Worksection Agreements

WORKSECTION

User Agreement

This User Agreement (hereinafter «Agreement») is concluded between you (hereinafter «User») and LLC «Worksection», hereinafter referred to as Contractor, represented by Director, Oleksii Lushchyk, acting on basis of the Charter (hereinafter «Worksection») and regulates all use of the website https://worksection.com (the «Website») , which is owned and operated by Worksection and Services provided by Worksection, through the Website and all information that is available on the Website.

1. SUBJECT OF AGREEMENT

1.1. Only the person(User) who took all the terms of this Agreement, available at https://worksection.com/offer_agreement_en.html, «Privacy Agreement» posted at https://worksection.com/en/conf_agreement.html, and other rules provided on the Website has right to use the Website.

1.2. User must read carefully the Agreement before using the Website. By using any part of the Website, User agrees to be bound by the terms of this Agreement with Worksection. If you do not agree with the terms of the Agreement (in whole or in part), then you will not be granted the status and rights, and you have no right to use the Website, including but not limited to, any information posted on the Website and any services provided within the Website.

1.3. Terms of Agreement apply to all users of the Website — both to users who do not have an account on the Website (not registered user) or for users who have any account, any of the available types. An account means the totality of information about the user and authorization data (login, password).

1.4. User has no right to use the Services and can not accept the Agreement unless he has reached the legal age, when he has the right to accept such agreements with INRING.

1.5. If the law of the country residence’s or sojourning of User outlaw the use of the Site or Services for any reason, the User shall refrain from using the Site or Services, but if continue to use Software at their own risk.

2. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

2.1. Access to the Website for using the provided with it`s help services is possible only for registered users (who created the account).

2.2. If the User believes that the Website may contain information that would violate his rights, the User must notify Worksection and provide information that confirms the violation of rights. If the user provides false information about the violation of his rights, he bears full responsibility for damages (including costs, fees and payment for legal services).

2.3. When using the Website User is prohibited from:

2.3.1. Create more than one free account on the Website;

2.3.2. To register an Account on behalf of or for another person. At the same time, allowed registration of User by Administrator according to appropriate Account, and also Account of individual or legal person in case of obtaining the necessary authority in the manner and form prescribed by the legislation of Ukraine;

2.3.3. Foment and promote the incitement to religious, racial or ethnic hatred;

2.3.4. Commit acts that violate the rights, freedom, honor and dignity of any person;

2.3.5. To publish information (including any materials) that violates the copyrights, the signs for goods and services, industrial property rights and / or rights to other intellectual property rights that belong to Worksection and / or third parties;

2.3.6. To publish information that violates the rights and legitimate interests of third parties (including the publishing of photos and videos, the main object of which is a person if that person did not consent to publish pictures or video of his participation on the Website);

2.3.7. To publish material of a pornographic nature and the materials prohibited by the publication of legislation on public morals;

2.3.8. Carry out an illegal gathering, storage or distribution of personal information of users of other accounts;

2.3.9. To try to gain access to account and / or login and password of another user in any manner, including but not limited to, using deception, abuse of trust, selection of a login and password;

2.3.10. To place a computer virus and / or programs that may interrupt or disrupt the normal functionality of the hardware and / or software, and telecommunication facilities of any person.

2.4. The Responsibility of the User:

2.4.1. User is responsible for any use of information available on the Website.

2.4.2. The user is solely responsible to third parties for his actions or omissions when using the Website.

2.4.3. Customer agrees to settle all claims of third parties that relate to acts or omissions of the User when using the Website all alone and at his own expense.

2.4.4. If the user does not prove the contrary, any action on the Website made using his account and / or his / her login and password, considered to be executed in this Account, and the User is solely responsible for such actions, their consequences and results as of if the use of User’s account by a third person was authorized by the User.

