Public offer and terms of providing SmmMoney services online

1

Welcome to the affiliate program SmmMoney!

Thank you for your interest in our services for monetizing traffic from social networks (hereinafter referred to as Services")!

Using our Services, you agree to comply with these terms and conditions ("Terms of SmmMoney") and the rules of the program SmmMoney (collectively - the "Agreement"). In case of non-compliance and within such non-compliance Terms of SmmMoney have privilege over any other provisions established by the Agreement. Please read this Agreement carefully.

2

The terms

  • Under this Agreement "you/ to you/ by you " or "Partner" " means an individual or legal entity that uses the Services (and / or any natural person, legal entity or legal successor, agency or network operating from your name).
  • "We", "us / to us / by us" or "Kiwi Science" " means Kiwi Science Company, registered in accordance with the legislation of Armenia at the following address: Aram Khachatryan St., Building 15, apt. 35.
  • "Parties" means you and Kiwi Science Company.
  • "SmmMoney" о" means an online service on the http://smmmoney.com domain owned by Kiwi Science, by which Kiwi Science provides Services.
  • "Sites" " mean web resources that belong to Kiwi Science Company. Sitesare displayed to Partners and delivered to joint use on SmmMoney.
  • "Articles" mean content (text, graphics and other data) that is hosted on SmmMoneysites.
  • "Platform" means the resources of Partners in social networks, such as Groups, Pages, Publics, Communities they own and on which they link to Articles of SmmMoney.
  • "Traffic""- the number of visitors who visit the SmmMoneyWebsites.
  • "Label"means a unique set of symbols (identifier), which is generated by SmmMoney and added to the Articles links that the Partner copies from his/her SmmMoney, Account, in order to keep a record of traffic from this Partner and his earnings.
3

Access to the Services, SmmMoney accounts

Use of the Services is possible in case that you create a SmmMoneyaccount ("Account") and it is confirmed by us. We have the right to refuse or restrict your access to the Services. By submitting an application of the use of the Services, you certify that you are at least 18 years old if you are acting as an individual. You have the right to register only one Account.

By registering in the SmmMoney affiliate program, you get access to the Account where is located the Articles directory and your statistics. Additionally, you are given the right from Kiwi Science to receive a reward for your traffic from your Platforms to the SmmMoney sites that host:

  • articles of cognitive-entertaining content,
  • Google Adsense advertisements ("Ads"),

Moreover, you authorize Kiwi Science to use the Sites at its discretion, namely:

  • delete, add or change the location and format of Ads at any time,
  • add and remove advertisements of other advertising networks without receiving a reward,
  • post and delete Articles without notice,
  • post and remove any other types of advertising without receiving a reward.

When registering, the potential Partner specifies links to its platforms, which are checked by Kiwi Science, and receives a Label that becomes effective from the moment of activation of the Partner Account.
Kiwi Science Company has the right to refuse the provision of the Services to any Partner without explanation.

4

Using our Services

You can use our Services only within the limits established by this Agreement and all existing laws. Abuse of our Services is not allowed. For example, you should not interfere to our Services or attempt to access them using methods not provided by our interface and instructions.

You have the right to terminate the use of any Service at any time by deleting appropriate links from your Platforms.

5

Changes in the Services; changes in the Agreement

We constantly make changes and improve our Services. We can add and remove features or components of the Services at any time. We can also suspend or terminate the provision of a particular Service.

We can amend the Agreement at any time. We will publish any changes of the SmmMoney Terms on this page, as well as any changes of the rules of the SmmMoney affiliate program on the relevant pages. Changes come into force from the moment of their publication. If you do not agree with any amended provisions of the Agreement, you will have to stop using the relevant Services.

6

Payments

In accordance with this Section 6 and Section 11 of the Terms of SmmMoney, you will receive payments according to the number of valid clicks on the Ads, the number of valid ad impressions or other actions which are in connection with displaying Ads on our Sites.

During the validity period of the Agreement, we will provide payment at the end of the calendar month following any calendar month in which the balance of earnings on your Account will be equal to or exceed the current payment threshold of $30.
If your earnings are $30 or higher, you must apply an application for with drawal of funds in cabinet on the 22nd of every month.
You agree that payments may be delayed.

