Affiliate programm

Individual entrepreneur Akhmatsyanov Vladislav Ruslanovich, OGRNIP 322665800023516, INN 667301479507, address of the place of location (mail correspondence): 620105, city of Yekaterinburg, Academician Sakharov Avenue 29, email address for technical support: vlad@coldy.ai, hereinafter referred to as "Principal", in accordance with Article 435 of the Civil Code of the Russian Federation offers any legal entity or individual entrepreneur who meets the conditions of this agreement (hereinafter referred to as "Agreement"), to accept the offer to conclude this Agreement under the following conditions.

This Agreement is posted on the Internet at: coldy.ai (http://coldy.ai) (hereinafter referred to as "Placement Site of the Agreement"). The Agreement is considered concluded and enters into force with the acceptance by a legal entity or individual entrepreneur (hereinafter referred to as "Agent") in the manner established in Section 7 of this Agreement and is equated with a contract drawn up in writing.

1. SUBJECT OF THE AGREEMENT

1.1. At the request of the Principal, the Agent for a reward (hereinafter referred to as "Reward") undertakes to provide the Principal with a range of agency services for finding and attracting users of coldy.ai (http://coldy.ai), wishing to acquire the right to use software for computers or services of the Principal by sending requests from the Personal Account, placing referral links and/or other materials provided by the Principal in the Personal Account, containing the Agent's code.

1.2. Acceptance of the Offer is confirmation that all and any terms of the Offer are accepted by the Agent in full and without any reservations and restrictions, at the same time confirming that the Agent understands all the terms of the Offer, that the Agent has exercised the right to obtain from the Principal any clarifications regarding the terms of concluding this Agreement, and also confirms that the terms of the Offer fully correspond to the will, needs, and requirements of the Agent. Acceptance of the Offer means that the Offer does not contain the conditions specified in paragraph 2 of Article 428 of the Civil Code and does not contain any other explicitly burdensome conditions for the Agent that he would not accept based on his reasonably understandable interests if he had the opportunity to participate in determining the terms of the Offer, and the Services specified in this Offer are not imposed on the Agent.

1.3. The current version of the Offer is always available at: http://coldy.ai.

1.4. In this Offer, if the context does not require otherwise, the following terms

have the following meanings:

Public contract - offer – this proposal containing all essential terms of the contract from which the Principal's will to conclude a contract on the terms indicated in this proposal with any Agent is inferred

Individual code − a code assigned to the Agent that allows identifying Clients who have contacted the Principal on his behalf to acquire the right to use software for computers.

Personal account — a secure information system of the Principal intended for exchanging information with the Agent, signing reporting documents according to the Agency Agreement, and providing the Agent with necessary information and documents for registration. The Principal provides the Agent with access to the Personal Account in accordance with the procedure established by the Principal for granting access to information resources using a unique identifier (email address) and a password known only to the Agent.

Product — software, the rights owner in the sense of part 4 of the Civil Code of the Russian Federation, and the manufacturer of which is the Principal and/or which is distributed by him based on agreements with other manufacturers and rights holders.

Services — a range of agency services for finding and attracting users of coldy.ai

Agent - a legal entity or individual entrepreneur (except for an individual entrepreneur on the NPD and AUSN).

After concluding the Agency Agreement, the Agent applying the special tax regime “Tax on professional income” (hereinafter referred to as NPD) or “Automated simplified tax system” (hereinafter referred to as AUSN), loses the right to apply it based on subparagraph 5 of paragraph 2 of Article 4 of Federal Law No. 422-FZ of November 27, 2018, "On conducting an experiment to establish a special tax regime "Tax on professional income", subparagraph 21 of paragraph 2 of Article 3 of Federal Law No. 17-FZ of February 25, 2022, "On conducting an experiment to establish a special tax regime "Automated simplified tax system".

1.5. The Agency Agreement is deemed concluded from the moment of its acceptance by the Agent. Under acceptance for the purposes of the Agency Agreement, it is understood to mean the fact of the Agent presenting complete and reliable data that allow to accurately identify him during registration in the section for Partners at: http://coldy.ai.

The Principal reserves the right to verify the data provided during registration and reject the registration application.

2. AGENT REMUNERATION

2.1. The accrual of agency remuneration is carried out by the Principal monthly and is calculated based on the level assigned to the Agent and the percentage rate of the agency remuneration.

2.2. The amount of the Agent's remuneration is determined in accordance with the information provided below:

Level 1: Subscription to Coldy.ai - 20% of the completed transaction. Payment for other services - 10% of the completed transaction

Level 2: Subscription to Coldy.ai - 25% of the completed transaction. Payment for other services - 10% of the completed transaction

Withdrawal of funds is carried out if the Agent’s balance is more than 10,000 (ten thousand) rubles, to the bank details specified by the Agent when applying for the receipt (withdrawal) of funds.

