – in English, and https://wpwebsites.ru – in Russian.
- The Merchant undertakes to pay for the Services of the Affiliate on the terms and conditions specified by the Program.
- The Agreement is concluded when the Merchant joins the Agreement by accepting the Offer (the “Offer Acceptance”, Section 3) as a whole, without any conditions, exceptions or reservations (Article 398 of the Civil Code of the Republic of Belarus).
Section 3 ⁕ Offer Acceptance
- The fact of the Offer Acceptance is equated to the fulfillment of one or both of the following conditions: (a) the Merchant approves the application of the Affiliate for participation in the Program, and confirms the acceptance into the Program by e-mail; and/or (b) the Merchant provides the Affiliate with an access to the personal Affiliate Dashboard.
- In some cases, the Merchant automatically accepts into the Program any customer who has purchased a particular product or service from the Merchant or has registered on the Merchant’s website. In such cases, the Offer is accepted when the Merchant provides the Affiliate with an access to the customer’s personal account, which contains the Affiliate Dashboard section.
- In accordance with Par. 3 of Art. 408, Par. 1 of Art. 403, and Par. 3 of Art. 404 of the Civil Code of the Republic of Belarus, the Offer Acceptance by the Merchant is equivalent to the fact of concluding an agreement between the Affiliate and the Merchant in simple written form; such an agreement does not require paperwork and has full legal force.
- Each Merchant, who has accepted the Offer to date, is included in the list of MERCHANTS displayed on the right (desktop) or at the end (mobile) of this page. The name of each Merchant in the list is a link leading to the official website of the Merchant.
Section 4 ⁕ Rights and Obligations of the Parties
- The Affiliate undertakes: (a) to comply with all the up-to-date terms, conditions, guidelines and policies of the Merchant’s Program; (b) to provide the Merchant with Services on the terms specified by this Agreement.
- The Affiliate has the right: to use marketing materials, provided by the Merchant via the Affiliate Dashboard, within publications on the Affiliate’s website to promote products/services of the Merchant. The materials include: logos, banners, forms, and such.
- The Merchant undertakes: to pay for the Services of the Affiliate on the terms and conditions specified by the Program.
- The Merchant has the right: to terminate this Agreement at any time, without cause, via e-mail notice to the Affiliate (Section 7).
Section 5 ⁕ Renumeration and Payment Procedure
- Depending on the Program’s terms, the renumeration of the Affiliate (the “Commission”) can be determined as: a percentage of the sale; a fixed amount for each referred customer; a renumeration per generated lead in the PPL payment model; and such.
- Within the Affiliate Dashboard or upon registration for the Program, the Merchant in most cases offers different payment methods. The common ones are direct bank transfer and transfer to the Affiliate’s account on the payment platform used by the Merchant.
- Depending on the Program’s terms, the payment transfer to the Affiliate can be made on a fixed day of the month (sometimes the prerequisite is that the Affiliate’s balance must be greater than a certain predefined amount) or upon receipt of an invoice from the Affiliate. The invoice can be issued through the Affiliate Dashboard or through the connected payment platform.
- The Affiliate is responsible for payment of all taxes and fees (including any bank fees) applicable to the Commission.
- Currently, the estimated total revenue of the Affiliate per year from all Merchants is less than $ 10 000: Influencer Marketing Hub.
Section 6 ⁕ Provision and Acceptance of Services
- The Services are considered provided on the day when the placement of the Merchant’s advertising materials (links, banners, forms) on the Affiliate’s website begins. The start date for placing advertising materials is determined by the Affiliate independently.
- If no written claims are received from the Merchant within three banking days, the Services are considered to be provided in a timely manner and in full, and accepted by the Merchant without signing acts of provided services by virtue of this clause.
Section 7 ⁕ Term and Termination of Agreement
- This Agreement shall enter into force from the moment of the Offer Acceptance by the Merchant (Offer Acceptance, Section 3).
- The term of this Agreement is one year from the date of its entry into force. If by the end of the term of the Agreement neither of the Parties declares its termination (paragraph 3), then this Agreement is renewed for the next calendar year.
- Either party has the right to terminate this Agreement at any time, without cause, via written notice by e-mail to the other party.
Section 8 ⁕ Final Provisions
- Non-Exclusivity. This Agreement does not create an exclusive agreement between the Parties. The Merchant and the Affiliate have the right to recommend similar products and services of third parties and to work with other parties in connection with advertising, marketing, promotion, sale, installation, and use of similar services and products from them or third parties.
- Proprietary Rights. (a) This Agreement includes in its entirety the part of the terms of the Program relating to property rights. (b) The Affiliate’s website, including texts, images, and principles of advertising and operation, is the Affiliate’s intellectual property.
- Confidentiality. (a) This Agreement fully incorporates the part of the terms of the Program relating to confidentiality. (b) The Parties recognize any information related to the execution of this Agreement as a commercial secret and undertake to strictly maintain the confidential nature of such information without disclosing it to third parties, except when it is required by the relevant international or state authorities in cases specified by law. This provision does not apply to generally known or publicly available information.
- Changing Terms of Agreement. Changes to this Agreement are to be made only due to changes in the legislation of the Republic of Belarus. Changes to the Agreement come into force from the moment they are published at https://wpwebsites.dev/affiliate-offer. The “Last Modified Date” above (below on mobile) reflects the date of the latest version of the Agreement. In case of disagreement with the changes, the Merchant has the right to terminate the Agreement as in Section 7. Silence is recognized as the consent of the Merchant to the new version of the Agreement according to Par. 3 of Article 159 of the Civil Code of the Republic of Belarus.
- Dispute Resolution. All disputes and disagreements the Parties will seek to resolve through negotiations. If it is impossible to resolve disputes and disagreements through negotiations, disputes are subject to resolution in accordance with the applicable law specified by the terms of the Program in the relevant court at the location of the Merchant.
- Correspondence. All correspondence between the Parties related to the conclusion, execution, amendment or termination of this Agreement, transmitted by mail or electronic communication (e-mail), has legal force and is an integral part of this Agreement.
- Bilingualism. This Agreement is officially published in two languages: English and Russian. The Russian version of the Agreement is the exact translation of the English version and is available online at: https://wpwebsites.ru/partnerskaya-oferta.
- Compliance with Applicable Laws. The publication of this Offer and the Offer Acceptance (Section 3) are required in accordance with the Law of the Republic of Belarus “On currency regulation and currency control” and the Tax Code of the Republic of Belarus.
Section 9 ⁕ Contacts and Details of Affiliate
Name and surname of the Affiliate: Marina Kudinova
Legal entity name: IP Kudinova M.V.
Taxpayer identification number (UNP): 193362660
E-mail address: contact@wpwebsites.dev
Bank: “Priorbank” Joint Stock Company
Bank office and location: 117, Minsk, Republic of Belarus
SWIFT: PJCBBY2X
IBAN: BY73 PJCB 3013 0573 9200 0000 0933
Last Modified Date ⁕ 29 May 2023