TERMS AND CONDITIONS

OF THE AFFILIATION PROGRAM

As part of the cooperation between the service provider of www.mradvice.eu Website and GSPARK EDUCATION & TRAINING COMPUTER SOFTWARE, the Representative hereby has the opportunity to conclude an agreement by means of the provision of services electronically, in order to join the affiliate program, with regard to the possibility of receiving commissions for referral activities, in accordance with the terms of these Regulations.

1. DEFINITIONS

  1. The Service Provider – GSPARK EDUCATION & TRAINING COMPUTER SOFTWARE with registered office at Marina Plaza 1302, Al Marsa, P.O. Box 283 691 Dubai, United Arab Emirates; e-mail: contact@gspark.company
  2. Representative – an adult person, legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which concludes an agreement by accepting these Regulations.
  3. Website – an Internet website under the domain: mradvice.eu.
  4. Regulations – these regulations, governing the functioning of the affiliate program.
  5. Services – means services provided electronically on the Website by cooperating entities (third parties, as indicated in the Website terms and conditions) or the Service Provider.

2. GENERAL CONDITIONS

  1. The referrer joining the affiliate program specified in these Regulations confirms that he / she has carefully read the content of these Regulations, accepts its provisions and undertakes to strictly comply with it.
  2. Under the conditions set out in these Regulations, the Representative undertakes to carry out on his own account the promotion of the Service Provider’s brand, including recommending the Services offered through the Website, in order to obtain by the Representative customers interested in these Services, for which the Representative will be entitled to receive remuneration in accordance with the provisions of these Regulations.
  3. The referrer declares that he / she has read the content of the regulations available on the Website, as well as any possible attachments, and agrees to strictly comply with them, and in the event of changes to the above-mentioned documents, he / she agrees to read the content of the changed documents and comply with them.
  4. The Representative will undertake, in particular, activities consisting in personal conversations, telephone calls, presentation of the Services available on the Website via social media, as well as using other channels – including channels using the Internet, as well as outside of it. Actions taken by the Representative may not be contrary to the regulations, in accordance with act 3 or the principles of social coexistence.
  5. The Representative undertakes not to use offensive words, swear words or discrimination on the basis of race and ethnicity in the framework of the promotion. The Representative is also obliged to inform each new customer about the terms of use of the Services offered through the Website, as well as the need to read the documents indicated in paragraph 3.
  6. When joining the affiliate program, the Representative must provide data in the form of: e-mail address, first and last name and telephone number.
  7. The effective acquisition of the customer by the Representative for the Service Provider is considered to be the moment when a potential customer invited by the Representative purchases the Services available on the Website and thus transfers funds as part of the purchase of these Services.

3. REMUNERATION

  1. The Representative is entitled to a remuneration (hereinafter referred to as: the “Commission”) for successful user acquisition within the meaning of § 2, in the amount from 15% to 37% of the value of the amount transferred by user or users successfully acquired by the Representative for the purchase of Services available on the Website.
  2. The value of the Commission, in accordance with act 1 depends on the number of users acquired by the Representative, due to the purchase of their Services by them and the transfer of the amount against the purchase of such Services, with the proviso that the Representative must remain active on the Website, as well as in the scope of cooperation specified in these Regulations. The final value of the Commission paid by the Service Provider to the Representative, is always determined at the individual decision of the Service Provider, within the percentage range indicated in act 1.
  3. In addition to the value of the Commission in accordance with act 1 and act 2, the Service Provider may provide the Representative with additional remuneration in relation to the activities performed by him / her within a specified period. Information on such additional remuneration will be made available by the Service Provider each time on the Website or in another visible place for the Representative.
  4. The Commission specified in this paragraph will be paid to the Representative once a week (every 7 calendar days) within 7 days after the end of each week.
  5. The payment of the Commission will be made in cryptocurrency USDT or BUSD to the cryptocurrency wallet address compliant with the TRC20 (if USDT) or BEP20 (if BUSD) standard. Information on which cryptocurrency the payment of Commissions is made in is provided by the Service Provider each time. In order to receive remuneration, it is required to provide both wallet addresses.
  6. The Representative is solely responsible for indicating the correct wallet address as per the above standard. The Service Provider is not responsible for the commission transferred to the Representative and lost by him / her, due to the lack of access to the cryptocurrency wallet, and is not responsible for the incorrect allocation of funds under the commission paid, due to the incorrect address of the cryptocurrency wallet being indicated by the Representative.
  7. The Representative is obliged to submit to the Service Provider’s e-mail address the wallet address compliant with the TRC20 and BEP20 standard, to which the Commission is to be paid, in accordance with the provisions of this paragraph, within 14 days from the date of concluding the contract for the provision of electronic services. Failure to provide the wallet address by the Representative within the indicated period does not result in a claim on the part of the Representative against the Service Provider.
  8. The Service Provider, in connection with the payment of the Commission specified in this paragraph, and in connection with the establishment of a relationship with the Representative, has the right to identify and verify the Representative in accordance with international regulations on counteracting money laundering and terrorist financing.
  9. The Representative is obliged to determine how and according to what law the remuneration received by him (the Commission), specified in this paragraph, will be taxed, and is also obliged to pay it to the competent tax authorities. The Service Provider is not responsible for incorrect tax settlement of the Representative for any reason in the scope of the Commission paid.
  10. A marketer can apply for his or her oversight or changes in the following billing week and not later than the end of the week, which should be understood as that the marketer has from Tuesday of the new week until Sunday and no later, and later applications and changes will not be able to be approved.
  11. In order to receive commissions, a marketer must have at least one active and paid subscription for the product he or she is recommending.
  12. The maximum level of commission that is achievable is 37%. It also applies to promotional actions dedicated to marketers, i.e. if, for example, you have 33% and a marketing promotion informs you that you can get an additional 10% – the maximum level will be 37%.

