These Terms and Conditions exist for the benefit of ABC Smart and its members. ABC Smart, at its sole discretion, reserves the right to terminate the account of any member caught in violation of the Terms and Conditions without notice.
0. The Preliminary Agreement0.1. The Agreement parties operate as subjects of enterprise activity which is understood as the independent, initiative activity carried out on the risk directed on reception of profits by the persons registered for conducting of business in an order, established by the legislation of the country of a site of the Partner.
0.2. A condition of reception of the status of the Partner with the right to compensation under the bonus program due to the marketing plan is an acquisition by the Partner of a business-place in the Company.
1. General Terms and Conditions1.1 Illegal activity. Members may not present ABC Smart promotions on any page, newsgroup, email or any distribution method that is regarded objectionable by ABC Smart, its Internet Service Providers, or otherwise considered unlawful according to any controlling legal authority. This includes, but is not limited to, pornography, computer viruses, prostitution, obscenity or Spam.
1.2 Third-Party Liability. ABC Smart will in no way be liable for the actions of third parties that may in any way cause members harm.
1.3 Terms and Conditions. ABC Smart reserves the right to update, modify, add or change the terms and conditions without notice.
1.4 Membership Fee. Our Lifetime membership fee ranges from 10 Euro to 5000 Euro depending on marketing plan, nonrefundable.
1.5 The membership of the user can be canceled anytime by the administrator without giving any reason.
1.6 There is only Membership charge to become a member.
1.7 We Accept payment only through OKPay, Perfect Money and QIWI Wallet.
1.8 Any member acting unethical or unprofessional may be removed without refund at the sole discretion of ABC Smart with all future commissions or products usage forfeited.
1.9 Membership Cancellation. Membership at ABC Smart is voluntary and therefore may be canceled at any time by the member. ABC Smart will only cancel/terminate a membership if it’s deemed that the member is operating in conflict with ABC Smart terms and conditions.
1.10 Cancellation/Termination of membership. Any membership that is canceled/terminated will forfeit all benefits and privileges associated with ABC Smart. Any positions held in participating Programs owned by ABC Smart will also be forfeited and ownership will be reassigned to ABC Smart.
1.11 Relationship. A member is neither an employee nor an independent contractor of ABC Smart.
1.12 Disputes. Agreements shall be interpreted under the laws.
1.13 Private Information. ABC Smart will never provide personal information about its members to third parties without the consent of the member unless required by law.
1.14 Copyright Material. All branding, logos and graphics contained within ABC Smart are copyright use; distribution or copying of such content is expressly prohibited. ABC Smart provides members with approved material for marketing within the members area.
1.15 Damaging Intent. Any Member who engages in chat, email, postings or any other medium, content that is deemed damaging to ABC Smart and or its members will be terminated from ABC Smart. Depending on seriousness, ABC Smart may deem it appropriate to exercise legal action.
1.16 UCE/UBE or SPAM. ABC Smart strictly prohibits the use of UCE or SPAM. This enforcement is at the sole discretion of ABC Smart and for the benefit of all its members. Members proven to be participating in such activities will have their memberships canceled.
1.17 Contact Information. It is the responsibility of members to keep their personal records up to date at the members area. ABC Smart will not be responsible for communication error due to incorrect or out of date contact information. Continued failed attempts to make contact with you may result in the termination of your membership.
1.18 Tax. You, the member, are responsible for any and all taxes payable in you resident domicile or jurisdiction, for any income you receive either from ABC Smart or any program promoted via the ABC Smart program.
2. The Rights and Duties of the Parties
2.1 The partner, within the limits of Agreement performance undertakes:
2.1.1 To make the actions directed on placing of orders among clients for delivery of the goods and acquisition by them of services of the Company "ABCSMART INC." in the form comprehensible to the Partner, including:
search of Partners for the goods and Company services;
distribution of advertising materials of the Company among potential clients;
an establishment of contacts for clients, both potential, and entered into the Agreement with the Company on delivery of the goods, rendering of services;
other actions which have been not forbidden by the legislation of the state under which jurisdiction there is a Partner, and not contradicting conditions of the Agreement, necessary for operative and effective realization of the goods and services of the Company.
2.1.2 After coming to a compensation it is necessary to fill and send the interactive form by means of communication means (phone, a fax, e-mail).
2.1.3. To give the Company only a trustworthy information, including telephone numbers, addresses mail and an e-mail, information from the documents proving the identity, confirming registration on a residence and an actual place of residing.
2.1.4. In case of change of the personal and contact data of the Partner given by him to the Company at agreement undertaking, to inform the Company on all changes of this data in time not later than 7 (seven) calendar days from the date of changes.
2.1.5. Not to permit either written, or the oral statements discrediting the company. Otherwise the Company can impose penalties (at the rate of 10.000 euro).
2.2. The company undertakes:
2.2.1. To give the chance to the Partner to choose a unique free login to which the accounting record in Company system is adhered, and to provide round-the-clock access to operational-registration system (back-office) from the moment of the conclusion of the present Agreement;
2.2.2. To provide confidentiality of the data, and also data on operations in back-office of a Partner, except for cases when the Companies duty is to give the information, concerning the Partner, to state structures or other persons, directly provided by the law;
2.2.3. To provide to the Partner an advertising platform for successful advancement of exclusive production (possibility to use online-room for conferences);
2.2.4. To provide to the Partner a possibility to participate in partner programs for advancement of the services offered by the Company.
3. The Procedure of Payments
3.1. The partner obtains a reward on the basis of the marketing program, according to the Program and does not apply for Company profit. Compensation to the Partner is charged in his back-office into the internal account.
3.2. The withdrawal of money to the bank account is made within 7-14 working bank days, the withdrawal of money to a debit card is made in a current 7-14 working bank days. Expenses on transfer of money in both cases occur for the account of the Partner of the Company, who withdraw money.
4. The Responsibility of the Parties
4.1. In case of default or inadequate execution of one of the Parties of obligations under the Agreement other Party has the right to apply the sanctions provided by the given Agreement to a guilty party.
4.2. The party which has caused damage to other Party under the Agreement is obliged to compensate to other Party a material damage. Besides, it can form the basis for a prescheduled termination of the agreement at the initiative of the Party to which the damage has been caused.
4.3. The company does not answer for obligations the Partner before the third parties even if these obligations are connected with execution of the Partner of the present Agreement.
5.1. The parties undertake not to disclose any information on Agreement execution, including data on clients, compensation of the Partner and other information, concerning the Parties.
5.2. The partner is obliged to keep as fiduciary any information, which became known to him in connection with execution of conditions of the Agreement of clients information, counterparts and Company commercial transactions.
6. The Resolution of Disputes
6.1. All disputes under the Agreement are subject to obligatory settlement in pre-judicial order by negotiations.
6.2. In a case if dispute has not been settled by negotiations between the Parties, the interested party is obliged to direct to other Party the written claim, which another Party is obliged to consider and give the written answer to other Party within 10 (ten) days after reception of the written claim.