User's agreement

Visitor

Natural person who has reached the age of majority, who by his actions can acquire civil rights for himself and independently implement them, as well as his ability to create civic duties for himself, to fulfill them independently and bear responsibility in case of their failure, who visited the site in familiarization purposes but who didn’t fulfill the acceptance of public offer.

Webmaster

Natural person who has reached the age of majority, who by his actions can acquire civil rights for himself and independently implement them, as well as his ability to create civic duties for himself, to fulfill them independently and bear responsibility in case of their failure, who accepted the conditions of this user’s agreement and who uses the services of the site.

Affiliate network «Affbay» (short – Affiliate network)

Information online platform created and functioning with purpose of placing commercial offers by Advertisers, creating, raising and/or supporting interest among population of Webmasters and also with a purpose of realization of objects of commercial offers for end-user – Client.

Site

Internet resource created with aim of functioning of Affiliate network «Affbay» having domain name - http://affbay.asia. It’s under organizational control and belongs to administration on conditions of private property rights.

Parties (also - Participants)

Visitor, User (are divided into: Webmaster, Advertisers, Clients) and Administration.

Advertiser

Person who places commercial offer about certain product (services), made as advertisement materials.

Advertisement materials

Informational materials of promotional character created by third parties ordered by Advertiser containing information (photo materials, video clips, audio tracks, graphic elements, texts and other elements) about offered product.

Client

Person that left application confirmed by call center for acquiring product and/or service advertised on Administration’s platforms or on site.

Offer

Separately taken offer of acquiring products and/or services expressed in the form of a website.

Forbidden methods of attracting traffic

– methods that are meant to attract traffic to offers with use of: 1. Technologies of spam-attack (e-mail, sms, in messengers, social networks, pop-ups etc.); 2. Hacked accounts of individual users of social networks; 3. Traffic from hacked websites; 4. Technologies of traffic fraud (bots, CAP etc.); 5. Fraud methods – misleading the audience or under duress; 6. Websites that have the attributes determined in point 2.2 of User's agreement;

Allowed methods of attracting traffic:

1. From banner and teaser networks; 2. From affiliate networks; 3. From context advertisement; 4. Placing information about offers on theme resources in accordance with rules of such resources.

Forbidden content:

1. content with direct or indirect common signs of pornography; 2. Offending, infringing someone’s dignity, business reputation; 3. that is discriminating against gender, nationality, skin color, language of communication, personal ideology, religious beliefs; 4. fraud character which misleads about quality, quantity and/or other characteristics of object offers; 5. that is invoking to violence, outrage, violent overthrow of authorities, state and/or military revolution; 6. about suicide and its methods; 7. about methods of creating, keeping, realization, using narcotic and/or psychotropic substances; 8. about smoking tobacco and using alcoholic drinks by underaged; 9. about forbidden services; 10. containing maleficient software and (or) other information, which can make harm to third parties; 11. that violates copyrights and rights related to them and/or rights to trademarks of third parties; 12. other information that attracts violating norms of actual legislation of certain territorial jurisdiction.

Public offer

– offer addressed by administration to uncertain circle of person or to few concrete person which is defined, concrete and expresses a will of a person, which made an offer, to consider himself concluded the user’s agreement with recipient which will accept the offer.

Accept

– full acceptance of conditions of Administration’s public offer to conclude certain user’s agreement by one of the Parties . Accepting public offers happens in the moment of starting using the site(including familiarization purposes) and its services .

User's agreement (short – Agreement)

– document which contains public offer determining general visits of the site, regulating status of the parties, order of acquiring production, and also other sufficient conditions of Parties interaction.

1. General regulations

1.1. This User's agreement (onwards in text – «Agreement») determines general rules of visiting, using services and norms of general behavior in Affiliate network. Agreement regulates civil legal interactions which exist between participants of Affiliate network in process of its interaction.

1.2. This agreement may be changed with the one-sided decision of Administration. Administration doesn’t have the responsibility of personal notification of Webmasters about such changes. New version of agreement comes into force from the moment of its publication on the site.

1.3. Conditions of agreement are spread to all site visitors without exceptions.

1.4. In case of disagreement with terms of this agreement (partially or fully) person which expresses such a will doesn't have the right to use informative field and targeted services offered on the site.

1.5. Parties reached the agreement that a person who accepted public offer is considered to be familiarized with the terms of this user’s agreement being in full conscious and fully understanding juridical consequences of concluding such an agreement. Essence, scope of obligations established for all of the Parties of this Agreement are understandable fully.

2. Regulation of Parties interaction

2.1 . Administration provides information about Parties interaction work format to the Visitors, about advantages of the Affiliate network, about possibilities of the Participants, and also the information about proposed offers . Informative field of the site includes but isn’t limited to: common zone of use – for the visitors of the site, zone for the Users – available from the moment of registration of the Visitor .

