Terms and Definitions
For the purposes of this Agreement, the following terms shall have the meanings hereunder assigned to them:
- ”Affiliate" shall mean a private or corporate entity partaking in the Affiliate Program featured on the EssayPartner.com website.
- "Company" shall mean the corporate entity Cyber Jam Limited registered in accordance with the law of United Kingdom with the registered office at 3rd floor, 120 Baker Street, London, W1U 6AT who is the owner of the EssayPartner.com website and is operating under the EssayPartner brand.
- "Commission" shall mean the remuneration for every Valid Purchase made by a Referred Customer in accordance with this Agreement.
- "Affiliate Website" shall mean a website where the Services and special offers of EssayPartner.com are offered.
- "Affiliate Program" shall mean a special format of cooperation between the Affiliate and the Company, aimed at increasing Affiliate Website traffic through various technical and marketing platforms.
- "Valid Purchase" shall mean the sale of the Company's Services to a Referred Customer in accordance with the criteria stipulated herein.
- "Referred Customer" and/or "Customer" shall mean a new (unique) consumer referred by the Affiliate by means of a Referral link provided or approved by the Company and in accordance with the criteria stipulated herein.
- "Services" shall mean the writing services available for order on Affiliate websites.
- "Registration Form" shall mean any and each order form, registration form, or another application form including online forms, hard copies, facsimile, or any others, including all information provided by the Affiliate and contained therein.
- "Referral" shall mean a person or entity joining the Affiliate Program by registering on the website upon following the link offered to the Referral by the Affiliate and provided and approved by the Company.
- "Promotional materials" shall mean the materials provided and/or approved by the Company, used by the Affiliate to attract customers:
- Text references and advertisements;
- Graphical banners and buttons;
- Mailing lists for addressees who already are the Affiliate's subscribers, provided that the addressees can cancel their subscription and that the Affiliate fully abides by the current legislation.
- Other materials provided and/or approved by the Company.
Any use of the above-mentioned terms and other words in singular/plural form, written in capital letters, and/or substitution thereof with pronouns shall refer to the same notion.
- The Affiliate shall provide services for the attraction of customers to Affiliate websites. If the Program conditions are successfully complied with, the Affiliate may acquire a remuneration based on a percentage of the volume of orders placed by the Referred Customers in accordance with the terms of the Affiliate Program, unless otherwise specified on the EssayPartner.com website.
- The Affiliate may advertise Affiliate websites and Services using various promotional materials provided and/or approved by the Company.
- To attract customers to Affiliate websites, the Affiliate shall, via their personal EssayPartner.com account (Account), obtain access to the Affiliate (Referral) link bound to the Affiliate's personal identifier (registration number) and pass it to the User.
- The remuneration shall be transferred to the Affiliate by the Company by adding funds to the Affiliate's Account in the latter's personal web office (Account) on the EssayPartner.com website. Funds can be withdrawn by the Affiliate via their Account through various payment systems supported by the Company.
- The Affiliate agrees to provide to the Customers the information on Affiliate websites and the Services available, as well as to comply with any laws including those governing email marketing, along with anti-spam legislation.
- This Agreement may be terminated at any time, either by the Affiliate or the Company.
- The Affiliate is entitled to obtain remuneration only for as long as this Agreement is effective.
- The Company may, at its sole discretion, amend this Agreement, the service provision policy, the Affiliate Program, and the operational procedures at any time.
- The terms of this Agreement may be amended by the Company at any time. The continued participation by the Affiliate in the Affiliate Program shall be regarded as the Affiliate giving consent to such amendments made by the Company.
- To join the Affiliate Program, the Affiliate has to successfully complete the registration process on the EssayPartner.com website.
- The Company shall retain the intellectual property rights to the Promotional Materials provided. The intellectual property rights to the Promotional Materials provided shall not be transferred, but are made available for the purposes of the Affiliate Program.
- The Company grants the Affiliate a limited non-exclusive license to the use of Promotional materials. Any actions on the part of the Affiliate aimed at obtaining any profit from the Promotional Materials, or actions not specified herein, shall be strictly prohibited.
- If the Affiliate meets the requirements set out in this Agreement and on the EssayPartner.com website, the Company may provide a Commission for every order or purchase made by the Referred Customers.
- To ensure the relevance of the Promotional Materials, the Company may revise and approve the existing Promotional Materials at its own discretion, without the Affiliate's consent.
- The Company is entitled to terminate the cooperation with any Affiliate unilaterally, without prior notice. The Affiliate may terminate the cooperation under the terms of the Affiliate Program by notifying the Company in advance. Such notices shall be considered as soon as possible.
