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Affiliate offer (Partnership program)

Saint Petersburg, Russia

Topvisor LLC, represented by its CEO Denis Anatolyevich Pustovoyt (hereinafter referred to as the "Company"), offers any legal entity or individual entrepreneur (hereinafter referred to as the "Partner") the opportunity to enter into a partnership agreement under the terms outlined below.

According to Clause 2, Article 437 of the Civil Code of the Russian Federation, this document constitutes a public offer. The agreement is concluded by the Partner's acceptance of this public offer, which contains all the essential terms of the contract. This document has legal force in accordance with Article 434 of the Civil Code of the Russian Federation and is equivalent to a contract signed by both parties. It is valid in electronic form.

This version of the offer is effective as of March 11, 2024.

1. Terms and Definitions

Service — a copyrighted intellectual property product in the field of information technology (specifically, software for monitoring, analyzing, and evaluating the effectiveness of search engine optimization). The Service includes a set of software tools available at https://topvisor.com.

Referral — a user who registers in the Service through the Partner’s referral link.

Referral Link — a unique tracking link used to refer new users (Referrals) to the Company’s Service under a specific Partner’s account.

Account — a personalized section of the Service assigned to the Partner.

Referral Account — a dedicated account section where the Partner’s commission earnings are credited.

Bonus Account — a separate account section where the Company credits bonus points. One bonus point is equivalent to one Russian ruble. These points can only be used to pay for the Service’s features.

Spam — defined in accordance with Clause 1, Article 18 of the Russian Federal Law "On Advertising." Advertising can only be distributed with the prior consent of the recipient. If the advertiser cannot prove that consent was obtained, the advertisement is considered unauthorized. Advertisers must immediately stop sending advertisements upon request.

Terms not defined in this section shall be interpreted in accordance with the text of the Agreement, Russian legislation, explanations provided on the Service's pages (including https://topvisor.com/ru/support/), and commonly accepted definitions on the Internet.

2. Subject of the Agreement

2.1. Under this Agreement, the Partner agrees to perform actions aimed at finding and attracting individuals, entrepreneurs, organizations, and other entities (hereinafter referred to as Referrals) to access the Company's Service. In return, the Company agrees to pay the Partner a commission as outlined in this Agreement.

2.2. The Partner is not the owner or provider of the Service but acts as an intermediary between the Company and Referrals. Any agreements or transactions with Referrals are concluded directly by the Company. The Partner does not sign contracts with Referrals or receive payments from them.

All agreements with Referrals are concluded directly by the Company. The Partner does not sign contracts with Referrals and does not receive payments from them.

2.3. The Agreement is considered accepted once the Partner first shares or otherwise uses their referral link.

3. Rights and Obligations of the Parties

3.1. The Partner has the right to:

3.1.1. Use the referral link provided in their Account to promote the Service on their own Internet resources or through mailings, informing about the Company's activities;

3.1.2. Use screenshots of the Service's pages to inform Referrals about how to interact with the Service;

3.1.3. Receive commission from the Company as per the terms of this Agreement;

3.1.4. Receive necessary consultations from the Company regarding their obligations under this Agreement;

3.1.5. Provide all necessary information, including the Company's addresses and contact details, as well as the terms of access to the Service;

3.1.6. Perform other actions aimed at encouraging potential Referrals to collaborate with the Company, provided they do not conflict with this Agreement.

3.2. The Partner is obligated to:

3.2.1. Avoid actions that could impose obligations on the Company toward third parties who are not Referrals;

3.2.2. Act in good faith and exclusively in the Company's interests, without violating the obligations set forth in this Agreement;

3.2.3. Avoid actions that could harm the Company's reputation, reduce trust in the Service, or mislead potential Referrals about the Company's activities;

3.2.4. Promote trust among potential Referrals and others toward the Company and the Service;

3.2.5. Notify the Company of any situations or individuals violating the Company's legal rights or interests and cooperate to protect the Company.

3.3. The Partner is prohibited from:

3.3.1. Using any form of spam to attract Referrals;

3.3.2. Placing ads on websites containing information that violates human rights, promotes violence, racial discrimination, drugs, or other illegal content under Russian law;

3.3.3. Using the Company's trademarks except as specified in Clause 3.1.2.

3.4. The Company is obligated to:

3.4.1. Timely pay the Partner the commission as stipulated in this Agreement.

3.4.2. Provide the Partner with mandatory instructions and guidelines for fulfilling their obligations under this Agreement.

