SARAFAN TERMS AND CONDITIONS

Recent update: 01.06.2018

Sarafan Terms and conditions (“Agreement”) specify all aspects of your participation in the Sarafan Program (“Program”) and the usage of Sarafan search and Sarafan advertising services (“Services”). “We”, “us, “ours”, “Sarafan” means Sarafan Technology Inc. “You”, “publisher” or “web site owner” – means the private person or company using Sarafan tools (“Tools”) and Services.

The Program enables you to get the earnings from the content you had created (“Content”) at the website, social media accounts, blogs you operate (“Property”) by displaying ads (“Ads”) provided by an advertiser (“Advertiser”) on Sarafan Tools. By applying for the participation in the Program and using Services, you agree to the Agreement. If you don’t agree to the Agreement, please don’t apply for the participation in Sarafan Program.

1. Access to the Services

In order to start using Services, you need to get the individual Sarafan Account (an “Account”). In order to open and verify your Account Sarafan may ask for supplementary documentation and information including identifying information. Acceptance at and participation in the Sarafan Program completely depends on the decision of Sarafan. Sarafan has the right to change Agreement at any time by informing on www.sarafan.tech. Such modifications shall be effective and applicable immediately. If after the launch of modification, you continue to use Program this automatically means that you accept the changes. Sarafan has the right to stop at any time, modify, replace, upgrade Sarafan Program completely or in some parts, with or without noticing you.

By applying at the Program, you confirm that you’re at least 18 years old. The publisher may have only one Account. If Sarafan would identify that you use several accounts all of them would be terminated. You are responsible for the security of your account. For example, you shouldn’t pass login and password from your Account to the third party. If you suspect that security of your account has been breached you have to inform Sarafan immediately.

By entering at Sarafan program you permit Sarafan to display advertisement in Sarafan widget at your Property.

2. Sarafan Tools and Services

Sarafan may change and modify Tools and Services, adding or deleting functionalities at any time. You shall not use Sarafan Tools and Services for any purpose not defined in the Agreement. You have to follow all rules, guidelines, technical documentations linked with the Sarafan Tools and Services. If you don’t agree with such changes, you could stop using Sarafan Program by removing the Sarafan code from your Properties.

3. Restrictions

You shall not by yourself or with the assistance of others, directly or indirectly: (1) use Sarafan Tools and Services in the ways not described in the Agreement; (2) change Sarafan code; (3) display or click on any search results or advertising (either independently or through third-party involvement) manually and / or using any possible hardware and software, including by using any automatic playback methods impressions and clicks (multiple clicks, use of agent programs, spiders bots etc.), but not limited to; (4) interfere or overload Sarafan tools; (5) change any information on Sarafan Tools; (6) provide access of the third party to Sarafan Account, Tools and Services; (7) interfere statistics gathered by Sarafan Tools; (8) use any tools in order to derive financial benefit from Sarafan; (9) to have among your content unsolicited advertising, spam, unethical or unwanted commercial content, or unlawful or objectionable content; (10) use names, branded terms or trademarks of Sarafan or Advertiser in order to rise traffic amounts; (11) use names, logos, trademarks and any other content related to the Sarafan or Advertiser in any paid marketing materials, without prior express written consent (11) use affiliate fraud techniques; (12) use any services or programs in order to bypass any code which may be included in order to prevent the violation of the Agreement from your side; (13) publish any materials that violated the Applicable Laws or any third party’s right of privacy or publicity; (14) violate the Applicable Law in the area of copyright, trade and service marks or intellectual property right; (15) violate Applicable Laws; (16) display any Content that contains any pornographic, hate-related, violent, defamatory, fraudulent or illegal content; (17) use cookies or other technologies in order to collect personal information; and (18) publish any confidential information of the third party, identity yourself as an another person.

4. Earnings and payments

You may get the compensation (“Earnings”) from the valid clicks (“Actions”) on Sarafan tools displayed on your Properties made by users. The cost of specific Action based on the data shown in our Account. Rates amount is defined by Sarafan and could be changed at any time without notice.

To make sure that Earnings transfer (“Payment”) is made properly you are responsible for providing actual and accurate bank and contact information in your Account.

Payment is made ones a month providing that the balance on your account had reached the amount of 100 USD. Payment is made via PayPal account. Sarafan may change the payment method any time by publishing а note at www.sarafan.tech.

Earnings calculation is made solely on the base of Sarafan accounting. You agree that if Sarafan for any reason hasn’t received the Payment from Advertiser, Sarafan may not pay you until the payment would be made.

Sarafan may withhold or adjust Payment if find out the facts of invalid activity like invalid clicks or any other invalid events originated on your IP address or computer. If Sarafan would detect invalid activity happening either before or after payment Sarafan has the right to debit Account.

If you disagree with the Earnings amount you must notify Sarafan within 30 days of such Payment, non-payment or termination. If no notification had been sent any claim related to the payment is waived.

You may stop using Services any time by informing Sarafan at e-mail help@sarafan.tech (!!!) Sarafan would close your account within 10 business days after receiving the e-mail and pay you the balance within 30 days after the end of the calendar month in which you had informed Sarafan about the termination.

The following Actions are not considered as a proper in order to get Payment: (1) Actions made via fraudulent or misleading technics and originated from your IP addresses or your machines; (2) Actions generated by boots or by any program or device; (3) Actions generated through the users’ misrepresentation or financial stimulation for making Actions; (4) Actions generated through the violation of the Agreement or any Applicable Law, what could be solely determined by Sarafan.

