Terms of Use

1. Service

   1. With the help of the Website SellAction for the remuneration (commission charge) provides to Webmasters and Advertisers (hereinafter collectively referred to as the «Users», and severally as the «User») an ability to conclude mutually beneficial transactions, subject of which is providing advertising services on the Internet. Advertising services, provided by SellAction, hereinafter are referred to as the «Service».

   2. Certain uses of the Service and conduct of the Parties may be prohibited by these Terms of Use, related documents and the applicable laws.

2. Acceptance of Terms of Use

   1. By using, including visiting of this Website and/or creating an account and obtaining the User status, You accept and agree with all terms and notices, contained or referenced on the Website («Terms of Use»). Please read the following Terms of Use carefully. If You do not agree to the Terms of Use, do not use this Website and Service.

   2. SellAction reserves the right to change the Terms of Use at any time, without prior notice to the User. For this reason, we encourage You to review these Terms of Use whenever You use our Website. If You breach any of the Terms of Use, sanctions, specified in paragraph 13.1. of these Terms of Use can be applied to You.

3. Payment for using the Service

   1. SellAction commission charge shall be paid simultaneously with the payment of primary remuneration and at the expense of Advertiser.

   2. After confirmation of success of the transaction in order defined by paragraph 7 of the Terms, the Advertiser in its sole discretion defines a term, within which, he is obliged to pay the remuneration to Webmaster.

   3. Payment through the Website may be made by one of the stipulated means:

      • by conventional units on your virtual balance on a personal account that is created after registration on the Website. Virtual balance shall be previously deposited in the manner specified in section 3.5.
      • directly by credit card or other means of payment, which maintain on the Website with or without registration on the Website (hereinafter referred to as «Fast Checkout»).

4. Eligibility

   1. To be eligible to register and create an account, You shall comply with all requirements related to conducting business activity (including, but not limited to capacity, existence, where appropriate, of licenses, permissions et al., as well as transactions closing order, which are specified at least in Your Jurisdiction (term «Jurisdiction» is articulated in section 9.1.). By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms of Use. SellAction reserves the right, in its sole and absolute discretion, to refuse to any person using the Service.

5. Registration

   1. To create an account Webmater shall fill the Registration form, which is available on the Website.

   2. After completing the Registration form Webmaster receives a letter from SellAction, which contains a link for account activation.

   3. The Advertiser can create an account in its sole discretion in the manner specified in sections 5.1-5.2 of Terms or instruct the Service administrator to create an account. For this end the Advertiser forwards appropriate request on Service administrator e-mail address support@sellaction.net

6. Cooperation of Users

   1. Users cooperate throughout the Affiliates programs, which provisions are specified by sole discretion of each Advertiser, in recognition to allowed measures specified in these Terms.

   2. The procedure of obtaining the status of «Affiliate program Participant" consists of three stages: 1) feeling of application by Webmaster to participate in the Affiliate program, 2) selection of Webmaster by Advertiser (moderation), 3) connection of Webmaster to Affiliate Program.

   3. Prior to the connection of Webmaster to Affiliate program, Webmaster has the right to refuse from providing the services, envisaged in Affiliate program.

   4. If further to moderation Advertiser wishes to cooperate with the Webmaster, the Webmaster shall be connected to an Affiliate program.

   5. In case of Webmaster’s inactivity after he was connected to the Affiliate Program, he/she cannot be removed from Affiliate Program by Service administrator.

   6. Webmaster can be removed from the Affiliate Program by the Advertiser only if such right is expressly provided by Affiliate Program.

   7. After connection of the Webmaster to the Affiliate Program, Webmaster and Advertiser may enter into transactions.

7. Confirmation of transaction success

   1. The proof of transaction success is a confirmation made by Advertiser and certified by SellAction.

   2. The confirmation by Advertiser shall be made by repetitive (but not less than once in 10 days) data reconciliation with SellAction.

8. Settlement of accounts

   1. The remuneration amount shall be defined with regard to payment terms stipulated in the Affiliate Program, which is the basis for cooperation between Webmaster and Advertiser.

   2. The Advertiser remains the right to change at any time the payment terms of Webmaster services, which are stipulated in Affiliate Program. Since been made, such changes will be taken into account in the following calculation of remuneration amount. These changes will not influence on remuneration amount for services provided until changes of payment terms were made.

   3. Each Webmaster has a personal multi-currency account (an account in exchange units that are an equivalent to money in different currency) in WebMoney system. Funds charged to this account, can be siphoned off only in currency, used for charging by Web Money system or аny other mean, which is not prohibited by applicable legislation.

   4. To receive the remuneration Webmaster shall primary fill an application which will be processed during __ calendar days.

   5. The Advertiser is responsible for paying all fees, charges and applicable taxes associated with the use of the Service. Unless otherwise stated, payment of all fees and charges must be made by a valid, approved credit, debit or charge card at the time of remuneration payment to the Webmaster.

   6. The Webmaster is responsible for paying all fees, charges and taxes associated with receiving remuneration from the Advertiser.

9. Local Laws, Service Not Available in Some States

   1. You are subject to the laws of the country, state, city (collectively «Jurisdiction») in which You reside and/or from which You access the Website and the Service. Access to the Website may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is Your responsibility to determine the law that applies in the applicable Jurisdiction and SellAction does not make any representation or warranty, express or implied, as to the lawfulness of Your participation in or use of the Service on this Website.