The amounts of payments will be calculated solely on the basis of our accounting records. The charges that are due to you can be withheld either for display purposes or for adjustments to exclude amounts returned or transferred to advertisers' accounts, as well as any amounts caused by invalid activity, according to the definition of the advertising networks and at their own discretion. For example, invalid activity is determined by Google in all cases and includes, among other things:

  • spam, invalid requests, invalid impressions, or invalid clicks on Ads made by any person, query optimization technology, automatic program or by similar devices, including clicks or impressions from your IP addresses or computers in your disposal,
  • clicks due to the payment of money, the provision of false information, or requests to click on ads or other actions, as well as impressions received in this way,
  • Ads shown to end users whose browsers do not support JavaScript,
  • clicks or impressions associated with a significant number of acts described above (in clauses 1, 2 and 3).

In addition to our other rights and remedies, we can withhold and pay off any payments that are due to you under the Agreement, any kind of commission fees that you owe us under this Agreement or any other contract. That is, all commissions are withheld from your payment.
If you do not agree with the payment made or withheld in connection with the Services, you must notify Kiwi Science in writing within 30 days from the date of such payment. Without this, you waive the right to file claims for a disputed payment. If any advertising network, the Ads of which are placed on our sites, annulled our earnings or refused to pay, then we have the right not to pay, withhold or withdraw payment to your account.

You are solely responsible for the accuracy and up-to-date contact and payment information associated with your account. You are responsible for any fees charged by your bank or payment service provider.

If Kiwi Science does not receive earnings from the advertising network for a certain period due to blacklisting, blocking of Sites and advertising accounts of Kiwi Science or for any other reason, Kiwi Science has the right not to pay earnings to Partners during this period.

7

Taxes

As part of your relationship with Kiwi Science,Kiwi Science is responsible for all taxes (if there are any) relating to transactions between Kiwi Science and the ad networks that host Ads on SmmMoney sites. You are responsible for all taxes (if there are any) associated with the Services. All payments made to you by Kiwi Science in connection with the Services will not include taxes, that is, you pay taxes from the received payments (if applicable) in accordance with the laws of your country.

8

Intellectual property, brand elements

Unless otherwise expressly provided in this Agreement, neither party may obtain any rights, including ownership and property rights, on the intellectual property of the other party or licensors of the other party.

If Kiwi Science offers you software in connection with the Services, we grant you a non-exclusive, non-sublicensing license to use such software. This license is granted solely for the purpose of enabling you to use and enjoy the benefits of the Services in the manner provided for in this Agreement. You may not copy, modify, sell or rent out any part of our Services or the included software. You also can not decompile or attempt to extract the source code of the above software, unless such restrictions are prohibited by law or you have our written permission to do so.

We have the right to include your statistics, your name or description in our presentations, marketing materials, consumer lists and financial reports.

9

Personal Information

Our privacy policy describes how we process and protect your personal data. By using our Services, you agree that Kiwi Science may use such data in accordance with the privacy policy.

10

Confidentiality

You agree not to disclose Confidential Information of Kiwi Science without our prior written consent. "Confidential Information of Kiwi Science"  includes:

  • all software, technologies and documentation of Kiwi Science, related to the Services,
  • CTR and other statistical data related to the effectiveness of sites within the Services,
  • information about the existence and principles of the beta functions and about marketing approaches in a particular Service,
  • any other information provided by Kiwi Science, which is defined as confidential or which should be considered confidential in the circumstances in which it was received

Confidential Information of Kiwi Science does not include information you already knew about before using the Services, which was made public not through your fault, which you developed independently or that was legally provided to you by a third party. In addition, you do not have the right to disclose accurate information about the amount of Kiwi Science payments related to your use of the Services, without the written permission of Kiwi Science.

11

Termination

You have the right to terminate the Agreement at any time, following the procedure:

  • write the request to terminate the Agreement to SmmMoney technical support’s email. The agreement will be deemed terminated within 10 working days from the receipt of your notification by Kiwi Science.
  • delete all links to our Sites that you published on your Platforms,
  • if at the time of termination of the Agreement the balance in your Account is more than $ 1, this balance will be paid in the nearest payment period established in this agreement. If the balance is below $ 1, it will remain unpaid.

At any time Kiwi Science Science may terminate the Agreement or suspend or cancel the participation of any of the Partners in the Services for any reason. If the Agreement is terminated due to violation on your part or in connection with invalid activity, we have the right to withhold unpaid amounts or to withdraw the posting of payments to your account. If you break the Agreement or the company Kiwi Science suspends or blocks your Account, you:

  • can not create a new Account,
  • you may lose the right to monetize content in other Kiwi Science products.
12

Compensation for losses

You agree to make amends and defend Kiwi Science, its partners, agents and advertisers from any third party claims, and any obligations relating to the sites, including any content posted on sites not provided by Kiwi Science, your use of the Services or violation of any provision of this Agreement on your side.