2.4.5. In the case of publishing the information by User on the Website infringing the Agreements between the Parties or applicable law Worksection has the right to block access to such information without notice, at its sole discretion, on the period of time needed to determine legality of publishing and using such information.

2.4.6. For violating the terms of this Agreement, Worksection has the right, without prior notification to block User from accessing the Website and / or remove User account.

2.4.7. The User that has the rights of new user registration within its Account on the Website, confirms that at the time of creating by him the Account for new User, new User has consented to the creation of such an Account, and that the new User has read and fully accept the conditions of this Agreement, the terms of «Privacy Agreement» and the conditions of other agreements referred to in the Website, which are binding for the use of the Website and Services. Otherwise, the User bears full and sole responsibility for the actions of new User using Websites and Services by him.

2.4.8. The User, providing for use his Account to another person confirms, that at the moment providing such using, new User has read and fully accept the conditions of this Agreement, the terms of «Privacy Agreement» and the conditions of other agreements referred to in the Website, which are binding for the use of the Website and Services. Otherwise, the User who provided access to his Account bears full and sole responsibility for the actions of new User using Websites and services by him.

2.4.9. The User, who registered the new User within his Account, has the right to delete the Account of this User solely at any moment. The new User accept such condition of Agreement.

2.5. The Responsibility of Worksection:

2.5.1. Worksection is not responsible for any use by third parties the content posted by Users on the Website (for example if the User has authorized access for a third party to User`s information, or if the third party gained an unauthorized access), including the copying, reproduction and distribution, as implemented in within the Website, and other possible ways.

2.5.2. Worksection is not reimbursing for damages, direct or indirect, caused to User or any third partes in the result of use or non-use, including inability to use the Website.

2.5.3. Worksection assumes no obligation to check, change and control the information that is published by someone on the Website, does not guarantee and is not responsible for the accuracy of the information, its legality, quality and compliance with the specific demands and needs of Users of the Website.

2.5.4. Worksection is not responsible for the content of websites that do not belong to him, references to which may be presented on the Website, and do not guarantee their availability, correct operation and compliance with the noted theme.

3. INTELLECTUAL PROPERTY

3.1. The user who published on the Website any information that contains intellectual property, including but not limited to, text, graphics, audio and video products, computer programs, databases, trade marks for goods and services, etc., ensures that upload to the Website, copying and use of this information and / or intellectual property rights contained in it, will not infringe rights of third parties.

3.2. This Agreement does not grant to the User any ownership rights to any intellectual property of Worksection or third parties, if it is not explicitly noted, and all ownership rights with respect to such facilities remain solely to Worksection and / or the relevant third party.

4. CONFIDENTIALITY

4.1. The User confirms that he has a look at and fully accept the conditions of the «Privacy Agreement» concluded between Worksection and User.

5. ADDITIONAL TERMS

5.1. Worksection has the right to amend to this Agreement. All amends to the Agreement will be available in a new version of the Agreement at https://worksection.com/user_agreement_en.html. In the case of significant amends to the Agreement, Worksection further inform User about these amends by e-mail. All amends to the Agreement shall enter into force after their publication. Using the services or Website the User agrees to new terms in the Agreement in force as from the date of using services or Website.

5.2. Worksection is not responsible for loss or damage suffered by Users or third parties resulting from erroneous understanding or misunderstanding of the terms of this Agreement, instructions or guidance on the use of Website or Services for order of providing data and other technical issues.

5.3. The user provides Worksection the right to send messages to the User, which contain information about the Website, services of Worksection and other information. The User agree that such messages do not determined as «Spam» (the messages including advertising which the User do not want to receive.

5.4. In the case of invalidation or unenforceable any part of this Agreement, other parts of the Agreement shall remain in force. Failure of either Party of any term or condition of this Agreement or any breach of them does not negate the effect of this provision or condition.

