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BOOSTY REFERRAL PROGRAM TERMS OF USE

Last updated: November 21, 2022

These Boosty Referral Program Terms of User ("Terms") governs relations between the Company and Creators pertaining to the Creators' participation in the Boosty Referral Program (“Program”).

All terms that are not defined herein should be interpreted in accordance with:

collectively – “Special Terms”, all of which are incorporated by reference in these Terms.

Collection and processing of personal information by the Company in connection with these Terms is described in Boosty Privacy Policy.

By clicking button “I agree” (or similar in meaning), the Creator:

(A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of these Terms;

(B) acknowledges and agrees that he/she has independently evaluated the desirability of the use of the Program and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and

(C) represents and warrants that he/she is lawfully able to enter into contracts (e.g., the Creator has reached the age of capacity provided by applicable law). If the Creator is a minor, he/she shall become acquainted of these Terms with the help of his parents/legal guardians. Company recommends parents or legal guardians to monitor their children's online activities. To protect children's privacy, Company advises parents or legal guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. Company reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. Company reserves the right to ask for written proof of parental consent for any Creator suspected to be a minor. In all cases, use of the Program by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them.

(D) represents and warrants that he/she is not accessing the Program through a VPN or similar tools;

Otherwise, the participation in the Program is prohibited.

Terms and Definitions

Referrer” or “You” means a Creator who participates in this Program.

Referee“ means a person who was registered on the BOOSTY Platform as a Creator after accessing the Referral Link created by another Creator registered on the BOOSTY Platform. The person shall be recognized as a Referee only until the end of the Referral Period.

Referral Period” means 365 days from the date when the Referee has registered a Creator account on the BOOSTY Platform.

Referral Link” means a marked link created by a Creator in his/her account on the BOOSTY Platform that will be used by the Company to track such Creator's Referees.

Reporting Period” means one calendar month within the Referral Period.

We” or “Us” means the Company.

1. Description of the Program

The purpose of the Program is to permit Creators to be Referrers to provide advertising services to the Company by advertise the BOOSTY Platform by any means available (e.g. via websites and social networks) for the advertising fee, calculated in accordance with Section 3 (“Services”).

By participating in the Program, the Creator undertakes to promote the BOOSTY Platform Internet and/or by any other means including offline activities.

The Creators registered in VK Donut, OK Donations and MY.GAMES Donations may not participate in this Program. The Program is only available on part of the BOOSTY Platform accessible at the website https://boosty.to.

2. Enrollment

To participate in the Program a Creator has to:

  • be registered on the BOOSTY Platform as a Creator in the sense of the Special Terms;
  • accept these Terms on the BOOSTY Platform;
  • create a Referral Link in such Creator's account on the BOOSTY Platform;
  • make a Referral Link publicly available to potential Referees.

You agree that you will perform all services under these Terms in accordance with applicable laws of the state of your residence. If, for any reason, you cannot comply with this requirement, you must notify us.

3. Advertising Fee

Referrer's consideration for the Services is calculated as a percent from the total amount or Creator's Fees and Donations received by Referees of such Creators within the Referral Period, specified on the page of the acceptance of these Terms by a Creator (“Advertising Fee”), subject to the following conditions:

  • We will not include in calculation of the Advertising Fee of a Referrer any Creators' Fees or Donations received after the expiration of the Referral Period or after the termination of these Terms on any grounds, whichever is earlier;
  • A Creator will be immediately excluded from the Program and these Terms will be terminated in case of violation of these Terms or any other terms accepted by a Creator on the BOOSTY Platform. We will not include in calculation of the Advertising Fee of a Referrer any Creators' Fees or Donations received after the exclusion of a Creator from the Program;
  • We do not have any possibility to account for Referees in case a Referral Link was changed in any way. By participating in the Program, the Creator understands that no Advertising Fee will be paid in case of the changes made to a Referral Link by a Referrer or a Referee;
  • We will not account any Creator's Fees or Donations in your Advertising Fee in case such payments were cancelled or returned (incl. chargebacks) and any payments, violating Special Terms or applicable laws;
  • We may change the percent used for the calculation of the Advertising Fee at any time by terminating these Terms by posting notice in a Referrer's account on the BOOSTY Platform with a proposal to accept an amended percent. From the moment the notice of termination was sent until the acceptance of new percent by a Creator, We will not include any Creators' Fees or Donations received by such Creator's Referees;
  • And other conditions provided in these Terms.