- Termination of this Agreement with the Affiliates cancels their license for the limited use of the Promotional Materials.
- The Affiliate may refer other Affiliates (Referrals) to the Affiliate Program. Referring other Affiliates may allow the Affiliate to acquire an additional remuneration, except for the cases where the Affiliate and/or Referral operate under the 100% commission rate.
- Minors may not partake in the Affiliate Program. By entering into this Agreement, the Affiliate confirms they have reached the age of majority.
- The Affiliate is prohibited from using the Affiliate Websites or Promotional Materials for illegal or unethical purposes, as well as other actions that may result in losses for the Company.
- The Affiliate may not use the following in their work:
- leads generated via any methods that are automatic, artificial, and fraudulent;
- traffic generated via spam, including spam email messaging;
- traffic generated via unauthorised access to contact data;
- technology generating fake orders;
- leads generated via branded traffic through other websites.
Right to Participation
- By partaking in the Program, the Affiliate confirms and guarantees that:
By joining the Affiliate Program, the Affiliate agrees that their profile may be removed and their cooperation with the Company may be terminated without any notice according to Section 19 hereof.
- all registration data provided by the Affiliate to the Company is true and reliable;
- the Affiliate shall maintain the relevance of the registration data;
- the Affiliate has the right to assume legal obligations under this Agreement;
- the use of EssayPartner.com and the participation in the Affiliate Program by the Affiliate does not contradict the current legislation, as well as any regulations and/or provisions, rulings or permits applicable to the Affiliate;
- the use of EssayPartner.com and the participation in the Affiliate Program by the Affiliate shall not constitute result in the violation and/or neglect of any agreement involving the Affiliate;
- the use of EssayPartner.com and the participation in the Affiliate Program by the Affiliate shall not contradict any provisions of the Affiliate's articles of incorporation.
Registration in the Affiliate Program
- The Affiliate must fill in the Registration form on EssayPartner.com to begin the registration process. The Company may reject the Affiliate's application for any reason at its own discretion, including if it is established that the Affiliate's promotion methods and/or Affiliate websites are not safe and/or are illegal, and/or unsuitable for the Affiliate Program. Unsuitable promotion methods and/or Affiliate websites include, without limitation, those containing illegal, offensive content, content violating other persons' rights, or content for any other reason deemed offensive by the Company.
- Upon completion of the registration, the Affiliate obtains a password and an account. The Affiliate shall be responsible for ensuring confidentiality of their password and account and for any actions performed under this password using the Affiliate's account. The Affiliate shall:
The Company shall not be liable for any loss and/or damage suffered as a result of the Affiliate's breach of this Agreement.
- immediately notify the Company of any unauthorized use of the Affiliate's password and/or account and/or any other confidentiality breach, and
- log out of the Affiliate's account at the end of every session.
Relationship Between Parties
The Affiliate and the Company shall act as independent contractors, and nothing in this Agreement can be construed as creating a relationship of any kind of partnership, joint venture, agency, franchise, sales office, or employment. The Affiliate shall not have the authority to make or accept any offers on behalf of the Company or represent the Company. The Affiliate shall not have the right to make any statements, either on the Affiliate website or otherwise in any other form, contradicting the information contained herein.
- Within the framework of the Affiliate Program, the Affiliate may acquire a Commission for every Valid Purchase made by a Referred Customer attracted by the Affiliate in accordance with this Agreement. Each Referred Customer and each Valid Purchase must meet the following criteria ("Criteria”):
The Company reserves the right to terminate the payment of the Commission at any time and for an indefinite period if the Affiliate is suspected of fraud or other unacceptable activity and/or potential violation of any provisions hereof by the Affiliate and/or the Attached Customer (-s), and also to withhold from the current and/or future Commission of the Affiliate any or all Commission corresponding to any purchase of the Services that are fraudulent, disputable, or canceled. The Company reserves the right to verify the orders received from the Affiliates without prior notice. The verification is carried out by actual confirmation of the customer's order, as well as the authentication of the customer's identity via telephone call or by the Company requesting appropriate documents from the customer. The Company reserves the right to retain Commission for an indefinite period and/or cancel Commission or refuse to pay Commission if:
- Each Referred Customer must register by filling and sending the respective customer registration form using valid and unique personal and payment details.
- Each Referred Customer must make a Valid Purchase of and a valid payment for the Services. The Commission shall be paid to the Affiliate if the following conditions are met: each Referred Customer must be an active and valid customer, make all payments as of the moment of accrual of the Commission on a timely basis, and must not be subject to refund, payment cancellation, or order cancellation.
- Each Referred Customer must register in a manner that, in the Company's view, allows it to explicitly establish that the Referred Customer was attracted by the Affiliate in accordance to this Agreement.