5.5. Worksection provide the Website «as is». Worksection do not guarantee compliance the Website to objectives and expectations of User. Worksection responsible for the uninterrupted operation and error-free performance of the Website, as well as the safety of the user account and information, which is posted by the User on the Website only in the framework of agreements and contracts concluded between the User and Worksection.

5.6. Worksection has the right to unilaterally change the value, types and duration of services provided within the Website.

5.7. Worksection may assign its rights under this Agreement to any third party at any time and without notice.

5.8. Until this Agreement and relations between Worksection and the User, apply the legislation of Ukraine. The Parties fully agrees that the competent courts of Ukraine shall have exclusive jurisdiction for any claims and disputes relating to the Agreement.

Affiliate Agreement

This Affiliate Agreement («Agreement») contains the terms and conditions that apply to your participation as an affiliate («you» or «Affiliate») in the Puladesign (the «Company») Affiliate Program.

Affiliate acknowledges that it may participate in the Company Affiliate Program only under the terms and conditions set forth below, and that subsequent to Company accepting this Agreement, Company will, in its sole discretion, determines whether or not to accept Affiliate into Company’s Affiliate Program.

By submitting an application to become an Affiliate, you warrant that you have read and understand this Agreement, and you agree to be bound by it.

To begin the enrollment process, you must submit a complete Affiliate Program Application via the Company Web site. We will evaluate your application and notify you of your acceptance or rejection. We reserve the right in our sole and absolute discretion, to accept or reject your application for any or for no reason whatsoever.

Upon notice of acceptance of your application, this Agreement shall be effective between you and the Company («us» or «we»). If we reject your application you will not be able to participate in the Company Affiliate Program.

1.Definitions

1. Throughout this Agreement, capitalized terms shall have the meaning ascribed to them in quotes. In addition, for purposes of this Agreement, the following definitions apply:

1.1 «Advertising» or «Advertisements» means any and all banner or box-style advertisements, pop-up or pop-under placements, text links or other similar solicitations through the Internet that promote Company Products or Services and that contain a Link to the Company Site.

1.2 «Affiliate» means any person or entity that has submitted an Affiliate Program Application and has been accepted for participation in the Company Affiliate Program in accordance with the terms of this Agreement.

1.3 «Agent» is defined in Section 5.

1.4 «Company Brand Features» means Company trade names, trademarks, service marks and/or logos authorized by Company.

1.5 «Company Products and Services» means those proprietary products and services currently offered on the Company Site, which currently consists of online project collaboration and project management software, and any proprietary products or services as may be offered at a future date on the Company Site during the Term of this Agreement. «Company Products and Services» does not include products and services offered by third parties on or through the Company Site.

1.6 «Company Site» means the Company Internet site currently located at www.worksection.com and worksection.com or any page, section, subsection or subdirectory thereof, and any other additional, substitute or successor site that may be designated by Company under this Agreement.

1.7 «Customer» means any person or entity who (i) successfully purchases a Company Product or Service from the Company Site (ii) using a Link and (iii) through such Link provides a valid email address and valid credit card information to facilitate such purchase via the Company Site, and (iv) provided that the person or entity has not previously purchased a product or service through the Company Site.

1.8 «Intellectual Property Rights» means all rights in and to trade secrets, patents, copyrights, trademarks, know-how, as well as moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to any of the foregoing.

1.9 «Link» means an embedded graphic, icon or text containing a unique hypertext pointer to the URL address for the Company Site that is embedded in an Advertisement and that identifies consumers that become Customers via the Advertisement.

1.10 «Referral Fee» is defined in Section 4.

1.11 «Term» is defined in Section 2.

2. Term and Termination

2.1 The term of this Agreement («Term») will begin upon our acceptance of your application and will end when terminated by either party in writing or by email.