2.2 . Administration independently determines general concept, format, type and volume of information which appears on the Site but wherein is not an owner of the offers including objects of the offers(products and/or services).

2.3 . Advertiser places an offer by transferring the appropriate information to personal manager . Personal manager is appointed for every User who accepted the conditions of this User’s agreement and passed the procedure of registration on the site . Administration can, but is not obliged to, provide the service of short consultation having a character of recommendation for asked questions . Providing such a consultation is realized for free .

2.4 . For getting service pointed in p . 2.3 . of User’s Agreement user himself places a request for getting such a service through: skype connection, e - mail . Personal data of accounts of personal manager in skype network is preserved in appropriate informative block of the Affiliate network . In case of necessity of such service User has to shortly form his question and also leave contact data – email, telephone contact number .

2.5 . Administration guided by conscious mind and internal beliefs has the right not to react on the request of the user’s service, not to give answer in case if this request will have concretely formulated question(or description of situation), will contain insulting words and/or sentences including addressed to Administration, third parties and also for other reasons .

2.6 . Using services and/or possibilities by the Webmaster which are provided by Administration through the site doesn’t provide any exclusive rights and privileges including material / nonmaterial property of Administration .

2.7 . Parties of this agreement reached the consent that the Administration has the right to place advertisement blocks, banners, announcements in every of its field without additional consent of other participants of Affiliate network .

2.8 . Information placed by the Administration on the site is a result of intellectual activity of Administration and all property and personal non - property rights to such information belong to Administration until otherwise is set up . Wherein other participants of Affiliate network don’t have any exclusive right to result of intellectual activity of Administration that is expressed in graphic, text, audio - video way placed on the site by Administration .

2.9 . Administration doesn't take responsibility for protecting User's rights which were violated by third parties in the context of regulation of the disputes which arised on this ground including juridical disputes .

2.10 . Violating copyrights by the User that belong to Administration and (or) other parties, entails responsibility for violator which is predicted by the terms of actual legislation of Kingdom of Thailand .

2.11 . In case of revealing the violations of copyrights by the participants of Affiliate network by illegal placing of materials that are not owned by this parties, Administration has the right to withdraw such materials from public access at the first request of the legal owner .

2.12 . Users are forbidden to place offers which have negative content in Affiliate network .

2.13 . In case of violating the terms of p . 2.12 of this Agreement and unfulfillment of requirements of Administration including the situation when such information is withdrawn from the public access, parties which made such infringement take responsibility predicted by the terms of this Agreement and/or of actual legislation of Kingdom of Thailand .

2.14 . Administration doesn't take the responsibility for results of visits of Visitors and/or Users of external resources links for which can be placed on the site. Results are considered to be any results regardless to its character and also this one from which the violated party suffered moral and/or material damage.

2.15. Subjects of offers proposed by Advertisers in Affiliate network are being estranged in favor of Clients on distance within the requirements that are set up by the actual legislation of Kingdom of Thailand, are certified and matches the requirements which are set up by the legislation in field of protection of consumer’s rights.

2.16. Site doesn't distribute products and/or services . Main functional aim of the Site – organizing the place of meeting of Advertiser, Webmaster and/or Clients in virtual space . Appropriate duties of supporting working capacity of the Site are put on Administration with this User’s agreement .

2.17 . Administration provides Webmasters, Advertisers, Clients the informative field of the Site and/or platforms for temporary use, takes a duty to give support which the User’s agreement mentions .

2.18 . Administration has the right to refuse to serve certain persons without giving additional reasons .

3. Rules of using services of Webmaster

3.1 . Webmaster has the right to freely and fully use services and offers placed on the site besides the cases when such using is illegal, violates rights, freedoms and interests of Administration and/or other Webmasters of the site .

3.2 . Rules of using functions of the Site:

3.2.1 . Visitor which wants to become Webmaster independently visits and gets acquainted with information about the procedure on the site .

3.2.2 . For getting the whole range of possibilities which are proposed by the Administration Visitor independently passes the stage of registration on the site .

3.2.3 . To start the procedure of registration Visitor pushes the button «Register» which is placed on the site .

3.2.4 . After pushing the button «Registration» on the site Visitor will be proposed the registration form within the site which is need to be filled .

3.2.5 . For successful passing the procedure of registration Visitor needs to fulfill required fields – Login, Password, e - mail, skype, details of e - purse for electronic payment system, number of mobile phone, skype .

3.2.6 . After completing all the fields in the order provided by this Agreement, the Visitor is obliged to familiarize himself with the provisions of this Agreement, the Rules of Work and the Privacy Policy . The fact of acquaintance with the provisions of the documents mentioned in this paragraph is confirmed by putting a 'V' in the appropriate field of the registration form .