4. DETAILED RULES OF COOPERATION

  1. The Representative is obliged to provide the services specified in these Regulations with the utmost care that is required from professional entities, including the promotional content created by the Representative, which must be of high quality, without major punctuation or spelling errors.
  2. The Representative may use graphic elements and marketing materials made available through the Website or directly by the Service Provider. The Representative may also prepare his own case studies and graphic materials, with the proviso that they must be consistent with the materials made available on the Website or the materials made available by the Service Provider.
  3. As part of the implementation of the provisions of these Regulations, the Representative undertakes to care for the good name of the Service Provider. The Representative is also obliged to refrain from any activity competitive to the activity of the Service Provider specified via the Website. The prohibition indicated in this paragraph also includes the prohibition of activities for the benefit of the Service Provider’s clients, his associates, advisers or subcontractors, in any form without the Service Provider, including indirect form. This prohibition is mandatory for the duration of the provision of services by the Representative by accepting the provisions of these Regulations, and also 3 months after the termination or renunciation or expiration of the contract for the provision of electronic services.
  4. The representative may cooperate with other entities, including the promotion of other brands, with the proviso that the activities of these entities may not be similar, identical or related to the activities provided by the Service Provider, including the Services offered through the Website.
  5. The Representative may cooperate with another third party in the performance of the obligations set out in these Regulations, including within the sales structure created by the Representative, provided that the Representative is responsible for any action of the third party as for his own actions. In such a situation, the Representative is also obliged to individually remunerate (in cash or in other kind) the third party within the structure created by the Representative. The Service Provider is not responsible for the non-remuneration or inappropriate remuneration of a particular third party by the Representative, unless that third party is reported by the Representative and is approved by the Service Provider.
  6. The obligations of the Service Provider provided for in these Regulations will be treated as obligations of due diligence and with the observance of normal diligence provided for this type of relationship. In no event can the Service Provider’s liability be assessed on the basis of the provisions and rules governing the performance of the obligations of the result.
  7. The Service Provider shall not be liable for non-performance or improper performance of the provisions of these Regulations as a result of any actions or omissions in its performance on the part of the Representative, and in particular his improper compliance with the provisions of these Regulations.
  8. The Service Provider’s liability under the warranty shall be excluded to the fullest extent permitted by the provisions of generally applicable law.
  9. The Representative declares that he / she has been instructed about the risk in the scope of the activities carried out by the Service Provider, including the Services offered via the Website and possible threats, including in particular the Services that are related to the virtual currency market, which are characterized by high volatility and fluctuations, and declares that any promotion performed in accordance with the provisions of these Regulations is performed at his / her own risk and responsibility.
  10. The Representative is obliged to use phrases that do not mislead potential customers. The Representative is also obliged to inform a potential customer interested in the Services or the activity of the Service Provider that the virtual currency market is very risky and that it is possible for such a person to lose all their capital. The Representative is obliged in particular to exercise due diligence, comply with the principles of social coexistence and use only real information in relation to the activities carried out by the Service Provider in the implementation of the provisions of these Regulations by the Representative.
  11. If the Representative fails to comply with the provisions of these Regulations, in particular, but not only with regard to the obligations set out in this paragraph, the Service Provider has the right to charge a contractual penalty in the amount of the commission fee specified in § 3 of these Regulations.
  12. The contract is concluded for an indefinite period. The Representative may terminate the contract for the provision of electronic services by sending an e-mail to the address of the Service Provider. The Service Provider may keep the data necessary to identify the Representative in the event of claims or inquiries from authorized bodies.
  13. The Service Provider reserves the right to terminate the contract for the provision of electronic services with immediate effect for a valid reason, in particular in the event of a breach of essential provisions of these Regulations by the Representative, which is considered in particular, but not exclusively, the dissemination of information by the Representative that adversely affects the Service Provider’s activities .
  14. The commission for referred users is paid out when the sponsor has an active subscription during the time of purchase / subscription renewal by directly registered users.
  15. The company reserves the right to take over the referred users by the sponsor and assign them to the company, if the sponsor is inactive in terms of products for 3 weeks. After this deadline, the referrals become the property of the Service Provider irretrievably.

