PUBLIC OFFER
TERMS OF PARTICIPATION IN
LEADBIT PARTNERS NETWORK

2016

This Offer is a public offer between LEADBIT LTD (hereinafter referred to as “LeadBit Partners Network” or “LeadBit”) and participants of LeadBit Partners Network: a natural person, legal entity, or an individual entrepreneur who underwent registration at the partners network website as a web master and agreed with the terms of this Offer (hereinafter referred to as the “Web Master”) and/or a participant of LeadBit Partners Network, a natural person, legal entity or an individual entrepreneur who registered at the partners network website as an advertiser intending to advertise its goods and/or services by placing its advertising materials (hereinafter referred to as the “Advertiser”).

In this Offer, the Web Master and the Advertiser may be collectively referred to as the “Partners Network Participants”.

The partners network is located at the website on the Internet under the following domain name www.leadbit.com.

The Offer commences from the moment when the Participant agrees with its terms by registering at www.leadbit.com and the “I agree with the terms of the Offer” box is checked.

1. Website Registration Procedure. Offer Acceptance

1.1. To access LeadBit Partners Network, the Participants must register at www.leadbit.com.

1.2. Registration can be undergone by natural persons, individual entrepreneurs and legal entities in person of their authorized representatives.

1.3. When all data in the registration form are filled in, the “Register” button is pressed and the “I agree with the terms of the Offer” box is checked, the Participants accept this Offer and unconditionally accept rules and terms of participation in LeadBit Partners Network.

1.4. To complete the registration procedure, the Participant must take the remaining registration steps in order to get access to the partnership network, namely: add LeadBit manager in the list of their Skype contacts, answer test questions of the manager and obtain access to the personal account.

1.5. If the Participant fails to comply with the aforementioned registration procedure, LeadBit reserves the right to reject registration without specifying the reason.

1.6. After registration and account activation, the Participant obtains access to the partners network. The Participant may independently change the data specified by it under the registration in its personal account except for the email address. If email address must be changed, the Participant shall apply to LeadBit manager with a request for change.

2. Subject Matter of the Offer. Rules of Participation in LeadBit Partners Network

2.1. The subject matter of this Offer is provision of access to LeadBit Partners Network located at the website on the Internet at the domain name of www.leadbit.com.

2.2. By registering at LeadBit website, accepting the terms of this Offer, and placing its materials, the Advertiser agrees and warrants that:

2.2.1. The Advertiser wills to enter in agreement with LeadBit and distribute its advertising materials in the Internet by the Web Masters registered at www.leadbit.com;

2.2.2. The Advertiser shall independently determine the goods and/or services to be advertised as well as advertising tools. LeadBit does not analyze the advertising materials against their compliance with current legislation. The Advertiser is the one who finally decides on placement of its advertising materials. The Advertiser warrants that LeadBit shall not be liable to any state controlling authorities and/or third parties for unreliable advertising information placed as well as for incompliance of the advertising materials with legislation of the country where they are distributed.

2.2.3. The advertising materials placed by the Advertiser shall not contain any unreliable information and any data prohibited for distribution, including, but not limited to, pornographic materials, terroristic threats, incitement of ethnic hatred, etc. If LeadBit is brought to liability by controlling authorities for a breach of this warranty by the Advertiser or if an action is brought against LeadBit in respect of these materials, LeadBit never held guilty, and the Advertiser must undertake all liability and reimburse LeadBit for all losses incurred by it.

2.2.4. The Advertiser’s advertising materials shall never breach ownership rights, copyrights, related rights, patent rights, rights to means of identification, personal and any other rights of third parties, and do not damage their honor, dignity, and business reputation. If LeadBit is brought to liability by controlling authorities for a breach of this warranty by the Advertiser, or if an action is brought against LeadBit in respect of these materials, LeadBit never held guilty, and the Advertiser shall bear all liability and reimburse LeadBit for all losses incurred by it.

2.2.5. The Advertiser shall have absolute authority in respect of trade marks, service marks, company and/or business name that are used to identify an advertised subject. By accepting terms of this Offer, the Advertiser also unconditionally gives its written consent to the use of the aforementioned means of identification in the course of advertising through LeadBit Partners Network.

2.3. By registering at the website of LeadBit, accepting terms of this Offer, and placing the Advertisers’ advertising materials, the Web Master agrees and warrants that:

2.3.1. The Web Master wills to enter in agreement with LeadBit and distribute the advertising materials of the Advertisers registered at www.leadbit.com in the Internet.