3.2.7 . The registration procedure is completed if the requirements of paragraphs 3.2.3 - 3.2.7 of the Agreement are followed and by clicking the 'Register' button directly in the registration form .

3.2.8 . The successful completion of the registration procedure on the site is confirmed by an electronic notification that comes to the Visitor at the address of the electronic box specified by him in the registration form . From the moment of occurrence of the circumstances described in this clause of the Agreement, the status of the Visitor changes to the status of Webmaster with all the legal consequences for this party contained in the provisions of this User Agreement and the current legislation of Kingdom of Thailand .

3.2.9 . If necessary, the Administration can provide the visitors with consulting and information services in the manner provided by this User’s Agreement .

3.2.10 . The Administration has the right not to respond to the posted request of the Webmaster and not to provide a response if the request is made in violation of the rules set out in p . 2.5 . of the Agreement .

3.2.11 . The remuneration of the Webmaster is paid by the Administration in the manner determined by the CPA network function, based on the statistical data provided by the CPA network accounting system .

3.2.12 . Webmasters are paid remuneration in the order of 100 % postpay .

3.2.13 . The size of the remuneration of the Webmaster is determined by the function of the CPA network and depends on the amount of actual work done, the fixing of which takes place in the order specified in 3.2.13 . of the Agreement .

3.2.14 . The parties reached an agreement that the Administration has the right to withhold payment of the Webmaster's reward:

1. for a period of up to 30 calendar days, in case of investigating third - party complaints about the actions of the webmaster in the process of promotion of the offers;

2. for a period of up to 180 working days, intended to investigate by the Administration the use of the prohibited methods of promotion of the offers by the Webmaster, including the use of prohibited traffic;

3.2.15 . The Administration has the right to withhold for unlimited term, including not to pay Webmaster's remuneration, in such cases:

1. the presence of violations in the actions of the Webmaster on the complaints of third parties;

2. using the prohibited methods of traffic attraction by Webmaster provided in this Agreement;

3. violations of the rules established in this User’s Agreement by the Webmaster, which caused harm and damage to third parties, regardless of whether they are members of the Affiliate Network;

3.3 . Rules of payment for the production

3.3.1 . The cost of the subject of the referees is determined by the Advertiser, and is published in the framework of the offer, which is available in public access .

3.3.2 . The price of production indicated on the site is dynamic, is of a fact - finding nature, is disseminated in order to determine the service price points and can be changed by the Advertiser without additional notice to the Visitors .

3.3.3 . The payment for the offer can be made by the Client in one of the convenient ways provided by the functional of the advertising platform .

3.3.4 . The parties reached an agreement that the Administration is not responsible for the efficiency of payment systems, through which the payment is paid by the Client . In the case that there are any difficulties with the payment, the Client shall independently applies to the representatives of the payment system used by the Client to pay the offer . The Administration has the right not to respond to inquiries addressed to it by the Clients on the issues mentioned in this clause of the Agreement .

3.3.5 . In the event of the Customer's refusal to pay the offer, the transfer of the offer to the Client is not carried out, in connection with the failure to fulfill the obligations assumed by him . Administration, in this case, does not bear joint responsibility for damages caused by the guilty User, and does not act on the side of the creditor, nor in the status of a solidary state, nor in the status of an independent one .

3.4 . Rules of production delivery

3.4.1 Delivery of the object of the offer is realized in previously agreed way by the Parties .

3.4.2 . Conditions of delivery of the object of the offer object are individual for each individual case.

3.4.3 . The procedure and term for delivery of the subject of the offer to the Client is determined by the terms of the offer, or by the Advertiser in a personal order . The Advertiser is obliged to provide the Client with instructions regarding payment and delivery of the subject of the offer, as well as to comply with the regulatory requirements established for the trade carried out remotely .

3.4.4 . The parties reached an agreement that the delivery of the subject of the offer to the Webmaster is carried out in the manner provided for in the User’s Agreement .

3.4.5 . The subject of the offer is transferred to the Client, only after the Client realized payment of the offer to the Advertiser for the full cost of the products .

3.4.6 . The parties have reached the consent that the delivery of the subject of the offer can be carried out on a fee basis, the Client agrees with that and accepts the terms of this Agreement, agrees to cover the logistics costs of the subject of the offer directly to the receipt address .

3.5 . Procedure of returning products

3.5.1 . Return of the subject of the offer of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of the purchase of said products are preserved .

3.5.2 . Refund of the subject of the offer is made to the Advertiser who alienated the subject of the offer in favor of the Client .

3.5.3 . All questions on organization of return of the subject of the offer, return of value, compensation of the associated costs are settled between the Client and the respective Advertiser .

