Terms and definitions used in this Agreement:
Internet resource — information resource belonging to the Attorney, which allows to get acquainted with digital products and enter into a license agreement for the usage of digital products rights.
Licensee (User) — an individual, including an individual entrepreneur, as well as a legal entity with sufficient legal capacity to complete a transaction.
Licensor (Principal) — the digital product owner, intending to transfer the rights to use digital products as non-exclusive, exclusive and unique licenses with the help of the Attorney.
Digital product (product) — graphic illustration, website templates, an online store, personal blogs, logos or business cards, etc., information about available resources and online resources.
The Attorney — an individual entrepreneur or a legal entity who searching for digital products buyers and entering into a license agreement for the usage of digital products rights on behalf of the Principal.
Right to use digital product — the providing exclusive, non-exclusive or unique license to use digital product to a user.
Providing non-exclusive license — the granting of the right to use the digital products, where the attorney can't guarantee that the transferred rights are unique and weren't exploited earlier. He also remains free to allow other licensees to exploit the same digital products.
Providing exclusive license — the granting of the right to use the digital products, where the attorney can't guarantee that the transferred rights are unique and weren't exploited earlier. But the principal (licensor) guarantees that no person or company other than the named licensee can exploit it any more.
Providing unique license — the granting of the right to use the digital products, where the principal (licensor) guarantees that the transferred rights are unique and weren't exploited earlier. He also guarantees that no person or company other than the named licensee can exploit it.
This Commission Agreement (hereinafter – Agreement) defines the procedure of service provision, as well as mutual rights and duties and relations between web service Galior® Market, presented by Private entrepreneur Sadovskiy Dmitriy hereinafter referred to as "the Attorney", and the User of this web service hereinafter referred to as "Parties"
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. The Subject of Agreement
1.1 The Internet resource, Galior ® Market, and all its language versions (hereinafter Internet resource) is not an online shop. Because the Internet resource owner does not sell the goods and is not the owner of the rights to the digital products offered, but the Attorney acting on behalf of the Licensor.
1.2. The Principle charges with the organization of the promotion of the rights using digital products the Principle offers within the Market, and the Attorney has to do it for fee.
1.3. To fulfill the assignment given to him, the Attorney has the right to perform the following actions:
1.3.1. to analyze the market segment in order to sell the Principal’s rights to use digital products, as well as to search for potential customers and inform them about the rights to use the digital product the Principal offers;
1.3.2. to publish the digital product and other information (name, price, description, etc.) on the Internet resource belonging to him, as well as advertisement on third-party sites;
1.3.3. to provide information to a specific User about the Principal, in case of the enter into the Commission Agreement on providing the right to use a digital product (hereinafter referred to as the Agreement);
1.3.4. to agree on some terms of the conclusion of the agreement on the providing of rights to use a digital product on behalf of the Principal between the Principal and potential users;
1.3.5. to conclude an agreement on the providing of the right to use a digital product on behalf of the Principal;
1.3.6. to accept payment for the rights to use digital products on behalf of the Principal.
1.4. The Attorney, fulfilling the assignment given to him, do his ordinary work.
1.5. The Principal undertakes to pay the Attorney according to the amount, time specified in this Agreement.
2. Rights and Duties of the Parties
2.1. The Principal’s Rights:
2.1.1. To give instructions to the Attorney according to the Agreement. Such instructions may be given in written or orally.
2.1.2. To remove the Attorney from some rights according to the Agreement.
2.1.3. To give the Attorney responsibility for fulfillment assignments according to the Agreement and make appropriate changes in the given him Agreement on time.
2.1.4. To require the Attorney not to disclose confidential information received from the Principle.
2.1.5. To terminate the Agreement immediately if the Attorney violates the terms of the Agreement.
2.3. The Principal’s Duties:
2.3.1. to provide access to digital product on time;
2.3.2. not to violate intellectual property rights and provide the right to use only his digital products;
2.3.3. to decide all claims with the user regarding the quality of digital products and their copyrights;
2.3.4. to provide the Attorney reliable information including email, phone number, website;
2.3.5. to provide reliable information about digital products, the rights to use of which are offered to transfer to users. If misleading information was found the Principle must correct its description;
2.3.6. to provide information about the price of exclusive, non-exclusive and unique licenses;
2.3.7. to accept all documents the Attorney provided immediately;
2.3.8. to pay fees for the Attorney’s work according to the chapter 3 of the Agreement.
2.4. The Attorney’s Rights:
2.4.1. to require the Principal to provide a digital product (its layout), information necessary for the fulfillment the assignment according to the Agreement on time;
2.4.2. to demand the Principal to pay for the fulfillment his assignment in full and on time;
2.4.3. if the Principle violates the terms of this Agreement the Attorney may refuse to fulfill his assignment. Such violations include (you shall not do any of the following):
- call for violence, racial, national, sexual, religious discrimination;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
- call for terrorism and overthrow the current government;
- use spam to advertise your own website;
- undermine the Attorney’s reputation;
- violate the existing law.