The Company shall not be responsible for notifying the Affiliate of the Commission status. Should the Affiliate have any questions about the Commission that has been canceled or withheld, the Affiliate has 30 days from the date when such a Commission was due for payment to contact the Company and discuss or solicit such a Commission. Any change in the decisions regarding canceled or withheld Commission are at the sole discretion of the Company. Any attempt on the part of the Affiliate to manipulate the Referred Customers and/or Valid Purchases or Commission and/or falsify them to intentionally deceive the Company or violate any provisions of this Agreement shall be a sufficient ground for the Company to immediately terminate the Affiliate's activities within the scope of the Affiliate Program, which will result in the loss of all the Commission accrued by the Company during the period of the Affiliate's participation in the Affiliate Program.
- Commission accrued for accounts of Referred Customers is deemed fraudulent by the Company, including, without limitation, those created using programs generating real and fictitious information.
- The Company considers the orders fraudulent or notices signs of potentially fraudulent activity, including, without limitation, cases in which the same Referred Customer has created multiple accounts.
- Any unauthorized changes were made in the Company's Promotional Materials.
- The Customer does not comply with the Criteria under Section 8 of this Agreement.
Commission Accrual and Payment
- The amount of the Commission shall be determined based on the conditions laid out on the EssayPartner.com website and accrued to Partner's internal account in United States dollars.
- The first payment of the Commission shall be effected within a month of the date of the Affiliate's payment request. All subsequent payments shall be effected during business hours upon the Affiliate's request.
- Payment of Commission is conducted in United States dollars or in other hard currency as agreed by the Parties.
- The minimal payment amount shall be $100.
- The Affiliate may request information on the approval status of a customer or customers’ orders. The Customer's confidential information, including personal data, shall not be disclosed to the Affiliate. The Company reserves the right not to disclose any information, should such information be deemed confidential.
- In case of provision of Commission payment in currency other than United States dollars, the amount of Commission is calculated according to buying rate of currency at sender's bank account that is effective on the payment date.
- The Affiliate shall provide current and true contact and payment details. Failure to abide by this condition may result in the temporary or permanent suspension of the Affiliate's account, and the termination of this Agreement with the invalidation of funds on the Affiliate's internal account.
- The Affiliate shall be responsible for the payment of all taxes for the Commission received by the Affiliate under this Agreement.
- The Affiliate has the right to charge the Commission for the Valid Purchases made for the duration of this Agreement. Commissions earned before the date of termination of this Agreement will be payable only provided that the relevant orders have not been canceled and no refunds have been made for them. The Company may withhold the last payment to the Affiliate for a reasonable period to ensure that the correct amount is paid.
- If the Affiliate does not agree with any of the terms of this Policy, the Affiliate shall be deprived of the right to use the EssayPartner.com website including the services provided thereon and agrees to leave EssayPartner.com without hesitation.
- The Company makes every reasonable effort to protect any confidential information about its Affiliates and Customers. The Company shall not disclose any confidential information to third parties, except in cases when it is deemed necessary for the proper provision of the Services. Confidential information may include any materials or information provided by the Affiliate.
- Confidential information does not include information that:
The Company may publicly refer to the Affiliate, either orally or in writing, including by publishing the name and/or logo on Affiliate websites, in press releases, and in advertising materials without the Affiliate's prior consent.
- was publicly available at the time of its receipt by the Company;
- was made publicly available after its receipt by the Company, not through the Company's fault;
- was obtained by the Company not from the Affiliate, but from another person, without violation of the confidentiality obligations of the Company or a third party; or
- must be disclosed by the Company at the request of law enforcement agencies or other authorities in accordance with the applicable law.
Collection of Data
- The Company collects limited data about the Affiliates in the course of their use of the Company's Services and the EssayPartner.com website. The collection of such data is carried out exclusively to optimise and improve the services of the EssayPartner.com website.
- By granting their consent to this Policy and this Agreement, the Affiliate also consents that the collection of information carried out by the Company is agreed upon, unambiguous, and lawful. The Affiliate confirms that their data is accurate, relevant, complete, and does not exceed the agreed purpose of information collection.
- The information obtained within the framework of this Policy shall be received in an honest and lawful manner. The Company shall not collect any data without prior and full consent of the Affiliate.
- The information shall be transferred by filling any forms or questionnaires, identifying the person, or communicating with the Company in any accessible way.
- The Company may collect information independently, monitoring the activity, interaction, and transactions on EssayPartner.com by using cookies and/or other similar methods.