3.5.4 . The customer shall not be entitled to refuse products of appropriate quality, having individually defined properties, if the said products can only be used by the acquiring Webmaster .

4. Obligations and responsibilities of the parties

4.1 . In case of using the results of the intellectual property of the Administration - site materials, for any purposes, the User is required to obtain permission from the administration before placing such materials . If authorized by the Administration, the User is required to display the full name and domain name of the source in the following format: Trade Affiliate Network “Affbay . asia” http://affbay.asia/. The hyperlink must be active and direct and make a transition to a specific Page of the site from which the material was borrowed when it’s clicked.

4.2 . By analogy with the instructions set out in § 4.1 . of this Agreement, the User undertakes to obtain a written permission in advance to use the results of intellectual property of third parties from such persons . The method and procedure of implementation is specified in the process of negotiations with the owner of the materials .

4.3 . Administration is not responsible for the actions of the User, which entailed the violation of the rights of third parties .

4.4 . Administration is not responsible for the content of information posted by Users in the process of creating the offer, attracting traffic to the offers .

4.5 . Administration is not responsible for the content of the site User’s reviews . Feedback from users of the site are subjective opinions of their authors, in no way claiming to be objective . They may not coincide with public opinion and may not correspond to reality .

4.6 . The decision on giving / not giving personal data is accepted by the Administration only on the basis of a request sent by the person of the Administration in accordance with the procedure established by the current legislation .

4.7 . The administration has the right not to respond to inquiries, appeals and letters that don’t contain the details of the person applying(name, contact details).

4.8 . Administration is not responsible for the registration data that were specified by users when interacting with the information field of the site in the process of registering the User .

4.9 . The Administration has the right to limit, block the access of the Visitor and / or the User to the site, with partial or complete deletion of information that was placed by him within the Affiliate network without explaining the reasons .

4.10 . The Administration undertakes to review the claim, fulfiled in accordance with the procedure provided for in Section 4 of the agreement, within 30 (thirty) calendar days from the date of its receipt .

4.11 . The parties have agreed that Users are personally responsible for the safety of authorization data on the site .

4.12 . The parties assert that the Agreement was accepted by them with their full consciousness and full understanding of the legal consequences of concluding such Agreements . The essence, scope of obligations, which are established for each of the Parties by this Agreement, are clear to them fully . The Parties agreed that each of them was provided with complete and reliable information regarding the data stated in the provisions of this Agreement .

4.13 . Webmaster uses only those methods for promotion that do not contradict and do not violate this User’s Agreement and the rules of the current legislation of Kingdom of Thailand .

4.14 . In case that Webmaster will be found guilty of actions provided for in clause 4.15 ., the Administration is completely disclaimed from responsibility .

5. Settlement of disputes

5.1 . In the case of posted information on the Site containing the results of intellectual property owned by third parties, the copyright owner is obliged to:

5.1.1 . Draw up a claim indicating the factual and normative base that enables the Administration to withdraw information from public access .

5.1.2 . Attach evidence of the originality of the result of intellectual property(original copy, other documents confirming the right of ownership of the copyright object) to the claim .

5.1.3 . Send the package of documents mentioned in the provisions of cl . 5.1.1 ., 5.1.2 . of this Agreement, to the electronic mailbox of the administration: kontakt@affbay . asia

5.2 . Claims of Webmasters for the quality of service, products, as well as other comments, should be sent to the e - mail box of the administration: kontakt@affbay . asia

5.3 . In the case described in point 3.2.4 . of User’s agreement, complaints, claims, comments are sent to the management of the relevant resources . The administration has the right not to respond to such appeals .

5.4 . The administration is not obliged to facilitate the search of specified in § 3.2.4 . persons, as well as other third parties, whose actions violated the rights, freedoms and interests of Webmasters .

5.5 . The Administration is not a beneficiary in transactions between Clients and Advertisers, doesn’t take the responsibility, and is not obliged to assist the Client in organizing the processes provided for in clause 3.5.1 . of User’s Agreement and has the right not to respond to the Client's requests to his address, in connection with these circumstances .

6. Other conditions

6.1 . All possible situations, disputes arising out of the relationship between Webmasters, Webmasters and third parties, Webmasters and administration not regulated by this agreement shall be resolved in accordance with the rules of the current legislation of Kingdom of Thailand .

6.2 . The Parties of this agreement are aware of the scope of the rights and obligations generated by the relationships of the persons mentioned in this agreement and fully report their actions, understanding the legal nature of the consequences of such actions to the fullest .

6.3 . Inaction of the Administration in case of violation of the provisions of the Agreement by any of the Webmasters does not deprive the Administration of the right to take later appropriate actions in defense of their interests and protection of the rights protected by law .

6.4 . For all questions, except those specified in Section 5 of the User’s Agreement, Users can contact the Administration by sending relevant appeals .