2.5. The Attorney’s Duties:
2.5.1. To fulfill the Principle's assignment. Instructions of the Principal must be valid, feasible and specific.
2.5.2. The principal and the attorney must respect the confidentiality of the information they receive from each other. The Attorney does not have the right to publish in the public domain the full personal data of the Principal. The Attorney may give the Principal’s full personal data only when entering into the agreement with the User. The Principal’s personal data may be given in the Act of transfer of rights to a digital product according to the Appendix No. 2 of the Agreement.
2.5.3. To sell rights to a digital product to users on behalf of the Principle (the Principle must set the price). The cost negotiated between the Principal and the Attorney includes the Attorney's fee.
2.5.4. To sell rights to a digital product published on the Attorney’s internet resource https://galior-market.com/agreement on behalf of the Principle according to the Agreement (public offer).
2.5.5. The Attorney undertakes to respect the copyright and other rights of the Principal to the digital product he provided.
2.5.6. The attorney doesn’t have the right to transfer the rights to digital products received from the Principal according to the Agreement to other persons without entering into the Agreement on providing the right to use a digital product on behalf of the Principal with them.
2.5.7. The Attorney must accept funds on behalf of the Principal for the rights to digital products from users.
2.5.8. The Attorney is obliged to transfer to the Principal funds received for the realized rights to use digital products, with the exception of the Attorney's reward.
3. Payment under the Agreement
3.1. The Attorney gets the reward payment only if he enter into the License Agreement with the User and the User pays for the right granted.
3.2. The Attorney's fee is 25% of the cost of the given rights to use digital products.
3.3. The Attorney has the right to unilaterally change the percentage of each individual Principal’s fee, notifying the Principal by e-mail or a personal message from the Internet resource.
3.4. At the request of the Principal (the “Earnings Withdrawal” option in the Principal's personal account), the Attorney shall draw up and send to the Principal the Act in accordance with the Appendix No. 1 of the Agreement, on the execution of the order given to him.
3.5. The prepared Act on the execution of the order is sent to the Principal by email.
3.6. The Attorney transfers the money for the giving rights to use digital products for 10 (ten) banking days. The amount to be transferred to the Principal shall be defined as the cost of the rights transferred, minus the Principal's fee, but may not be less than the amount equivalent to US$ 15.
3.7. All payments under the Agreement are made in a cashless manner by transferring money to the current account or e-wallet the Principal specified.
4. Period of the contract
4.1. This Agreement comes into force on the date when the Principle accepts the Agreement and remains in force till the end of the service Agreement.
5. Liabilities of the Parties and Dispute Resolution
5.1. In case of failure to comply or improper fulfillment with the terms of the Agreement he Licensor and the User are responsible in accordance with the current legislation of the Republic of Belarus.
5.2. The party allowed to failure to comply or improper fulfillment with the terms of the Agreement will be discharged its obligation if he can prove that it was caused by force majeure, that is, extraordinary and unavoidable circumstances under given conditions.
5.3. Performing their obligations the Parties are guided by the Agreement terms and the Existing legislation of the Republic of Belarus.
5.4. The Agreement disputes are solved by negotiations.
5.5. If there is no agreement between the parties, the dispute is before the court the Attorney’s.
6. Force Major
6.1. The Parties shall not bear responsibility to any harm or any form which shall be caused in the event that such harm is the result of a force major and any outside event which is not in the control of them such as wars, natural disasters, fires, floods, earthquakes, strikes, riots and other social unrest.
7. Change and early termination of the Agreement
7.1. The Attorney may unilaterally change the Agreement terms notifying the Principal by e-mail no later than 3 days after the changes was made.
7.2. The Attorney may unilaterally refuse to perform the Agreement if the Principal violates its terms.
7.3. The Agreement is terminated by (except general grounds for termination):
- the Principal’s cancel;
- the Attorney’s refusal to perform any assignments according to the Agreement.
7.4. If the Principal or the Attorney takes the initiative to terminate the Agreement The Attorney must transfer funds to the Principal in accordance with the paragraph 3 of the Agreement.
7.5. All changes and additions to the Agreement are valid if they are made in writing and signed by both Parties. The additional agreements of the Parties are an integral part of the Agreement. The Parties agree with the legal validity of the documents sent by fax or email.
8. Final conditions
8.1. The Parties agree with the legal validity of the documents sent by fax or email.
8.2. All appendixes are an integral part of the Agreement.
9. Banking Details of the Parties
The Principal (Licensor):
The Parties agree that the Principal’s (Licensor’s) banking details are considered to be the information he specified when filling in the registration form.
web service Galior® Market director
Payer’s Account Number (UNP) 291002239
Certificate of state registration:
Decision of October 12th, 2011 № 0302098
224013 the Republic of Belarus, Brest city, P.O. Box 15