5. Taxes

You are responsible for any and all applicable taxes appeared in the connection with your earnings from the Sarafan Program. Sarafan is responsible for all taxes appeared in the connection with the transactions between Sarafan and advertisers as the result of Ads displayed on your Properties. If the legal case would appear (based on Applicable Laws) Sarafan could deduct applicable tax from payments owed to you.

6. Systems testing

Sarafan may periodically conduct tests that may affect the usage of Tools and Services. You agree that Sarafan may conduct such tests without notice.

7. Terms and termination

The Agreement is effective from the moment of your application to Sarafan Program and continues until terminated (“Term”). You may terminate this Agreement any time by informing Sarafan by e-mail info@sarafan.tech Sarafan may terminate this Agreement and your participance in Sarafan Program any time without notice if you would be suspected in the Agreement terms violation.

8. Intellectual property

“Intellectual Property Rights” – patent, trade secret, license, trademark or program and any other intellection property right. Sarafan Intellectual Property Right also include widgets or scripts installed on Publisher Property. All data collected via usage of such tools owned by Sarafan.

Neither Publisher or Sarafan will acquire any right or interest in the intellectual property rights belonging to the other party or to the other party’s licensors.

Publisher allows to Sarafan to analyses images published on the Property in order to make proper search and comparison. However, materials belong to the Publisher.

Sarafan may include your name and Brand Features into marketing materials, customer lists and financial reports.

9. Warranties

You represent and warrant that you have authority to enter into the Sarafan Program, you are the owner of the Property or you are legally authorized to represent the owner of the Property. You warrant that you are making all decisions (contextual and technical) linked with the Property and you have complete control over the processes of Services implementation. You warrant that content on your Property belongs to you. You warrant that all information provided by you to Sarafan is accurate, updated and correct. You warrant that you are in age 18 years old. You warrant that you wouldn’t make any disparaging statement about Sarafan and Advertisers. Disparaging means – denigrative for reputation goods or services.

SARAFAN DON’T MAKE ANY REPRESENTATION OR WARRANTY, WPRESS OR IMPLIED STATUTORY OR OTHERWISE REGARDING SERVICES. WE DON’T GUARANTEE THAT SERVICES AND TOOLS WOULD APPEAR ON EVERY PAGE OF PROPERTY. WE DON’T MAKE ANY COMMITMENTS REGARDING NON-INFRINGEMENT, QUALITY, ACCURACY, FITNESS TO ANY PARTICULAR PURPOSE, PROFITABILITY, RELIABILITY AND AVAILABILITY. SARAFAN DOESN’T WARRANT THAT OUR SERVICES WOULD MEET ALL YOUR EXPECTATIONS, THAT ACCESS TO OR USE OF SARAFAN TOOLS AND SERVICES WOULD BE STABLE, SECURE OR PARTICIPATION IN SARAFAN PROGRAM WOULD BRING YOU ANY MINIMUM EARNINGS. TO THE EXTENT ALLOWED BY THE APPLICABLE LAW WE EXCLUDE ALL WARRANTIES EXPRESSED OR IMPLIED. WE PROVIDE EACH SERVICE AND TOOL “AS IS” AND “AS AVAILABLE”. IF YOU ARE NOT SATISFIED WITH SARAFAN PROGRAMM YOU COULD

10. Privacy protection

Sarafan respects your privacy and protects your personal data in the best possible way. Read more in our Data privacy policy

11.Confidentiality

You agree not to disclose Sarafan Confidential Information without Sarafan prior written consent. Sarafan Confidential information (“Confidential information”) – any oral, written or graphic information including, but not limited to: (1) any information provided in Account (statistical data, Gaining, Clicks, finances); (2) any information linked with Sarafan and any Advertiser which was defined as Confidential orally or confirmed in writing

Confidential Information does not include information that becomes public through no fault of yours, was lawfully passed to you by a third party or was public before you had started to participate in Sarafan Program.

12. Limitation of liability

TO THE EXTENT ALLOWED BY THE APPLICABLE LAW IN NO EVENT SARAFAN SHALL NOT BE SUBJECTED FOR ANY LOSS OF PROFITS, DATA, INTELLECTUAL PROPERTY, GOODWILL AND ANY OTHER LOSSES. SARAFAN TERMS ARE LIMITED TO THE NET AMOUNT RECEIVED BY YOU IN THE CONNECTION WITH THE USAGE OF SARAFAN TOOLS ACCORDING TO THIS AGREEMENT.

13. Indemnification

You agree to indemnify and defend Sarafan, Advertisers and partners from and against any and all claims, liability, settlements, loss, and expense, brought against Sarafan, Advertiser and partners arising in the relation to your use of Sarafan Tools, your violation of the Agreement or Applicable Laws. You warrant to cooperate with Sarafan in the defense of any claim.

14. Miscellaneous

Arbitration: All aspects of the Agreement and the rights and duties of the parties will be governed by and construed in accordance with the laws of the State of Delaware in the United States.

Rights transfer: You may not transfer any of your rights under the Agreement.

Force Majeure: In no event shall the Sarafan or you be responsible or liable for any failure or delay in the performance of the obligations caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Constitution of waiver: No waiver by either party of any breach of any provision hereof shall constitute a waiver of any other breach of that or any other provision hereof. If any part, term or provision herein is determined to be invalid or unenforceable, the remainder of the terms and conditions herein shall not be affected and shall otherwise remain in full force and effect.

Communication: All notices required or permitted under this Agreement to Sarafan should be provided in writing and sent to: Sarafan Technology, 838 6 Ave., 6 Fl., New York, NY 10001 or at info@sarafan.tech.

 
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