- The Company shall not collect information that involves or discloses race or ethnicity, political opinions, religious, philosophical, and other beliefs, participation in trade unions, physical and mental health, sexual life, or the criminal record of Affiliates or Customers.
- The Affiliate or the Customer may request information regarding the storage by the Company of any scope of their personal data by requesting access to such personal data. If the Company stores such personal data, the Company, in response to such request and after authentication, may:
Should the Affiliate refuse to receive email or other messages from the Company, the Affiliate must send a respective notice, after which the Company must cancel such mailings and messaging. The Company shall undertake reasonable efforts to ensure the security of information in order to eliminate the possibility of obtaining access to the collected data by any third parties. The collection of information occurs at the moment of loading the EssayPartner.com website in any browser on any device in order to improve the content of the EssayPartner.com website or other web pages and to optimise their location. Examples of automatically collected information include, without limitation:
- provide its description;
- communicate the purpose of personal data storage;
- notify the Affiliate or Customer of any person to whom personal information may be disclosed;
- provide a copy of the personal data in an accessible form.
The Affiliate, for the purpose of participation in the Affiliate Program, shall provide the following personal data:
- IP address;
- Publisher name;
- Connection speed;
- Day of the week;
- Time of day;
- Language settings;
- Country, city (matching the IP address, if available).
The Affiliate's email address shall be used for notifications related to the direct use of the Affiliate program, such as the clarification of various issues, unread message notices, advertising and marketing purposes (notifications of special offers), etc. When the Affiliate's Account is opened or changed online, the Company may collect information for Affiliate identification, passwords and/or answers to secret questions used by the Affiliate for future logging in to the Account. The Company shall collect personal information and other information in the course of the Affiliate's interaction with the Company's representatives, entry of information on the EssayPartner.com website, submission of answers to questions. The Company may monitor and record telephone calls, email, online chats, or other communications between the Affiliate and Company representatives in order to improve the provision of the Services and the Affiliate Program. The Company may use web beacons (small graphical images on a web page or in an HTML email) in order to track interactions with the Company's websites or emails. Web beacons are usually invisible due to their small size (only 1x1 pixels) and the colour same as the background of the website or email. The Company shall store information for as long as necessary in connection with the Company's needs or for the purposes of taxation, or as long as it is permitted by certain laws, regulations, and/or government orders. For the removal of personal information, the Company shall use procedures that make such information unreadable, including shredding the documents and erasing the information from electronic media.
- email address;
- ICQ number;
- Skype ID;
- Other data according to the Registration Form.
Use of Data
The Company uses the information gathered for various purposes, including, but not limited to:
- To process the Affiliate's Commission fee;
- To verify the identity and log the transactions and other interactions with the Company;
- To provide Services;
- To create, modify, improve, expand, remove, and correct services and the quality of provision thereof;
- To establish and offer services wherein the Affiliate may be interested;
- For internal business decision making regarding the current and future services and offers;
- To provide individual user experience to the Affiliate, including personalised services and offers;
- To protect the rights, interests, security, and property of the Company, as well as the rights, interests, security, and property of the Company's service providers and third parties;
- For the purpose of compliance with applicable laws and regulations.
- For the purpose of investigation or prevention of fraud or unlawful use of the network.
Transfer of Information to Third Parties
- The Company may not, without the Affiliate's consent, sell, lease, or transfer information (data), including personal data, to third parties other than those affiliated with the Company.
- The transfer of information to a third party is carried out in the following cases:
- Upon the Affiliate's consent. The Company may obtain consent in writing; online, through agreements containing hyperlinks; upon the Affiliate's confirmation of their consent to the terms of provision of certain Services; verbally, in the process of communication with the Company's representatives.
- Provision of third-party access to the Affiliate's Account. The Company shall not provide access to the Affiliate's Account to third parties. If the Affiliate personally discloses to any party the password to their Affiliate Account and/or the answers to secret questions, the Affiliate's personal information will be made accessible.
- To the Company's contractors. The Company shall disclose information to third-party suppliers and Affiliates carrying out transactions and providing services on behalf of the Company, including companies processing credit/debit cards, tariffs, customer services, auditing, and marketing.
- In the process of corporate reconstruction. The Company may sell, transfer, or disclose the information within the framework of a corporate reconstruction, including merger with or acquisition by other legal entities, corporation, investment or sale of the Company's capital, as well as in cases of insolvency, bankruptcy, or property disputes where such information may be transferred to third parties as capital.
- In litigations and to protect the Company's interests:
Without identifying Personal information. The company may provide information that does not identify the individual, to third parties for marketing, advertising, and other purposes.