2.2 The Term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement, in accordance with the following: (i) either party may terminate this Agreement immediately by giving notice to the other party; or (ii) Affiliate agrees and acknowledges that if Affiliate breaches any provision of this Affiliate Agreement Company may immediately terminate Affiliate from the Affiliate Program. Upon termination of this Agreement, Affiliate must immediately remove from Affiliate’s Web site(s) and cease using any Advertising or Links. Following termination of this Affiliate Agreement, Affiliate agrees to refuse from any his balance amounts that were earned from Company in breach of this Agreement.

2.3 Upon termination of this Agreement, Affiliate shall immediately cease serving or using Advertisements.

2.4 No Referral Fees or bonuses shall be due with respect to Customers who register after the date of termination. We reserve the right to withhold your final payment for up to 60 days as necessary to calculate properly any amount due to you.

2.5 Upon termination of this Agreement, all rights and obligations of the parties under this Agreement will be extinguished, except for those rights and obligations that either by their express terms survives or that are otherwise necessary for the enforcement of this Agreement. Sections 5 and 8-21 of this Agreement, inclusive, and the provisions of this Agreement that impose obligations on Affiliate, shall survive any termination of this Agreement.

2.6 Company may terminate Affiliate from its Affiliate Program and Affiliate will forfeit all monies resulting therefore if:

2.6.1 Affiliate has become or is likely to become subject to litigation or other regulatory legal action that may adversely affect Company’s business;

2.6.2 Affiliate sends unsolicited emails to Company users, provides false account information, or falsely or wrongfully increases the amount of Referral Fees payable; or

2.6.3 Affiliate does not comply with any provision of this Agreement.

3. Obligations of Company

3.1 Upon acceptance of your application, you will have the ability to enter the password-protected site for the Affiliate Program («Affiliate Program Site»). The Affiliate Program Site will contain certain sales reports related to your affiliate relationship with Company. These reports will contain estimates of (i) the number of users registered on the Company Site from use of Advertising and (ii) the Referral Fees payable to you pursuant to Section 4, below. Affiliate acknowledges that there may be delays in the reporting of information and the Referral Fees paid to you, and adjustments for chargeback may be made after reporting of any sale.

3.2 Company shall provide you with all Advertising and you shall use only Advertising provided by Company in promoting Company and/or the Company Products and Services. The Advertising available for your use will be made available on the Affiliate Program Site. Company shall be solely responsible for creating and modifying all Advertising.

4. Referral Fee

4.1 During the Term of this Agreement, Company shall pay you a fee («Referral Fee») for each new Customer you deliver as of the last day of the month, as documented on the reporting system located on the Affiliate Program Site. The detailed commission structure is on the affiliate program site at https://worksection.com/en/partner_faq.html

4.2 Company will enroll $25 into Affiliate account per every referred Customer as soon as this Customer make a payment or payments to Company that in summary more then $25

4.3 Company will pay Affiliate the full commission via payment system such as PayPal or Skrill into Affiliate’s personal or business account, with a minimum payment threshold of US$50.00 (fifty US dollar). Affiliate will be responsible for payment system fees, if any, for receiving the payment.

4.4 Company reserves the right to adjust the Referral Fee payable to you to the extent of any reporting errors, fraudulent sales, fraudulent or automated clicks or intentional manipulations of the registration or sales process, all as determined in our discretion. The Referral Fees payable shall be in accordance with the Referral Fee pricing schedule set forth in the Company Payment Schedule located on the Company Affiliate Site. Company reserves the right to change the Referral Fees payable hereunder by providing email notice to you and/or reflecting such changes on the Company Payment Schedule. Any decrease to the Referral Fees shall become effective immediately after notice to you or posting of the new Referral Fee on the Company Payment Schedule.

5. Certain Obligations of Affiliate

5.1 As an Affiliate, you are permitted to promote the Company Products and Services only through Advertisements made in the following manner: (i) Links from your Web site to the Company Site, (ii) Links or pop-ups or pop-under placements on Web sites for which you have received express written permission from such sites to serve such links or placements and as otherwise subject to the limitations set forth in this Agreement, and (iii) emails in compliance with law and this Agreement.