2.3. The agency remuneration is not paid to the Agent if the User attracted by him has created a personal account not through the Agent's link.

2.4. The Agent receives agency remuneration thirty days after the User's subscription payment. If for some reason the User is refunded the money he paid, the agency remuneration is not subject to payment to the Agent in this case.

2.5. The Principal has the right not to pay the agency remuneration in case of improper use by the Agent of the gaming referral program (with respect to himself). 

3. PROCESSING OF PERSONAL DATA

3.1. Acceptance by the Agent of the Agency Agreement signifies the subject's consent to the processing of his personal data for the purpose of fulfilling the Agency Agreement. The subject of personal data under the Agency Agreement is the Agent.

3.2. The Agent allows the Principal to perform the following actions (operations) with personal data, carried out using automation tools or without the use of such tools: collection through the Agent's completion of the registration form on the website at http://coldy.ai, recording, systematization, accumulation, storage on the Principal's server, clarification (updating, modification) after the Agent makes changes, extraction, use, transfer (provision, access) via telecommunication channels to regulatory authorities for submitting reports, depersonalization, blocking, deletion, destruction of personal data — exclusively for the purposes of fulfilling the obligations provided for by the Agency Agreement.

3.3. The list of personal data for which consent is given:

surname, name, patronymic;

registration addresses;

place of residence;

date and place of birth;

passport details (series, number, issued by, code of the subdivision, date of issuance);

INN of the individual;

details for transferring funds, including account number in a credit institution (bank);

contact mobile phone number;

email address;

income under the Agency Agreement.

3.4. This consent to the processing of personal data is given for the term of the Agency Agreement, and after its termination − for the period established by current legislation for storing the Principal's documents which were created by him, including using the Agent's personal data.

3.5. This consent to the processing of personal data may be revoked by the Agent in accordance with paragraph 2 of Article 9 of Federal Law No. 152-FZ of July 27, 2006, "On personal data", in which case further processing of personal data will be performed by the Principal without such consent on the grounds provided in paragraph 2 of part 1 of Article 6 of the aforementioned law: fulfillment of the duties of a tax agent and insurer under the law.

3.6. The Principal guarantees:

3.6.1. observance of confidentiality and ensuring the security of processed personal data;

3.6.2. processing of personal data on the territory of the Russian Federation;

3.6.3. that it has sent a notification to the authorized body for the protection of the rights of personal data subjects about the intention to process personal data in the manner provided by the current legislation of the Russian Federation;

3.6.4. that it has taken necessary organizational and technical measures to protect personal data from unauthorized or accidental access, destruction, modification, blocking, copying, distribution of personal data, as well as from other unlawful actions regarding personal data, in particular:

defining threats to the security of personal data during their processing;

establishing access rules to processed personal data;

detection of facts of unauthorized access to personal data and taking measures to terminate it;

conducting an assessment of the effectiveness of the measures taken to ensure the security of personal data and control over the measures taken.

3.6.5. that when transferring reports containing personal data to regulatory authorities through telecommunication channels, they use means of cryptographic protection of information that have undergone appropriate compliance assessment procedures.

3.7. The Principal undertakes:

3.7.1. upon the written request of the Agent during the term of his instruction for processing personal data, including prior to the processing of personal data, to provide the Agent with documents and other information confirming the measures taken and compliance for the purposes of fulfilling the Agent’s instruction with the requirements established by the Federal Law of the Russian Federation "On personal data";

3.7.2. to promptly notify the Agent of cases where there has been unauthorized or accidental transmission (provision, distribution, access) of personal data that has violated the rights of personal data subjects.

4. OBLIGATIONS OF THE PARTIES

4.1 The Principal is obliged:

4.1.1. To assign to the Agent an individual code used by Users for registration on the Principal's server.

4.1.2. To timely and in full pay the Agent's remuneration in the amount and in the manner established by the Agency Agreement.

4.2. The Agent is obliged:

4.2.1. During registration to indicate accurate information listed in paragraph 3.3. of the Agency Agreement. If the Principal establishes the fact that all or separately stated data not belonging to the Agent has been indicated, the Principal has the right to unilaterally terminate the Agency Agreement immediately.

4.2.2. To perform the accepted instruction on the most favorable terms for the Principal in accordance with the Principal's instructions, and in the absence of such instructions − in accordance with the customs of business turnover or other usually imposed requirements.