2.3.2. The Web Masters may independently on their own initiative produce the advertising materials on the goods/service of the Advertiser for distribution. The Web Master warrants that these advertising materials do not contain any unreliable information and any data prohibited for distribution, including, but not limited to, pornographic materials, terroristic threats, incitement of ethnic hatred, etc. If LeadBit is brought to liability by controlling authorities for a breach of this warranty by the Web Master or if an action is brought against LeadBit in respect of these materials, LeadBit never be held guilty, and the Web Master shall bear all liability and reimburse LeadBit for all losses incurred by it.

2.3.3. The Web Master shall independently determine websites for distribution and engage third parties to distribute the Advertisers’ materials. LeadBit does not analyze websites used by the Web Masters against their compliance with current legislation. The Web Master is the one who finally decides on placement of advertising at a certain website. The Web Master warrants that it excludes any websites that use the methods of forcing its visitors to make transactions, for example, forced click, forced sending SMS for a fee, or other similar methods, including, no advertising areas under development are permitted. The Web Master warrants that LeadBit is never liable to any state controlling authorities and/or third parties if the Web Master breaches its warranties. If LeadBit is brought to liability by controlling authorities for a breach of this warranty by the Web Master or if an action is brought against LeadBit in respect of these materials, LeadBit never held guilty, and the Web Master must undertake all liability and reimburse LeadBit for all losses incurred by it.

2.4. The Web Masters place the Advertisers’ advertising materials at their websites and at the websites of third parties engaged by them. When the Internet user visits the Advertiser’s website or otherwise communicates with the Advertiser through advertising materials that are placed at the websites of the Web Masters and/or third parties and perform a transaction (conversion action), the Web Master achieves the declared objection and receives its remuneration that was previously agreed. In this context, the transaction means previously set conversion actions (leads) carried out by the Internet users, for example, purchase of goods/services of the Advertiser, installation of the Advertiser’s mobile apps, mailing subscription, etc.

2.5. When accepting this Offer, the Participants are notified and agree that LeadBit monitors and registers all leads and provides the Participants with respective information as statistic data and calculates the remuneration. LeadBit finally decides on whether a transaction was performed or not. All statistic data are registered using the statistics system of leads counting located at www.leadbit.com. If any inconsistency is found in the statistic data of LeadBit, the Advertiser and/or Web Master, the statistics data of LeadBit shall prevail.

2.6. The Advertiser shall pay LeadBit for all leads performed on its advertising materials placed basing on LeadBit statistic data.

2.7. LeadBit website services are offered “as is” and may be suspended if any routine maintenance of the website is required, etc.

2.8. LeadBit decides on the access of the Web Master and Advertiser to the partners network.

3. Participants’ Warrants

3.1. The Participants warrant that personal and identification data entered by them under the registration procedure are valid and up-to-date. If any such data change, the Participants must promptly change them using their personal account or notify LeadBit of such changes in writing.

3.2. The Participants undertake all liability for integrity of their data (login and password) for access to LeadBit Partners’ Network and shall not transfer them to any third parties.

3.3. The network Participants undertake to restrain from any actions affecting the functioning of LeadBit Partners Network. These actions mean any attempts to technically influence operability of the partners network servers, attempts to hack protection mechanisms, use of viruses, Trojan horses, and other malicious software for any purpose; use of brut force attacks, DoS (DdoS) attacks, spam, links and other processes that may damage the partners network operation.

4. In LeadBit Partners Network, the following is prohibited:

4.1. An attempt to close a transaction using the methods and means that contradict to applicable law of the territory where the transaction is closed, or to this Offer, or additional rules of the Advertisers if they were announced in the course of placement of the advertising materials.

4.2. Application of advertising means that allow registration of a paid action but force a visitor to perform these actions through deception, extortion or other actions that hamper the visitor’s freedom of choice.

4.3. No technologies and types of cookie stuffing (cookie dropping) are allowed. One may not use any scripts allowing to specify cookies of websites not visited and seen by the user. One may not move, replace, wipe out cookies of the user for others that do not belong to the websites seen by the user, including substitution of cookies using pop-ups, inframe and substitution in the course of inserting address of an external page as an image on the existing website.

4.4. One may not register and/or use for promotion domains that are similar to the Advertisers’ websites domains.

4.5. The Participants must refrain from providing unreliable information misleading LeadBit in the course of registration as well as other information and data, including, but not limited to, in the course of advertising placement, registration of leads made, and remuneration.

4.6. If the Web Masters breach any warrants specified in items 4.1 to 4.5, their personal accounts will be blocked by LeadBit without any prior notice and compensation.

