The Partner agreement

The present Agreement is a public offer and contains conditions and participation order of the natural and legal persons in the Partner Program of the intellectual games Club «FP CLUB» which main purpose is to attract new Users and also the popularisation and development of a game server «FP CLUB».

1. GENERAL REGULATIONS
   
   1.1. When registering on a game server «FP CLUB» as a Partner for the purpose of new Users involvement, the Applicant expresses the consent with all conditions accumulated in the present Agreement and becomes a participant of the Partner Program.


2. TERMS AND DEFINITIONS
   
   2.1. «Applicant» is a natural or legal person who accepted an offer of the game server «FP CLUB» and made an application on the registration as a Partner, within the whole period of consideration of the presented documents before the getting of the Partner status.
   
   2.2. «Partner» is a natural or legal person registered on the game server «FP CLUB» in such status and accepted in the Partner Program and carrying out all rules and conditions of the Agreement.
   
   2.3. «The Partner account» is a special account which is opened to each Partner after successful registration and acceptance of conditions of the Agreement.
   
   2.4. «The Partner commission» is a sum which is due to be paid to the Partner and is counted on the basis of the data of the game server «FP CLUB» financial system.
   
   2.5. «The Partner number» is a numerical code which is given to the Partner during the registration of participation in the Partner Program.
   
   2.6. «Banner» is a graphic element placed on web sites in the advertising purposes. With the help of this banner the redirection via hyperlink from a web site (sites) to the www.fpclub.eu site of the game server «FP CLUB» is carried out.
   
   2.7. «Fraud» is the depositing, income getting or any other actions related to the game server «FP CLUB» conducted in illegal ways or unfair intention to get benefits fraudulently. The given actions include (but not limited) the following: spamming, an unfair advertising, depositing from the stolen credit cards, collusion, any manipulations with services, system, bonuses, awards and so forth, proposals to divide the Partner Commission obviously or unobviously with Players and other unauthorized use of exterior accounts, copyrights, trade marks.
   
   2.8. «The Monthly income» is an income as of the end of the calendar month for the definition of the Partner’s commission size which is usually paid after the end of each calendar month.
   
   2.9. «Promo-code» is a unique code consisting of letters and figures of the Latin alphabet which the User can enter at the registration on the game server «FP CLUB». At the registration with the use of a code the system automatically attaches the User to the Partner to whom the given promo-code is given.
   
   2.10. «Spam» is a mass not personified mailing with the use of special programs, mails or any other messages advertising the game server «FP CLUB» spread by the Partner to individuals who have not expressed desires and the consent to get them.
   
   2.11. «The Tracing code» is a unique hyperlink (URL) on the site www.fpclub.eu through which the Partner sends his potential Players from his site. The User come via such a link and registered on the game server «FP CLUB» is automatically fixed to that Partner.


3. PERSONAL INFORMATION
   
   3.1. Personal data and disclosure of the information by the Partner. The Partner must give reliable and full information requested at the registration form filling in including: personal data, the contact information, payment requisites, citizenship, the data about participation in Partner programs of other web sites and also any other information which the Administration of the game server «FP CLUB» has the right to request.


4. REGISTRATION
   
   4.1. For the participation in the Partner Program the Applicant at the moment of acceptance of the given Agreement must be 18 (eighteen) y.o. and live on the territory of the State where the activity concerning the organization and carrying out of games with the use of information-telecommunication networks (including the Internet network) and communication facilities (including a mobile communication) is not forbidden.
   
   4.2. The Agreement comes into force after the registration form filling in and the reception by the Applicant on the e-mail specified at the registration the acknowledgement of his registration as a Partner, containing the link, login and password for the access to the Partner private office, and terms and conditions of the individual contract agreed with the Partner. In case of the rejection of application the Administration of the game server «FP CLUB» will notify the Applicant about the refusal on the e-mail address specified in the registration form.
   
   4.3. The personal contract between the Partner and Administration of the game server «FP CLUB» is concluded not later than 30 (thirty) calendar days from the moment of the Partner registration. Data and conditions containing in the personal contract have the status of commercial confidentiality and are considered to be exclusive for the execution by the Parties.
   