13

Attestation, warranty, disclaimers

You represent and warrant that:

  • you have full right and authority to conclude the Agreement,
  • you are the owner or legal representative of the owner of each of the Platforms,
  • you are authorized to make technical and editorial decisions in relation to each of the platforms on which the Service provided, and control the way in which they are used at each platform,
  • Kiwi Science has never previously blocked or otherwise disconnected the SmmMoney Account created by you because of your violation of the Agreement or in connection with invalid activity,
  • the conclusion or execution of the Agreement will not lead to the violation of any of your contract with a third party or third-party rights,
  • all information provided by you is accurate and up-to-date.

Each party warrants that it will apply reasonable measures while compliance with obligations set forth in this Agreement.

Unless otherwise expressly provided in this Agreement, we do not make any promises about the Services. For example, we do not associate ourselves with any obligations in regards to content within the Services, a certain function of the Services and also profitability, reliability, availability or ability to satisfy your needs.

Neither the terms, nor warranties and any other provisions does not function within Services or other products or services offered by Kiwi Science under this Agreement, unless otherwise expressly provided in the Agreement. Do not use any implied conditions, warranties or other terms (including any implied terms related to satisfactory quality, suitability or to meet the requirements).

14

Limitation of Liability

Nothing in this Agreement excludes or limits either party's liability for:

  • deception or deliberate distortion of information,
  • death or bodily injury caused by negligence,
  • anything that can not be excluded or restricted by law. 

Neither party will be liable (whether by contract, tort or otherwise) within or in connection with the Agreement for any special, indirect or consequential damage (regardless of whether such damage was foreseeable, known or otherwise). 

Limitations and exclusions of liability in this Section 14 do not apply to any kind of liability arising from Section 8 ("Intellectual Property, Brand Elements"), Section 10 ("Confidentiality") or Section 11 ("Exemption from liability").

15

Other provisions

Exhaustive character of the Agreement; amendments. Agreement represents a comprehensive contract about the use of the Services and supersedes any other prior or contemporaneous contracts in force on this subject. Amendments to this Agreement can be made:

  • in writing form, subject to signature by both parties and application to amendment of the Agreement in an explicit form, or
  • in accordance with the requirements set out in Section 5, if you continue to use the Services after the amendment of the Agreement by Kiwi Science.

Assignment of rights. You have no right to assign or transfer any of your rights established by this Agreement.

Independent contractors. The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.

Absence of third-party beneficiaries. In addition to what is set out in Section 12, this Agreement does not create the rights of third-party beneficiaries.

Absence of waiver of rights. In addition to what is set out in Section 6, the inability of either parties to enforce any provision of the Agreement is not a waiver of rights.

Divisibility. If it turns out that a certain provision of the Agreement cannot be realized, the remainder of the Agreement will retain full legal force and effect.

Preservation of legal force. Sections 8, 10, 11, 12, 14 and 15 of these Terms and Conditions of SmmMoney will remain in effect after termination of the Agreement.

Applicable legislation; Jurisdiction. This Agreement is regulated by English law. Without prejudice to the rights of either parties apply to any court of competent jurisdiction in the event of emergencies, to obtain interim measures or injunction, any dispute or claim arising out of this Agreement, including any questions related to its existence, legal force or termination, should be considered and resolved in substance by arbitration in accordance with the rules of the London Court of International Arbitration (LCIA) which Rules are considered to be included by reference to them in this paragraph. The number of arbitrators is three. The place of arbitration is London, Great Britain. The language of the arbitration shall be English.

Circumstances of force majeure. Neither parties will be liable for improper performance of the terms of the Agreement in connection with certain circumstances (for example: natural disaster, military action or terrorist act, civil disorder, changes in working conditions, government actions and Internet disruption), in case that this circumstance was not subject to reasonable control by the relevant party.

Notification. As part of your use of the Services, we can contact you about service notices, administrative notifications and other information.Contact the Kiwi Science administration by email: info@kiwi-science.com
Contact SmmMoney technical support by email: info@smmmoney.com

The last edition of January 17, 2018.