5.2 All promotional activities undertaken by you to promote the Company Products or Services shall be made in accordance with prudent business practices and in accordance with all applicable laws and regulations. All information obtained at the Company Site from individuals linking to the Company Site shall be the sole and exclusive property of Company and, except as specifically provided herein, you shall neither have access to such information nor use any device, technique or software to obtain information from the Company Site.

5.3 Affiliates cannot earn credit for signing up themselves. Company uses several means to track this so be sure to comply.

5.4 You shall replace any Advertising displayed on your site with any new Advertising provided by Company within three (3) days after receiving notice from Company of the new Advertising. You shall not modify any Advertisement in any way.

5.5 Your site shall not in any way copy or resemble the look and feel of the Company Site, nor shall you create the impression that your site is the Company Site or a part of the Company Site. You shall not use the name of the Company or the Company Web site or any variation or misspellings thereof in your URL. You shall not frame or permit the framing of any page of the Company Site.

5.6 During and after the Term, you will not disparage Company, the Company Site or the Company Products or Services, or portray any of these in a derogatory or negative manner.

5.7 You will be solely responsible for the development, operation, and maintenance of your site and for all materials related thereto. For example, you will be solely responsible for:

5.7.1 the technical operation of your site and related equipment

5.7.2 creating and posting Company descriptions on your site and linking those descriptions to the Company Site

5.7.3 the accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)

5.7.4 ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

5.7.5 ensuring that materials posted on your site are not libelous or otherwise illegal

5.7.6 ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers

5.8 We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, losses, and expenses (including, without limitation, attorneys’ fees, payable as incurred) relating to the development, operation, maintenance, and contents of your site, use of the Advertising, violation of this Agreement, and/or violation of any right of another party.

5.9 This Agreement may not be assigned or otherwise transferred by you without the express written consent of Company.

5.10 You shall not provide any Advertisement to any third party, sub-affiliate or agent («Agent») without the written permission of Company. Any such permission must clearly identify the third party, sub-affiliate or agent and include their business name, physical address, and Web site URL. It is within the sole and exclusive discretion of Company to grant or deny any such permission and, even if granted, such permission may be revoked by Company for any reason or for no reason at any time.

5.11 Company shall not be a party to any agreement that you have with an Agent and you are not authorized to make any commitments on behalf of Company to any such Agent, including commitments regarding payment of fees to the Agent by Company or commitments for licenses to Company’s name, logo(s), any provided images, or other intellectual property. Agents are not third party beneficiaries of this Agreement with Company. Any breach by your Agents of the terms and conditions of this Agreement shall be deemed a breach of this Agreement by you and Company shall have full recourse against you with respect to such breach.

6. Ongoing Compliance

Affiliate’s continuing compliance with this Agreement is a condition of continuing participation in the Program. Company reserves the right to review and audit Affiliate’s Web site from time to time to determine if Affiliate is in continued compliance with this Agreement. Affiliate’s Web site must be and remain fully functional.

7. Adult Content and Other Unacceptable Content

Affiliate may not post adult-oriented content on any page on which the Advertising appears. Company considers content to be «adult» if it contains nudity, is sexually explicit, pornographic, lewd, obscene, primarily intended for sexual gratification or is otherwise inappropriate for minors, as determined in Company’s sole discretion. Affiliate may not post any offensive or incorporate images or content that is in any way harmful, threatening, obscene, harassing or racially, ethnically or otherwise objectionable, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, as determined in Company’s sole discretion.

8. Use of Advertiser Content

8.1 Affiliate agrees that it is sublicensed only the exact Advertising provided by Company and only in the form and manner available from and as specified by Company. Advertiser shall have complete discretion to evaluate Affiliate ’s use to decide whether that use violates any applicable terms and conditions.

8.2 Affiliate may not distribute, transfer, sublicense or otherwise use the Advertising in a manner inconsistent with this Agreement.