   2. You agree to be solely responsible for compliance with any and all applicable local laws of the Jurisdiction from which you use this Website or Service.

   3. If You open an account and/or participate in the Service offered on the Website while located in a prohibited Jurisdiction, You can be in violation of the law of such Jurisdiction and these Terms of Use. As a consequence, Your account could be suspended or terminated.

10. Disclaimer of Warranties and Limitation of Liability

    1. Disclaimer of Warranties

       1. Users expressly agree that use of the Website and the Service is done at their sole risk. Neither SellAction nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services, warrant that websites, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors.

       2. Furthermore, SellAction shall not be responsible for any opinions, views, advice or statements posted on the Website (including, without limitation, in any public posting areas of the Website) by any person or entity other than an authorized SellAction spokesperson. Advertisers, content providers, Users, guests, independent writers and experts are not authorized SellAction spokespersons.

11. Disclaimer of Liability

    1. SellAction does not guarantee uninterrupted or secure access to the Website or any related services. The operation of the website may be interfered with by numerous factors outside the control of SellAction. You expressly understand and agree that SellAction will not be liable for any damages of any kind arising from the use of or inability to use this Website and/or the Service, software, or any related services, including, but not limited to, direct, indirect, incidental, consequential, special damages whether such claim is based on warranty, contract, tort (including negligence).

    2. 11.2.The User hereby acknowledges that paragraph 10 shall apply to all content, merchandise, and services available through the Website. Such limitation of liability shall apply whether the damages arise from use or misuse of SellAction’s goods or services, from inability to use SellAction’s goods or services, or from the interruption, suspension, or termination of SellAction’s services. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.

12. User’s Responsibility

    1. Account Data

       12.1.1.When you create an account, You represent that You meet all requirements stipulated in Item 4.1. hereof. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the SellAction’s registration form (the «Registration Data») and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or SellAction has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SellAction has the right to suspend or terminate Your account. You are responsible for paying all fees and charges (including applicable taxes) associated with the use of the Website and Service under Your account.

    2. Non-disclosure

       12.2.1.Once You have selected a unique username and password («Identifiers») for Your account, it is Your responsibility to keep these Identifiers secure and confidential. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify SellAction by sending an email to support@sellaction.net, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of SellAction. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used (and where You have not previously notified SellAction as provided herein) will be treated as valid.

    3. Personal use

       12.3.1.Only one account is allowed per User. Your account is not transferable. Under no circumstances shall You allow or permit any other person, including without limitation any person under the legal age to use the Service in Your applicable Jurisdiction, and in no event any person under the age of 16, to use Your account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.

13. Circumvention

    1. User acknowledges and agrees that User shall not circumvent or attempt to circumvent any of these Terms of Use, the Service offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a «Circumvention Act»). If SellAction determines, in its sole discretion, that User has engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise commit fraud with regard to the Website, then, in such an event, User will be subject to suspension or termination of User’s access to the Website and/or Service, and SellAction reserves the right to institute civil or criminal proceedings against User and to report User to the relevant regulatory authorities.

14. Intellectual Property

    1. All Service and all content on this Website are owned by SellAction and protected by international copyright laws. All Rights Reserved. SellAction does not claim ownership of copyrights owned by third parties.

    2. You acknowledge and agree that all content and materials available on the Website, are protected by, but not limited to copyrights, trademarks, patents, trade secrets, know-how. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Website is strictly prohibited without an express written permission of SellAction. Except as expressly authorized by SellAction, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other intellectual property rights. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.

15. Privacy

    1. SellAction respects the privacy of Users. Please see our Privacy Policy relating to the collection and use of Your information. User acknowledges and agrees that this Privacy Policy settles, including, but not limited to the manner in which 15.1. SellAction collects, uses and discloses User’s personally identifiable information, is an integral part of Terms of Use. If User does not agree to each and every part of Privacy Policy, then he/she should not use the Website or submit any personally identifiable information through this Website.

16. Links to other websites

    1. This Website may contain several links to other websites and may forward Users to other websites within the same Internet browser window. These websites are not under the control of SellAction, and the existence of a link on the Web Site does not imply any endorsement of the linked websites by SellAction or any affiliation between SellAction and the owners of the linked websites. SellAction makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policy, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that SellAction has no responsibility to You with respect to such material. SellAction encourages You to examine the privacy policy and/or terms of use policies before using any third party website.

17. Termination

    1. These Terms of Use are effective until terminated by either party. User may terminate these terms at any time by discontinuing use of the Website. User’s access to the Website may be terminated immediately without notice from SellAction if in our sole discretion User fails to comply with any term or provision of these Terms of Use. We reserve the right to refuse service to anyone for any reason at any time.

    2. We reserve the right to modify or terminate the Website for any reason, without notice at any time. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Website.

18. Indemnification

    1. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, SellAction partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

19. Applicable Law/Jurisdiction

    1. You agree that Terms of Use, Privacy Policy, without reference to its conflict of laws principles and relations between You ans SellAction will be governed by:

       • the laws of the England – in case you are not a citizen or resident of SellAction official registration country;
       • the laws of SellAction official registration country – in case you are a citizen or resident of SellAction official registration country.

    2. User hereby irrevocably and unconditionally consents to jurisdiction of the courts with jurisdiction over the official place of SellAction's registration.