3.5. The Company has the right to:

3.5.1. Monitor the Partner's activities in fulfilling their obligations under this Agreement;

3.5.2. Issue instructions and guidelines that the Partner must follow;

3.5.3. Enter into partnership agreements with other parties without restrictions;

3.5.4. Independently engage in activities similar to the Partner's under this Agreement;

3.5.5. Provide the Partner with informational support and assistance;

3.5.6. Unilaterally terminate the Agreement without compensation if the Partner's actions harm the Company's reputation or violate Clauses 3.3.1, 3.3.2, or 3.3.3;

3.5.7. The Company reserves the right to unilaterally modify the terms of this Agreement. Such changes take effect from the date of publication unless otherwise specified in the corresponding notice.

If the Partner does not agree with the amendments, they must submit a written notice to the Company within 30 (thirty) calendar days from the publication date of the updated Agreement. Failure to do so will be deemed as acceptance of the changes by the Partner.

3.6. The Parties bear other rights and obligations as outlined in this Agreement.

4. Partner Compensation

4.1. A Partner is eligible for compensation when a Referral registers through the Partner’s referral link on the Company’s Service and makes a license fee payment of at least 100 RUB.

4.2. The Partner’s compensation is calculated based on the total license fee payments made by each Referral within two (2) calendar years from their registration date, as follows:

  • Level 1: For total payments between 100 RUB and 5,000 RUB (or the USD equivalent based on the Bank of Russia exchange rate on the payment date), the Partner receives a one-time payment of 100 RUB;
  • Level 2: For total payments between 5,000 RUB and 50,000 RUB, the Partner receives a one-time payment of 500 RUB;
  • Level 3: For total payments between 50,000 RUB and 200,000 RUB, the Partner receives a one-time payment of 4,500 RUB;
  • Level 4: For total payments between 200,000 RUB and 500,000 RUB, the Partner receives a one-time payment of 15,000 RUB;
  • Level 5: For total payments between 500,000 RUB and 1,000,000 RUB, the Partner receives a one-time payment of 30,000 RUB;
  • Level 6 and beyond: For every additional 500,000 RUB in total payments beyond 1,000,000 RUB, the Partner receives a one-time payment of 50,000 RUB.

Compensation is credited simultaneously with the Referral’s license fee payment and at each level milestone. If a Referral’s payments qualify for Level 2 or higher, the Partner receives cumulative payments for all preceding levels. All earned compensation is reflected in the Partner’s referral account.

No compensation is awarded for a Referral beyond two (2) calendar years from their registration date.

If the Partner does not dispute the credited compensation amount within five (5) calendar days of its reflection in their account, the amount is considered accepted and final.

4.3. The Partner's compensation is paid when the compensation amount reaches at least 5,000 (five thousand) rubles after the Partner submits to the Company an act of rendered services and an invoice for service payment using electronic document management (Section 6 of this Agreement), with the mandatory indication of the Partner's ID in the Service.

If the conditions specified in this clause are not met, the compensation will not be paid until the Partner brings the documents into compliance with the conditions of this clause.

4.4. The Partner has the right to use the accrued compensation to pay for the license fee after transferring funds to the bonus account in accordance with the user (license) agreement posted on the Service page — https://topvisor.com/confirm-rub/.

In this case, the relationship between the Parties regarding the use of the Service is governed by the user (license) agreement. The Partner's compensation may be used to pay for the Service’s software services only after the credited funds on the referral account are transferred to the Partner's bonus account.

The Partner has the right to transfer an amount of 500 rubles, 1,000 rubles, 3,000 rubles, or the entire amount available in the referral account to the bonus account in a single transfer of funds.

4.5. The Partner is obliged to return the accrued or paid compensation to the Company in the event that the Referral refuses to use the Service or if the funds paid by the Referral as a license fee are refunded by the Company to the Referral for any other reason.

5. Dispute Resolution and Liability of the Parties

5.1. The Parties are liable for failure to perform or improper performance of this Agreement in accordance with the legislation of the Russian Federation and this Agreement.

At the same time, the Company's liability to the Partner in case of a claim for damages or penalty payment is limited to an amount of 10,000 (ten thousand) rubles.

5.2. The Company is not responsible for the actions of the Partner related to the placement and/or distribution of the referral link.

5.3. The Company is not responsible for the actions of third parties aimed at violating information security or the normal functioning of the Service, the absence of an Internet connection, the use of software and/or hardware unsuitable for using the Service, actions taken by government and municipal authorities, as well as other organizations within the framework of operational‑search activities, the establishment of state regulation (or regulation by other organizations) of commercial activities on the Internet, and/or the imposition of restrictions by such entities that complicate or make it impossible to fulfill this Agreement, as well as other cases related to the actions (inaction) of Internet users and/or other entities aimed at deteriorating the general situation of Internet and/or computer equipment use, which existed at the time of concluding this Agreement.