8.3 Affiliate acknowledges that Company owns and will retain all right, title, and interest in the Advertising, including, without limitation, any proprietary rights that may be developed in the future.

8.4 Affiliate will ensure that the presentation of the Advertising is consistent with Company’s own use of the Advertising in comparable media.

8.5 Affiliate will not remove or modify any trademark, service mark, or privacy policy notices from the Advertising.

8.6Affiliate will not present or use the Advertising: (i) in a manner that could be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Company, or Company’s representatives; (ii) in a manner that is misleading, defamatory, libelous, obscene, or otherwise objectionable, in Company’s reasonable opinion; (iii) in a way that infringes, derogates, dilutes, or impairs the rights of the Advertising; or (iv) as part of a name of a product or service of a company other than Company.

8.7 Affiliate will make any changes to its use of the Advertising as are requested by Company.

8.8 Affiliate will not publish any prices, special offers or discounts in connection with the Advertising on its Web site, unless such prices, special offers or discounts were included by Company in the unmodified Advertising.

8.9 ALTERING OR ANY UNAUTHORIZED USE OF THE ADVERTISING IS STRICTLY PROHIBITED AND WILL RESULT IN TERMINATION FROM THE PROGRAM WITHOUT PAY. ALL RIGHTS NOT EXPRESSLY GRANTED BY COMPANY ARE RESERVED.

9. Modification

Company is entitled to modify and/or supplement this Partnership Agreement without prior notice of Partners. All modifications and/or supplements to this Partnership Agreement shall enter into force with expiration of one day after its publishing on the page at https://worksection.com/en/agreement/partner.html, unless otherwise provided for in the new version of the Affiliate Agreement. The current version of the Partnership Agreement can always be found on the above-mentioned page. Modifications may include, but are not limited to, changes in Referral Fees, payment procedures, and permitted promotional activities.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT, AS APPLICABLE.

10. Disclaimer

THE COMPANY SITE AND RELATED PRODUCTS AND SERVICES ARE PROVIDED «AS IS» WITH NO WARRANTY, AND COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE COMPANY SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE LINKS, THE TRACKING DATA, THE OPERATION OF THE COMPANY SITE, OR ANY THIRD-PARTY’S PROCEDURES AND SYSTEMS FOR TRACKING AND REPORTING SALES GENERATED BY YOUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND COMPANY SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA. COMPANY SHALL HAVE NO LIABILITIES OR OBLIGATIONS UNDER WARRANTY OR OTHERWISE TO ANY OF YOUR CUSTOMERS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF COMPANY’S PRODUCTS OR SERVICES.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE WHETHER IN TORT, CONTRACT OR OTHERWISE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS) ARISING FROM OR RELATING TO ANY PROVISION OF THIS AGREEMENT OR THE AFFILIATE PROGRAM. WITHOUT LIMITING THE FOREGOING, COMPANY’S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO AFFILIATE UNDER THIS AGREEMENT, BUT IN NO EVENT GREATER THAN $25,000.

12. Relationship of Parties

Affiliate and Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. Affiliate will have no authority to make or accept any offers or representations on Company’s behalf. Affiliate will not make any statement, whether on the Affiliate’s site or otherwise, that reasonably would contradict anything in this Section. Affiliate, as an independent contractor, will have sole responsibility for its expenses, taxes, employees, sales representatives and agents.

13. Public Announcements

Affiliate may not make any public announcement or press release about the terms or existence of the Agreement without Company’s prior written approval and consent.

14. Confidentiality

Affiliate acknowledges that by reason of its relationship to Company hereunder it will have access to certain information and materials concerning Company’s business, plans, customers, technology, products and services that are confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. In particular, the parties hereto acknowledge that the information regarding Customers obtained during the Term and the effectiveness of Advertising hereunder are highly confidential and valuable to Company. Affiliate agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such information revealed to it as a result of or arising out of the relationship hereunder (other than to fulfill its obligations under this Agreement). Affiliate shall take every reasonable precaution to protect the confidentiality of such information.
Notwithstanding anything in this Section to the contrary, any information (i) required by legal process to be disclosed, (ii) already in the public domain or (iii) released through no fault of the parties, will not be considered confidential information hereunder.