4.2.3. To be guided in its activities by the conditions of this Agreement.

4.2.4. Within 5 (Five) working days from the day of changing its details (name, location, mailing address, bank details, phone numbers, email address, passport data) or registering changes and additions to the founding documents, to notify the Principal by changing the data in the Personal Account about such changes.

4.2.5. Not to use coldy.ai advertising in its name on the Internet.

4.3. The Principal reserves the right to establish individual working conditions for the Agent regarding the Product/Project, in which case the Parties sign a supplementary agreement to the Agency Agreement.

5. LIABILITY OF THE PARTIES

5.1. Unless otherwise provided by the Agreement, in case of non-fulfillment or improper fulfillment of obligations provided for by this Agreement, the guilty Party undertakes to compensate the other Party for all incurred losses in accordance with applicable law. Payment of a penalty and reimbursement of damages do not exempt the Party from fulfilling its obligations under this Agreement.

5.2. In case of violation by the Principal of its payment obligations for the Reward, the Agent has the right to suspend the provision of services under the Agreement until the Principal fulfills its obligations.

5.3. The Principal has the right to unilaterally withhold (set-off) the sums of the Reward stipulated by the Agreement that are to be paid to the Agent as fines and penalties for violation of the terms of this Agreement.

6. TERM OF ACTION AND PROCEDURE FOR TERMINATION OF THE AGREEMENT

6.1. For existing Agents — legal entities/individual entrepreneurs and the Principal, the Agency Agreement comes into force from the moment of its publication. For new Agents — legal entities/individual entrepreneurs — from the moment of its conclusion.

6.2. The Agency Agreement shall remain in effect until the end of the calendar year. If neither Party expresses a desire to terminate it 30 (Thirty) calendar days prior to the end of its term, the Agency Agreement shall automatically be extended for the next 12 (Twelve) months.

6.3. The Principal has the right to make unilateral changes to the Agency Agreement after notifying the Agent by publishing a new version of the Agency Agreement-offer on the website http://coldy.ai. Continuing cooperation between the Principal and the Agent after the publication of the new version of the Agency Agreement means that the Agent accepts the changes made to the Agency Agreement and agrees with them.

6.4. Any of the parties has the right to unilaterally terminate the Agency Agreement.

6.5. The Party wishing to terminate the Agency Agreement must notify the other Party 10 (ten) days prior to the termination by sending a notification via electronic means.

The email address of the Agent is specified when filling out the registration form. The email address of the Principal is vlad@coldy.ai,

6.6. The Principal has the right to immediately suspend, until termination, the action of the Agency Agreement, as well as to block the account (Personal Account) of the Agent in the Principal's information system in the following cases:

6.6.1. Repeated violations by the Agent of the terms of the Agency Agreement.

6.6.2. Repeated (5 or more times) establishment by the Principal of the fact of the Agent sending information about a User, not intending to use the Services of the Principal, which the Principal considers as a User attracted by the Agent.

6.6.3. If the Principal becomes aware of the application of NPD/AUSN by the Agent.

6.6.4. If the Principal becomes aware of the assignment of the status of a foreign agent to the Agent.

6.7. In case of termination of the Agency Agreement for any of the above grounds, the Principal reserves the right to apply a penalty to the Agent in the amount of the agency remuneration due to the Agent.

6.8. In case of termination of the Agency Agreement for the reasons specified in paragraphs 6.6.1. – 6.6.4. of this Agreement, the Principal sends the appropriate notification to the email address of the Agent indicated upon registration. In this case, the Agency Agreement is considered terminated from the date specified in the termination notification.

6.9. The Parties undertake to make final settlements within 30 (thirty) calendar days from the date of termination of the Agency Agreement.

7. OTHER CONDITIONS

7.1. The Parties undertake to resolve all disputes and disagreements through negotiations. In case of failure to reach an agreement, all disputes and disagreements arising in the performance of the Agency Agreement shall be submitted to the court at the location of the defendant/Arbitration Court of the Sverdlovsk Region, with mandatory compliance with the pre-trial (out-of-court) procedure for resolving disputes. The response period for a claim is set at 30 calendar days.

7.2. Within the framework of the Agency Agreement, the Principal undertakes to fulfill all obligations taken under a previously valid Agency Agreement that were not fulfilled at the time of the changes/termination of such an Agreement. The Agency remuneration is calculated based on the rates established by the previously valid Agency Agreement and is paid in accordance with the terms of the Agency Agreement.

7.3. By concluding the Agency Agreement, the Agent agrees to be informed by sending an email to the email address, sending SMS notifications, sending messages to messengers, making calls to the phone number provided at registration for interaction with the Principal for the purposes of fulfilling obligations under the Agency Agreement.

7.4. For the purposes of this Agreement, the applicable law is the law of the Russian Federation.