5.4. The Partner is responsible to the Company for violating the terms of this Agreement and is obliged to compensate the Company for any losses caused by such violations in full.

5.5. Neither Party shall be liable for full or partial failure to fulfill any of its obligations if such failure results from force majeure circumstances arising after the conclusion of the Agreement and beyond the control of the Parties. If force majeure circumstances persist for more than thirty days, either Party has the right to unilaterally terminate its obligations under this Agreement and terminate the Agreement.

5.6. If disputes or disagreements arise between the Parties under this Agreement or in connection with it, the Parties shall take all measures to resolve them through mandatory pre‑trial claims procedure. The claims procedure for dispute resolution is mandatory for the Parties (in accordance with Part 5, Article 4 of the Arbitration Procedural Code of the Russian Federation). The response time for a claim is ten calendar days from the date of receipt of the claim by the respective Party.

5.7. If disputes cannot be resolved through negotiations, they shall be referred to the Arbitration Court of St. Petersburg and the Leningrad Region.

6. Electronic Document Management

6.1. Under this Agreement, the Parties exchange only electronic documents (hereinafter referred to as "EDM") in accordance with the legislation of the Russian Federation, which establishes electronic document formats and exchange procedures. The Parties independently monitor changes in the current legislation of the Russian Federation and undertake to ensure the technical feasibility of implementing such provisions.

6.2. Electronic documents (both formalized and non‑formalized) exchanged by the Parties under this Agreement must be signed with a qualified electronic digital signature, which implies that each Party obtains electronic signature verification key certificates from an accredited certification center and takes the necessary steps to configure access and conduct EDM.

6.3. EDM between the Parties is provided by the operator JSC "PF "SKB Kontur" (https://www.diadoc.ru). If the Partner has an electronic signature from another EDM operator, a mandatory condition is to ensure a configured exchange of electronic documents between EDM operators.

6.4. The Parties agree that this Agreement, acts, invoices, and other documents, including informational letters sent by each Party in the course of fulfilling this Agreement, are equivalent to receiving documents in paper form and entail the corresponding legal consequences for the Parties. Such documents are accepted by the Parties as primary accounting documents, may be used as evidence in legal proceedings, and may be submitted to government authorities upon request.

6.5. Each Party is responsible for ensuring the confidentiality of electronic signature keys.

7. Other Conditions

7.1. This Agreement enters into force on the date of its acceptance and remains in effect until the Parties fully fulfill their obligations.

7.2. By accepting and agreeing to the terms of this offer through its acceptance, the Partner guarantees that they are entering into this Agreement voluntarily, have read all its terms, accept them, and have all the rights and authority necessary to conclude and fulfill this Agreement.

The Partner also confirms that they are aware of the Company's activities, the legal aspects related to this Agreement, and the possible risks associated with these conditions.

7.3. This Agreement may be terminated by mutual agreement of the Parties, in the case provided for in clause 3.5.6 of this Agreement, as well as at the initiative of the Partner if they send a written notice to the Company at least 30 (thirty) calendar days before the termination date in the manner specified in Section 6 of this Agreement.

7.4. The Parties acknowledge that any information related to the execution of this Agreement is a trade secret and undertake to strictly maintain the confidentiality of such information, not disclosing it to third parties, except when necessary for the purposes of the Agreement or for disclosure to the relevant government authorities in cases determined by law. This provision does not apply to publicly known or publicly available information.

7.5. Each Party undertakes to ensure the confidentiality of identification, authentication, and access rights information (login, password, etc.) to its email. Each Party independently bears any risks and consequences arising from the disclosure, distribution, or unauthorized use of the above confidential information due to the fault (including negligence) of such Party, its employees, and/or representatives who had access to such information. A Party that has experienced unauthorized disclosure of information must immediately (no later than the next business day) notify the other Party in writing.

Company Address and Details

LLC "Topvisor"
Legal address: 191119, St. Petersburg, Voronezhskaya St., 5, letter A, room 34-N, office 242 
Tax ID: 4726000897, CIE: 784001001 
NCEO: 1134726000573 
Bank account: 40702810710000001667
Bank: JSC "TBank"
BIC: 044525974
Corr. account: 30101810145250000974
Email: info@topvisor.com