5. Payments to the Participants

5.1. The Web Master receives remuneration from LeadBit that directly depends on the leads received. In case the account needs a review, the hold on the payment can last for 2-4 weeks in average.

5.2. The Advertiser pays LeadBit remuneration that directly depends on the leads received by the Advertiser.

5.3. In each case, the amount of remuneration is determined by the type of the paid action and the tariff set by LeadBit for that action as at the moment when the conversion action was performed. LeadBit may change the tariff. The Participants shall read applicable as well as changed tariffs using the interface of LeadBit Partners Network. Registration of the Participants in LeadBit network means that they agree with applicable tariffs.

5.4. No other costs incurred by the network Participants related to placement and/or distribution of the advertising materials shall be compensated by LeadBit.

5.5. LeadBit maintains an internal settlement account for each Participant that is used complete all transactions of crediting and paying remuneration.

5.6. LeadBit pays remuneration to the Web Masters only for the orders that were submitted in a timely manner to the agreed deadline for payments generation. The Web Master independently specifies the amount payable as well as payment method offered by LeadBit. The amount paid may not exceed the total amount of remuneration on the Web Master’s account.

5.7. The Advertiser shall deposit its account with advance payment within three (3) banking days after registration at LeadBit Partners Network. The advance payment is used as soon as the Advertiser receives leads. The leads that were received but not paid by the Advertiser by the reason that the advance payment at its account ran short must be paid to LeadBit within three (3) banking days after LeadBit issues an invoice to the Advertiser in its personal account.

5.8. No interest will be accrued on the remuneration credited to LeadBit Participants’ accounts in LeadBit Partners Network irrespectively of the payment deadline.

6. Duration and Termination of the Offer

6.1. This Offer is concluded for unlimited term.

6.2. The Participants may terminate the agreement at their discretion at any time by sending a written notice of its termination thirty (30) calendar days before the termination date.

6.2.1. The Advertiser must compensate LeadBit for all expenses actually incurred by it as well as for the leads made basing on LeadBit statistic data.

6.3. All payments shall be made under the details specified by the Participants and LeadBit. The Participants are fully liable for correctness of the details that they specified during the registration.

6.4. LeadBit may terminate the agreement at its discretion at any moment by sending a written notice of termination thirty (30) calendar days before the termination date.

6.5. LeadBit shall be entitled at any moment terminate this agreement with any Participant of the network if the ground for termination is the breach of any terms of the agreement and/or current legislation of the country where it is located or a transaction is performed. If LeadBit suffers financial damage or other losses due to that breach, the party in default shall compensate it for the damage/losses under a written request of LeadBit.

7. Data Protection

7.1. LeadBit stores and processes data received only using registration forms and data entered in the Participants’ personal accounts as well as the data received in the course of participating in LeadBit Partners Network. If the Participants register at www.leadbit.com, they agree to the processing of the personal data specified by them.

7.2. LeadBit warrants integrity of the personal data. The personal data shall be used only to ensure operation of the partners network and shall not be transferred to any third parties.

7.3. The contact details received under the registration procedure by the Participants of LeadBit Partners Network are used to communicate between LeadBit Partners Network and its Participants.

7.4. The Participants shall keep the information received from LeadBit confidential and never transfer it to any third parties.

8. Rights to Use Information

8.1. The information used in the course of participation in LeadBit Partners Network may be used only in connection with execution of this Offer.

8.2. LeadBit provides the Participants with a temporary non-exclusive right to use LeadBit Partners Network during the term of this Offer. If this Offer is terminated, the right granted shall terminate.

9. Liability and Limited Liability

9.1. LeadBit shall not be liable for any damage or disturbances caused by the content of the websites of the network Participants or third parties engaged by them, errors in the Participants’ software or hardware as well as for the damage resulted from insufficient availability or limited functionality of the Internet.

10. Amendment of These Rules

10.1 LeadBit remains the right to change provisions of this Offer at any time without specifying the reasons.

11. Final Provisions

11.1. If some provisions of these Rules are fully or partially invalidated, the other provisions will remain in force. That invalidated provision shall be replaced by another provision that is the nearest in meaning and purpose. The same rule applies to possible omissions in these Rules.

11.2. To resolve a dispute in court, the applicable law of the country where the advertising is distributed will be applied.

11.3. To use LeadBit Partners Network, certain hardware and software complexes, telecommunications networks, and services of third-party organizations are required. LeadBit shall not be liable for any expenses resulted from that or possible damage or disturbances.

11.4. The text of this document is owned by LeadBit and it may not be copied and/or used without a written consent of LeadBit.