15. Reservation of Rights

Company reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein. Company retains all right, title, and interest in and to the Company Brand Features and the Company Site, together with all Intellectual Property Rights thereto.

16. Program Information

Company will own all right, title and interest in and to all information that is created or collected in the operation of the Company Site including, without limitation: (i) any contact information collected from any Customers (the «Contact Information»); and (ii) any information collected about product or services sales at the Company Site generated through the Affiliate Link(s) (the «Sales Information»). Company may make certain Sales Information available online to Affiliate from time to time. Affiliate will not disclose any Sales Information to any third party without Company’s prior approval and not use such Sales Information without the approval of Company.

17. Order of Precedence

In the event of an inconsistency between other agreements between Company and Affiliate (if any), and this Agreement, this Agreement will control.

18. Miscellaneous

18.1 This Agreement shall be treated as though it were executed and performed in San Jose, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).

18.2 The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.

18.3 This Agreement may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.

18.4 If any provision of this Agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible.

18.5 No waiver of any provision of this Agreement shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing.

18.6 Our rights under this Agreement shall survive any termination of this Agreement.

18.7 The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

18.8 Notices may be made by Company by email or through posting on the Company Site.

18.9 Notices and other communications to you, as required or permitted to be given hereunder, that are posted on the Company Site and/or otherwise emailed to the email address provided in your application, shall be deemed effective upon posting or emailing. Notice or other communications to Company shall be sent by email to customer support and shall be deemed effective one business day after emailing.

18.10 This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. This Agreement contains the entire agreement between Company and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral, between Company and Affiliate with respect to the subject matter hereof.

18.11 Each party hereby represents that it has the authority and capacity to enter into this Agreement, including that all individuals executing this Agreement are 18 years of age or older.

18.12 All claims, requests, questions and any other correspondence related to this Partnership Agreement shall be sent by the Worksection e-mail address.

18.13 This Agreement constitute the entire agreement between Company and Affiliate and govern participation in the Affiliate Program, superseding any prior or contemporaneous agreements between Company and Affiliate.

18.14 All claims, requests, questions and any other correspondence related to this Affiliate Agreement shall be sent by the Worksection e-mail address.

19. Arbitration

Affiliate and Company agrees, that all disputes that may arise from the Affiliate Agreement shall be resolved by the rule of law of Ukraine.

20. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

21. Acknowledgement

BY APPLYING FOR THE COMPANY AFFILIATE PROGRAM, YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS DOCUMENT.

Russia's war against Ukraine!

On February 24, 2022, russia, with the support of the republic of Belarus, started a new phase of the war against Ukraine. Their troops are destroying our cities, bombing residential areas, public infrastructure, hospitals, and kindergartens.

Our team ensures the smooth operation of Worksection and continues to develop the service.

We made it free for volunteer and humanitarian organizations. If necessary, we will tell you how to get started quickly.

Accounts from russia have been blocked and we do not plan to resume work there. Instead, we develop new markets and cooperate with companies from Poland, Estonia, Latvia, and other European countries. But it requires significant financial and human resources from our small team.

Support us by telling your colleagues (architects, marketers, designers, lawyers, etc.) from other countries about our service. Send a link to our site worksection.com, and we will be happy to advise them.

To keep the team and enter the new markets, we renewed the fee for our service and disabled the "+7 days free" button, which has been available since the first day of the full-scale war. Instead, we offer discounts of 10 to 30% for long-term payments.

Follow our updates on the website and social networks.

Forward to Victory!

Glory to the Armed Forces!

Worksection Team