We will track the Creator's Fees and Donations of your Referees for reporting and accounting purposes and will make available to you reports summarizing those amounts.

4. Payment

We will pay you Advertising Fee within five (5) calendar days following the end of calendar month when You provided Services using the payment method you choose from available options in your account on the BOOSTY Platform. You must select payment method before you start to provide any Services. When you select the payment method, you must provide us with certain valid information. If You choose a payment method that does not allow to receive the full amount of Advertising Fee due to restrictions set by the applicable payment provider, then we shall be entitled to pay Advertising Fee in partial amounts as permitted by the respective payment provider on a daily basis until the full amount will be paid.

In some cases, payment of Advertising Fee may take place only upon Approval Period expiration.

"Approval Period" shall mean a sixty (60) day period from the payment date as specified in the first paragraph of this section, which is necessary to verify the payment of advertising fee and prevent any fraudulent actions and unverified payments.

Payments will be calculated solely based on our accounting system.

If the amount payable to You for any given month is less than 10 EURO/10 US Dollars/650 Russian Rubles, Company may roll such amount over the subsequent payment period until the amount payable reaches a minimum 10 EURO/10 US Dollars/650 Russian Rubles.

In case the total amount of advertising fee due to pay for a month exceed the amount of 3000 EURO / 3000 USD/200 000 Russian Rubles, we have the right to withhold the payment of the advertising fee for a period up to 180 days to verify the payment and prevent any fraudulent actions and unverified payments.

The advertising fee shall be paid in Russian Roubles.

The amount of the Advertising Fee includes all applicable taxes, in accordance with the legislation of the country of your residence. You are obliged to pay all the taxes in accordance with tax legislation of your state of residence. We do not responsible for failure to fulfill your tax obligations.

You shall not, and shall not authorize others, to generate fraudulent clicks or impressions on any advertisements served using your Referral Link, whether generated manually or by use of a device or other automated process. No payment shall be made hereunder in connection with any registrations or any actions that have been generated via fraud or other illegal conduct, or generated manually or via the use of a device, automated process, or other technical means where there is no bona fide end-user that actually views or performs the click on the advertisements. Failure to comply with this Section shall be deemed a material breach of these Terms and the Company reserves the right to withhold payment if it considers that You have engaged in activity that is in violation of this Section or of these Terms or Operational Documentation. In the event that You have already received payments from Company for fraudulent actions, Company shall receive credit from future earnings or refunds from You or may offset such amounts from any funds due to be paid to you under any agreements between You and us.

5. Referrer's Obligations

We may provide You with advertising materials necessary for the performance under the Program. You shall not use any such advertising materials provided for the purposes other than for the purpose of these Terms.

By participating in the Program, You (i) shall act in good faith, in a reasonable, professional and consistent manner so as not to frustrate the purpose or intent of these Terms and in no event distort the healthy image of the nor damage the reputation of services and products that are advertised by You or conflict with the public moral and ethics and the like; (ii) agree that you will comply with the provisions of these Terms and Special Terms, and all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that we make available to You, and other documents and materials referenced in these Terms (collectively, "Operational Documentation"); (iii) agree that you will comply with any applicable laws and any provisions of the web resources where the Referral Link is placed.

You will provide us with any information that we request to verify your compliance with these Terms or any Operational Documentation.

In addition to any other rights or remedies available to us, we may terminate these Terms, withhold (and you agree you are not eligible for) any Advertising Fee payable to you under these Terms, or both, if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether in respect to any existing or previously terminated account):

  • have not complied with any requirement or restriction described in any Operational Documentation or have otherwise violated these Terms;
  • have violated any requirement or restriction of applicable laws.