5. BUSINESS CONFIDENTIALITY

  1. During the provision of services by electronic means in accordance with the provisions of these Regulations, and also after denunciation or termination of the contract, the Representative is obliged to keep all economic, technical, commercial, organizational and technological information in strict confidence (e.g. methods of operation, content of contracts, content orders, customers, associates, know-how, intellectual and industrial property), not voluntarily disclosed by the Service Provider to the public, which he / she became acquainted with in connection with the provision of services in accordance with the provisions of these Regulations. The company secret referred to above is in particular the information concerning:
    1. the Service Provider’s activities, trade secrets, know-how, products, Services, business models, customers, prices, sales, marketing, personnel matters, including in particular: contracts, financial information, business plans, projects, formulas, regulations, price lists, reports, forecasts, analyzes, compilations, statistics, summaries, notes, case studies, documentary materials, generated signals or forecasts on financial markets, virtual currencies and cryptocurrencies;
    2. the operation of the Website, including in particular pages related to the “Inseed” brand, such as WhatsApp groups (as part of an account or group created, in accordance with the website regulations www.whatsapp.com), Telegram (as part of an account or group created in accordance with the regulations of the website www.telegram.org), Discord (as part of an account or group created in accordance with the regulations of the website www.discord.com), or Signal (as part of an account or group created in accordance with the regulations of the website www.signal.org);
    3. any information received by the Representative in connection with the implementation of the provisions of these Regulations, which are not subject to the information obligations;
  2. In each case of termination or expiration of the contract for the provision of electronic services, the Representative undertakes to return to the Service Provider all documents and other materials that he / she has drawn up, collected, developed or received, including copies, transcripts and records on any media data, no later than the date of termination or expiration of the contract for the provision of electronic services. At the same time, the Representative declares that all copyrights and property rights, unlimited in terms of time and territory, and industrial property rights to all works created by the Representative in whole and in part, as well as industrial property rights in connection with the implementation of the provisions of these Regulations shall be transferred to Service Provider, and the remuneration for the transfer of the rights referred to above is the remuneration specified in § 3 of these Regulations. If there are any manufactured items, the ownership rights of which are not to be transferred to the Service Provider, the Representative is obliged to inform him / her about it.
  3. In the event of a breach by the Representative of the obligations specified in this paragraph, the Representative shall pay to the Service Provider or an entity indicated by the Service Provider a contractual penalty of USD 50,000.00 (fifty thousand US dollars) for each breach. This does not exclude the right of the Service Provider or the entity indicated by the Service Provider to claim damages in excess of the contractual penalty on general terms.
  4. Payment by the Representative of the contractual penalty does not release him / her from the obligation to comply with the obligations resulting from the provisions of this section. In addition, the obligation to maintain business secrets, within the meaning of paragraph 1 does not give rise to any claims on the part of the Representative for the payment of any compensation.

6. DATA PROTECTION AND CONFIDENTIALITY

  1. The Service Provider is the administrator of the Representative’s personal data. At the same time, the Representative agrees to include his / her personal data in the Service Provider’s customer base and agrees to their processing for the purposes of implementing the provisions of these Regulations.
  2. The Service Provider processes personal data in accordance with the requirements of applicable law, including in particular acts on privacy law in the United Arab Emirates relating to the security of personal data.
  3. Providing personal data is voluntary, however, it is a prerequisite for joining the partnership program. The Representative is solely responsible for providing false personal data. The Service Provider processes personal data of the Representative with the purpose of: (a) marketing and advertising services, as well as sending commercial information; (b) using ICT end devices and automatic trigger systems – for marketing purposes.
  4. To fulfill obligations, the Service Provider may disclose collected personal data with the entities including: employees, associates, delivery service, payment system operators, entities providing operating, legal, accounting and IT services for the Service Provider. In such cases the volume of disclosed information is limited to necessary minimum each time.
  5. The Service Provider ensures that he makes every effort to ensure that the processing of personal data by him takes place with the greatest respect for the privacy of persons whose data is processed and with the utmost care for the security of personal data processed, and in particular ensures that he has taken all legal measures aimed at securing personal data files, and that it applies technical and organizational measures to ensure the protection of the processed personal data appropriate to the threats and categories of data protected, in particular, protects personal data against unauthorized disclosure, processing in violation of the law and loss, damage or destruction.
  6. The Service Provider ensures that the applied rules of processing personal data comply with Representative’ rights under the applicable law, in particular the right to access, correct, update, remove, limit processing, transfer own data, to object, to withdraw the consent, to complain to the supervisory authority.

7. FINAL PROVISIONS

  1. The Service Provider has the right to amend hereto at any time. In such a situation, The Service Provider shall inform about changes hereto in a visible place for the Representative.
  2. No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
  3. All parties to the disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between the Representative and Service Provider. The Representative acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. If the above provisions are met, as well as in the absence of an amicable solution to the dispute, the provisions hereof shall be settled by the court competent for the current place of a registered office of the Service Provider.
  4. The Representative acknowledges and accepts that disputes arising here from may only be considered on the basis of an individual case of the Representative. In no way is the Service Provider obliged to settle disputes as collective cases or collective actions.
  5. The Representative acknowledges and accepts that the Service Provider may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation.
  6. These Regulations shall enter into force on February 01, 2022.