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Terms & Conditions
General affiliation conditions and clauses between Beijing Iptonic and its publisher The company Beijing Iptonic (hereafter referred to as Iptonic) has set up and operates a service for managing affiliation programmes based on its software platform available at the following address: http://www.effiliation.asia. Iptonic puts advertisers in contact with publication websites (publishers) possessing a site content and visitor base which is complementary to that of the advertiser's website or with vendors of commercial or mailing links.Iptonic offers publishers access to the affiliation programmes set up by the advertisers, displayed online at http://www.effiliation.asia. When a site becomes a publisher, Iptonic supplies it with the Promotional Tools needed to take part in the advertisers programme (hypertext links, banners or other jpg, flash, html emailing kit, XML catalogue and RSS thread objects, hereafter referred to as the "Promotional Tools"). According to the programme type, the advertiser commits itself to paying the publishers according to various criteria (for example whenever one of its visitors visits the advertiser's website (fixed pay per click), fills out a form (fixed form payment) or places an order (commission on sales)). Consequently, Iptonic calculates and approves the results obtained, and handles the collection of the payments owed to the publishers by the advertiser as remuneration for participation in the advertiser's programme. The purpose of the present agreement is to define the terms of the authorization given by the publishers to Iptonic. The calculation of the results obtained is made by means of a tracking system used to track the surfer between the publisher's website and that of the advertiser (hereafter referred to as "Tracking"). Iptonic's programme makes it possible to determine via computerized means if and when a surfer moves from a publisher site to the advertiser's site via the use of the Promotional Tool placed on the publisher's site (via clicking). This software-based solution also makes it possible to determine if the surfer has filled out a form for the so called "prospect" programmes or if the surfer has made a purchase for the so called "sales" programmes. 1. Admission conditions for the publisher Iptonic reserves the right to accept or reject a publisher's enrolment to its platform and/or to an affiliation programme at its own discretion, with no requirement to justify its decision. Potential publishers must ensure and guarantee that their website conforms to the applicable laws and regulations, and that it under no circumstances infringes any rights belonging to third parties, including with regard to intellectual or property rights, or the right of publicity. The following sites are examples of those which will be refused: - Those which do not conform to the applicable laws and regulations or which infringe the rights of third parties, particularly those of an illegal and/or pornographic nature or containing comments which are racist, defamatory or which incite any form of discrimination or extremism - Those which are likely to adversely affect the image of Iptonic or of the advertisers, or which are simply incompatible with their sales policy. Applicant sites featuring protected or limited access (passwords etc.) must provide Iptonic with the means to ensure that their editorial content conforms to the law and to the above mentioned conditions. Any significant modification to the publisher's site content must be notified to Iptonic within 48 hours of the said modification taking place. The acceptance of the publisher will result in his inclusion on the mailing list for Iptonic's newsletters informing the publishers of new affiliation programmes. 2. The publisher's enrolment Requests for enrolment should be made by completing the enrolment form featured on the website: www.effiliation.asia By requesting affiliation, the prospective publisher swears on oath that he is the owner of the domain name of the site for which he requests affiliation, or that he possesses the necessary rights to, and is consequently entitled to insert links on an advertiser's site. Iptonic will notify the applicant that his enrolment has been accepted or refused, by e-mail sent to the address shown on the enrolment form. Following the confirmation of the publisher's enrolment, the latter will have access to the Promotional Tools to be placed on the pages of the said website(s). This code must under no circumstances be modified or inserted on any site other than that for which affiliation has been requested. Once the publisher's application has been accepted by Iptonic, the publisher may request to take part in the affiliation programmes proposed by the advertisers on the Iptonic website. The publisher is free to decide whether or not he wishes to apply for the various affiliation programmes proposed, verifying the characteristics on the Iptonic website. The authorization given by the publisher to Iptonic with regard to each programme will take effect upon receipt by Iptonic of the confirmation of his enrolment to the programme, following his acceptance by the advertiser. 3. Payment terms The publisher is paid as per the terms defined by the advertisers in the affiliation programme(s) which the publisher has opted to join. The type of payments (per click, per double click, by CPM, per form or per sale) in addition to its total value is determined by the advertiser for each of its affiliation programmes. The remuneration terms may change following a decision by the advertiser, with Iptonic declining all liability as a result. Any change of remuneration conditions by the advertisers will be announced by E-mail sent to the publisher, who will have the option (if he does not accept the said modification) to cease all participation in the affiliation programme of the advertiser having changed his remuneration terms. The payment conditions and methods are stipulated in the special affiliation conditions and clauses for each programme. Iptonic grants each publisher access via its Iptonic account to the activity report for the affiliation programmes, which contains details of the operations carried out by the advertisers' site. No remuneration will be made in the event of fraud, including the generation of artificial traffic to the advertiser's web site which does not result in genuine visits by surfers following a visit to the publisher's site. 4. Payment terms As soon as the cumulative value of the commission earned by the publisher's account exceeds a threshold of 500 RMB, the publisher should send Iptonic an invoice for commission, and drawn up based on the invoicing statement supplied by Iptonic. These sums will be calculated on the 10th of each month and paid within a period of 60 days following the date in which the invoice is received. If the sum owed falls below this threshold, payment will be delayed until the required sum is reached. The invoice must also include tax registry number and invoice number. Caution: It must be stressed that Iptonic will incur no risks concerning a failure by advertisers to pay commission owed to publishers, if this failure to pay is the result of the advertiser's insolvency or any other cause. Consequently, Iptonic will only pay the publisher the sums that it has received from the advertisers beforehand on behalf of the publisher. If Iptonic is required to incur costs in order to recover sums owed by advertisers, the sums owed to the publisher will be reduced by an amount corresponding to the collection costs. 5. Duration / cancellation The present authorization is concluded for an open ended period. It will automatically end if the publisher fails to participate in any affiliation programme for more than one year. The sums received by Iptonic are then paid to the publisher, unless these total less than 500 RMB, in which case they will be retained by Iptonic as compensation. The contract may also be cancelled by Iptonic at any time subject to a period of notice of 30 days, at the end of which Iptonic will be free of all obligations vis-a-vis the publisher. 6. Intellectual Property Under no circumstances may the publisher make use of Iptonic's name or trademark for commercial or promotional purposes, particularly if this concerns the marketing and promotion of similar or competing services. It is expressly agreed that the present contract grants no rights to the publisher regarding the programs and data contained on Iptonic's website. These programs and data, which are governed by the intellectual property code, remain the exclusive property of the authors. 7. Liability The publisher agrees to replace and guarantee Iptonic concerning the consequences of any claims from third parties or from an advertiser, regardless of basis for these, due to the content of his site. The definition, online publication and operation of advertisers' affiliation programmes, in addition to any possible modifications or interruptions are the exclusive liability of the latter. 8. A Failure to respect obligations In the event that the present general conditions are not observed, the parties may terminate the contract as of right, following the sending of formal notice to comply, this remaining fruitless upon expiry of a period of 30 days. 9. Applicable law and attribution of legal competence: - - If the publisher is a trader or a company, or if the publisher resides abroad, the present contract is subject to Chinese law. - In the event of any litigation arising concerning the present contract, regarding either its interpretation or its performance, should an amicable agreement not be forthcoming between the parties, legal competence is expressly granted to the competent courts within the jurisdiction of the Court of Beijing, notwithstanding multiple defendants or the introduction of third parties, even the event of summary or conservatory proceedings, heard in chambers or as part of a full court session.