In addition, You hereby consent to us:

  • sending you emails relating to the Program from time to time;
  • monitoring, recording, using, and disclosing information about you that we may obtain in connection with your display of special links in accordance with our Privacy Policy; and
  • monitoring, crawling and otherwise investigating your actions to verify compliance with these Terms, the Operational Documentation and applicable laws.

6. Referrer's Responsibility

You will be solely responsible for your actions. For example, you will be solely responsible for:

  • displaying Referral Links on any site in compliance with these Terms and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity or legislation);
  • creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted by You on any site;
  • using the сontent, any site, and the materials on or within any site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);

We will have no liability for these matters or for any of Your Referees' claims relating to these matters, and You agree to defend, indemnify, and hold us, our affiliates and partners, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) relating to (a) Your actions or any materials that You use, including the combination of any materials with other applications, content, or processes; (b) your use of any content, whether or not such use is authorized by or violates these Terms, any Operational Documentation, or applicable law; (c) your violation of any term or condition of these Terms or any Operational Documentation.

7. Reservation of Rights; Submissions

We reserve all rights, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of these Terms or otherwise, acquire any ownership interest or rights in or to, the Program, any content, any domain name owned or operated by us or our affiliates, Operational Documentation, our and our affiliates' trademarks and logos, and any other intellectual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).

8. Term and Termination

The term of these Terms will begin upon Your acceptance of these Terms and will end when terminated by either you or Company. Either you or Company may terminate these Terms at any time, with or without cause, by giving the other party written notice of termination, and, in case of notification from the Company, by giving a Referrer a notice on the BOOSTY Platform. We may withhold accrued unpaid advertising fee for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). No termination of these Terms will relieve either party for any liability for any breach of, or liability accruing under, these Terms prior to termination.

9. Modification

We may modify any of the terms and conditions contained in these Terms (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised Terms, or revised Operational Documentation at https://boosty.to/app/offer/ref or by sending notice of such modification to you by email (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent) or in your account on the BOOSTY Platform. Modifications may include, for example, changes to the Terms, payment procedures, requirements and other conditions of participation in the Program. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THESE TERMS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED TERMS, OR REVISED OPERATIONAL DOCUMENTATION OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

10. Limitation of Liability

WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THESE TERMS, THE PROGRAM, OPERATIONAL DOCUMENTATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE TERMS AND THE PROGRAM WILL NOT EXCEED THE TOTAL ADVERTISING FEE PAID OR PAYABLE TO YOU UNDER THESE TERMS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

11. Representations; Warranties; Disclaimers

THE PROGRAM AND ALL CONTENTS RELATED OR ACCESSIBLE THROUGH THE PROGRAM ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND ADVERTISERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROGRAM, AND ITS CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. NEITHER WE NOR ANY OF OUR AFFILIATES OR ADVERTISERS WARRANT THAT THE PROGRAM WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR ADVERTISERS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THESE TERMS OR YOUR PARTICIPATION IN THE PROGRAM.

12. Applicable Law

These Terms shall be governed and construed by the law of England and Wales. All disputes arising in connection with these Terms are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach an agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of Company.

13. Miscellaneous

Waiver. The failure of either you or us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.

Severability. If any provision of these Terms or Operational documentation or any applicable rules or regulations, including but not limited to those incorporated herein by reference, is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment. These Terms and any rights and obligations hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Company without restriction. Any transfer or assignment attempted to be made in violation of these Terms shall be void.

Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 3, 4, 7, 10, 11.

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions of it.

Entire Agreement. These Terms, together with any Operational Documentation, is the entire agreement between you and Company relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms or Operational Documentation made by Company as set forth in these Terms and Operational Documentation.

Interpretation. Whenever used in these Terms, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.”

Sole Discretion. Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under these Terms, may be made, taken, or given in our sole discretion.

Confidentiality. All non-public information provided by us in connection with these Terms is considered confidential information, and you will maintain the same in strict confidence and not disclose the same to any third party (other than your affiliates) or use the same for any purpose other than your performance under these Terms, which restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties.

 

YOU AND COMPANY AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF SUCH ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.