   4.4. The Applicant can not register more than one unique number of the Partner or the Partner’s account without preliminary written consent of the Administration of the game server «FP CLUB».


5. THE RIGHTS AND DUTIES OF THE PARTIES
   
   5.1. The Partner is obliged with his own forces and at own expense to carry out the involvement of potential users on a game server «FP CLUB». The partner bears an exclusive responsibility for the substance and methods of his actions. At the same time the Partner expresses the consent that all actions directed on the involvement of potential clients should be prepared in professional and proper ways, and should not contradict the law or break it.
   
   5.2. The Partner guarantees that he will not place advertising materials including banners or text links connected with the game server «FP CLUB» on any web site or with the use of any mass-media channels which contain the following:
   
   
   • • Breaking intellectual property right;
   • • Proclaiming discrimination on a national or racial ethnicity, gender, religion, sexual orientation.
   • • Being slanderous, obscene or illegal;
   • • Having obviously sexual character, pornographic, obscene, provoking hate or cruelty;
   • • Other materials which are considered to be inappropriate at the discretion of Administration of the game server «FP CLUB».
   
   5.3. The Partner’s actions directed on the potential users involvement of the game server «FP CLUB» must not be addressed to individuals under 18 (eighteen) y.o. regardless of the majority attainment age determined in the countries of the game server «FP CLUB» promotion.
   
   5.4. The Partner is obliged not to use Spam and/or software forbidden by the game server «FP CLUB» Administration in the activity directed on the potential users involvement of the game server «FP CLUB». Banners and text links cannot be distributed with the help of spam, undesirable advertising, forums, chats, bots or the forbidden software.
   
   5.5. The Partner is obliged not to accrue any benefits with the help of any Fraud actions - obvious or unobvious. The game server «FP CLUB» Administration reserves the right to block or not to pay a commission to the Partner if the commission arose due to the Fraud actions regardless of the fact whether the Partner was involved in these actions or not. In case if the Administration defines that the Partner was involved in the Fraud actions or accrued any benefits out of it, the Administration reserves the right to terminate the present agreement immediately with the loss by the Partner of all Partner commissions.
   
   5.6. The Partner is obliged not to earn the Partner commission in illegal ways. Having violated the given condition the Partner loses all earned commission. Herewith the Administration of the game server «FP CLUB» reserves the right to terminate the present Agreement.
   
   5.7. For the purpose of the potential users involvement of the game server «FP CLUB» the Partner is obliged to use only those banners, text links and any other advertising materials which have been given by the game server «FP CLUB» Administration, and/or preliminary approved by the Administration of the game server «FP CLUB». During the validity period of the present Agreement the Partner is granted the nonexclusive nontransferable and time limited right to use banners, text links and any other advertising materials for the only purpose to direct potential users on the game server «FP CLUB». Under no circumstances the Partner is forbidden to use the given materials in the way which misleads potential or valid users of the game server «FP CLUB». In case of this condition infringement the Partner loses all earned commission payments. Herewith the game server «FP CLUB» Administration reserves the right to terminate the present Agreement.
   
   5.8. Generally methodical instructions, graphic decisions and texts are given to the Partner free of charge. However CDs and other specialized advertising materials are paid at cost additionally via the deduction from the commission earned by the Partner.
   
   5.9. The Partner is obliged not to modify and change banners, text links or other advertising materials without preliminary written consent of the game server «FP CLUB» Administration.
   
   5.10. The game server «FP CLUB» Administration reserves the right to demand from the Partner the refutation of any information distributed by him for the involvement of the game server «FP CLUB» potential users.
   
   5.11. The Partner has no right to share his commission award with any other Partner of the game server «FP CLUB».


6. REFUSAL FROM THE COMPETITION
   
   6.1. Involving potential users of the game server «FP CLUB» the Partner is obliged not to make actions which can lead to the competition between the Partner and the Administration of the game server «FP CLUB». In case of the infringement of the given condition the Partner loses all earned commission. Herewith the Administration of the game server «FP CLUB» reserves the right to terminate the present Agreement.
   
   6.2. The Partner can not buy or possess the domains including words FP, FPClub, Fair Play, Fair Play Club without the written approval of the game server «FP CLUB» Administration.
   