- in order to comply with the provisions of the current legislation, regulations, judicial decisions, compulsory orders of the government or law enforcement agencies;
- for bringing contracts into force or initiating, rendering, tariffing, and taxation of services and products (including the transfer of data to fiscal services in order to receive payment for the Company's products and services);
- to protect the rights or interests, as well as the property and security of the Company or any other parties;
- in connection with complaints, disputes or disagreements, whether in court or otherwise;
- to facilitate the correct calculation of taxes, commissions, and other financial obligations or for the purpose of verification of such calculations;
- in extraordinary cases.
- In order to facilitate the use of the EssayPartner.com website, the Company shall use cookie files (hereinafter referred to as "Cookies").
- The company does not guarantee the correct work of the EssayPartner.com website after Cookies are disabled.
- The Company shall only use the following types of Cookies:
- Session (temporary) Cookies, which store information about the use of the Website by the visitor. They are removed upon exiting the Website.
- Permanent Cookies, which are stored on the website visitor’s PC between browser sessions.
In any case, the Company shall never receive any personal data by means of Cookies.
- to provide access to the personal profile on a permanent basis;
- to provide Affiliate chat service 24 hours a day;
- to track Affiliate activity via Google Analytics or Yandex Metrics.
THE COMPANY SHALL NOT BE HELD LIABLE BY THE Affiliate OR ANY OTHER THIRD PARTY OR ORGANISATION FOR ANY INDIRECT, INCIDENTAL, ADVERSE, OR ACTUAL DAMAGE, INCLUDING LOST PROFIT ARISING OUT OF THE TERMS HEREOF OR IN CONNECTION HEREWITH (REGARDLESS OF THE CAUSE OF SUCH DAMAGE AND THE METHODS OF ELIMINATION OF ITS CONSEQUENCES). IN OTHER CASES, THE COMPANY'S TOTAL PROPRIETARY LIABILITY TO THE Affiliate ARISING OUT OF THIS AGREEMENT MAY NOT EXCEED FIVE HUNDRED DOLLARS ($ 500).
Waiver of Liability
- The Company provides no guarantees and makes no representations, either expressly or by implication, with respect to the Affiliate program or any Services sold via the Affiliate program.
- The Company does not guarantee consistent and error-free operation of the websites participating in the Affiliate Program. The Company shall not be liable for such interruptions and/or errors, including any consequences arising from such interruptions and/or errors.
- The Company does not guarantee full protection against loss, misuse, or alteration of personal information due to unlawful actions of third parties.
The Affiliate agrees to indemnify the Company for damages, as well as to protect the Company from any losses, liabilities, claims, damages, and costs (including legal costs and fees associated therewith and the interest accrued thereon) against the Company arising from or due to payment for any violation or non-performance of any statement, guarantee, agreement, engagement, or obligation that the Affiliate must perform hereunder.
- The Parties may terminate this Agreement at any time.
- The Agreement may be terminated by the Company for any of the following reasons:
The Agreement may be terminated by the Affiliate at will, regardless of the reasons. Upon termination hereof:
- Improper advertising (false statements, misleading links);
- Illegal distribution of spam by the Affiliate (mass mailing of electronic messages, mass posting in news groups, etc.);
- Advertising on websites devoted to illegal activities or advertising them;
- Infringement by the Affiliate of the rights to objects of intellectual property;
- Violation by the Affiliate of the provisions of Section 4 hereof;
- Other reasons not specified herein, but having a negative impact on the Company or the advertised Services, provided that they are deemed adequate;
- Any and all licenses granted hereunder become null and void; and
- The Affiliate shall undertake to immediately remove all Promotional Materials from the Affiliate Website (-s) and stop using the Company's name, logos, trademarks, service marks, and/or technologies.
- The parties are exempted from the liability for partial or complete failure to fulfil their obligations hereunder if such failure is a consequence of force majeure circumstances arising after the conclusion hereof as a result of extraordinary circumstances that the parties could not foresee or prevent. In the event of such circumstances, each party must immediately notify the other party in writing.
- In the event of force majeure circumstances, the stipulated term for the fulfilment by the party of its obligations hereunder shall be extended proportionally to the time of persistence of such circumstances and their consequences.
- The Company shall undertake every possible effort to ensure normal operation of the websites, but shall not be held liable for failure to perform or improper performance of obligations hereunder, as well as possible losses incurred, including, but not limited to, as a result of the Company's works on the websites, as well as actions or negligence of third parties that affected the efficiency of websites.
Last modified: 02.18.2017
- All disputes and disagreements that may arise between the parties on issues that have not been resolved within the text hereof will be resolved through negotiations.
- If the resolution of disputes through negotiations is deemed impossible, the parties shall file them for consideration to a competent court at the Company's location.