   6.3. The Partner has not the right to place in any way links and pages in the Internet which redirect the user on the site www.fpclub.eu without his permission.
   
   6.4. The Partner cannot use words or phrases including FP, FPClub, Fair Play, Fair Play Club and their any combinations for the purpose of optimization of pages of his site or several sites and also to do updating of HTML-code, a content and structure of his site for the purpose of his rating raising in the searching systems by inquiries FP, FPClub, Fair Play, Fair Play Club. It is forbidden to use any combinations of the above-stated words in URL pages and sites.
   
   6.5. The Partner has no right to create, set up, place or pay for the links placing having keywords FP, FPClub, Fair Play, Fair Play Club on any external sites and other places.


7. COMMISSION PAYMENTS TO THE PARTNER
   
   7.1. After the registration the Partner gets an access to the special Partner account and an office with statistics concerning his profit from the game server «FP CLUB» gained by the Users attracted by him. The User is considered to be involved by the Partner if he registered on the game server «FP CLUB» with the use of the Partner links or the Promo-code and deposited minimum 5 (five) Euros within one calendar month from the moment of his registration. The profit of the game server «FP CLUB» from the User is counted as a total sum of the User’s profit minus the sum of the bonuses received by him.
   
   7.2. The Administration of the game server «FP CLUB» pays monthly to the Partner a commission award transferring it to the special Partner account according to the accepted scheme of the payment published on the site www.fpclub.eu. The payment is held not later than on the 15 (fifteenth) day of the month following the assessment month. The Partner can transfer the obtained award by all ways accessible on the game server «FP CLUB», and also can carry out transfers to players from his program. If the balance of the Partner is negative for any month (the size of bonuses of players from his program is more than the brought profit) then the losses are covered from the Partner income for the next month.
   
   7.3. The Administration of the game server «FP CLUB» has the right to terminate unilaterally the present Agreement if the Partner cannot provide an active game, not less than five Users and (or) the total income of his players does not exceed 100 (hundred) Euros within three months from the moment of the introduction into the Partner Program.
   
   7.4. In case of Partner’s disagreement with the commission size he can take an appeal in a written form to the game server «FP CLUB» Administration with the reasons of disagreement not later than 15 (fifteen) calendar days from the moment of the compensation payment. The decision on the given appeal must be taken by the game server «FP CLUB» Administration within 15 (fifteen) calendar days from the moment of the Partner’s taking the appeal.
   
   7.5. The Administration has the right to delay the payment of the Partner commission for the term up to three days in case of occurrence of suspicions in a fraud concerning Partner directly or indirectly. If the fact of the fraud is proved the Administration of the game server «FP CLUB» has the right at own discretion to terminate the present Agreement and also to refuse the commission payment.
   
   7.6. All payments are carried out in the currency of the EU countries – «Euro».
   
   7.7. For getting the commission by the Partner the Users involved by him must carry out the registration with the use of the Promo-code or the Tracing code. The Administration of the game server «FP CLUB» does not bear responsibility for the impossibility of registration of the User with the help of Promo-codes or Tracing codes because of the system failure, mistakes of the Partner or the User.


8. AGREEMENT TERMINATION
   
   8.1. The Partner can terminate this Agreement at presence or absence of the reason immediately after the notification of the Administration of the game server «FP CLUB» in a written form. Besides, the Partner can stop the involvement of potential users of the game server «FP CLUB» at any time.
   
   8.2. The Administration of a game server «FP CLUB» can terminate the present Agreement at presence or absence of any reason informing the Partner about it in a written form 30 (thirty) calendar days before. The agreement can be terminated immediately, without the notification if there was an infringement of one or several points of the Agreement directly providing the immediate cancellation of the given Agreement in case of their infringement.
   
   8.3. From the moment of cancellation of the given Agreement:
   
   
   • • The Partner is obliged to stop all actions for the involvement of potential users of the game server «FP CLUB».
   • • The Partner is obliged to return all confidential information and its copies concerning the game server «FP CLUB».
   • • The Administration of the game server «FP CLUB» can leave active, redirect or deactivate any codes and links at own discretion without any obligations to pay to the Partner for new Users who will come or could come using the given codes and links.
   
   8.4. If the Partner account is closed for any reason provided by the present Agreement, the «FP CLUB» Administration reserves the right to terminate all activity of the Partner related to the game server «FP CLUB» including but not limiting, the deduction of the Partner’s commission without the prior notification. In this case the Administration reserves the right to use any left money on the Partner’s account at own discretion. If the Partner was suspected in a Fraud the Administration of the server «FP CLUB» can delay the commission payment for the term up to 180 (hundred and eighty) days (from the date of the payment depositing) to be convinced that payments are done correctly and any fraud activity was not carried out.


9. THE RESPONSIBILITY OF THE PARTIES
   
   9.1. The Administration of the game server «FP CLUB» does not bear the damage liability caused to the Partner in the result of failures in the game server «FP CLUB» work. The Administration of the game server «FP CLUB» does not guarantee that the software of the game server and the programs of the client do not contain errors or will function without fail.
   
   9.2. The Administration of the game server «FP CLUB» does not bear responsibility for the temporary technical failures and breaks in the game server «FP CLUB» work, for the temporary failures and breaks in the work of the Partner’s communication lines, other similar failures and also for the working capacity of the computer from which the Partner is provided with the Internet connection.
   
   9.3. The Administration of the game server «FP CLUB» does not bear responsibility for the causing of any damage by the Partner to the third parties as a result of the Partner’s activity.
   
   9.4. The obligations of the commission payment to the Partner by the game server «FP CLUB» following from the present Agreement are defined exclusively by the sum of the players’ incomes on the game server «FP CLUB» involved by the Partner.
   
   9.5. The responsibility for the payment of all taxes and levies from the commission according to the legislation applied to the Partner, the Partner is responsible himself. The game server «FP CLUB» Administration does not bear responsibility for the Partner’s actions related to the payment of taxes and levies.
   
   9.6. The Partner refunds to the game server Administration the losses caused as a result of the Administration bringing to the liability of conditions infringement of the games organization in the Internet network established by the legislation applied to the Partner.
   
   9.7. The responsibility of the game server «FP CLUB» Administration to the Partner is limited by the sum of his commission and can’t be additionally expanded under any circumstances or include the payment of any penalties, fines and penalties to the Partner.


10. FINAL REGULATIONS
    
    10.1. The Partner must be acquainted with the current legislation regulating the activity in the sphere of the games organization on the territory of the residing country.
    
    10.2. Users involved by the Partner are fixed to the Partner for all action period of the given Agreement if other regulations are agreed between the Parties.
    
    10.3. The making of the present Agreement with the Partner does not lead to the creation of the legal person of any legal form and also does not lead to the Partner’s job placement in the company-owner of the game server «FP CLUB».
    
    10.4. The consent to enter the Partner Program means that the Partner recognizes that he is acquainted with all conditions of the present Agreement, fully accepts them for the appropriate execution and bears responsibility up to the execution of the obligations arisen within the frames of the Agreement.
    
    10.5. The Partner is obliged not to reveal marketing plans, concepts, structure and other information recognized by the Administration of the game server «FP CLUB» as confidential and related to commercial secrets.
    
    10.6. The rights and duties under the present Agreement can not be transferred by the Partner to the third party without the written approval of the Administration of the game server «FP CLUB».
    
    10.7. The Administration of the game server «FP CLUB» has the right unilaterally and at any time to make changes to conditions of the present Agreement and also in regulations of any other internal documents regulating the activity of Partners. Changes come into force from the moment of their publication on the site www.fpclub.eu. If any change is unacceptable for a Partner then the only Partner’s requirement can be the termination of participation in the Partner program and the Agreement cancellation. The continuation of participation in the Partner program after publication of the new (changed) version of the Agreement on the site www.fpclub.eu is considered to be the consent of the Partner with the changes made in the Agreement.
    
    10.8. After signing of the present Agreement all previous preparative materials remain at the disposal of the Administration of the game server «FP CLUB», as well as any other materials of the written and oral negotiations, at the same time the present Agreement and the individual contract from the moment of their signing are the unique documents regulating the rights and duties of the Parties.