AFFILIATE AGREEMENT

This Affiliate Agreement (“Agreement”) includes all of the terms and conditions that apply to your participation as a User for the purpose of attracting new visitors (“Referrals,” i.e. contributors and/or buyers) to the Depositphotos website (“Site”) for remuneration under the Depositphotos Affiliate Program. The Agreement is an annex to the Membership Agreement, Supply contracts and the Site’s Terms of Use, as well as all other agreements between you as a User and Depositphotos. If paragraphs and provisions of the Agreement are in conflict with provisions of the Membership Agreement or Terms of Use, the provisions of the Affiliate Program Agreement will take precedence.

The User acknowledges that he/she has the right to participate in the Depositphotos Affiliate program upon acceptance of the conditions and restrictions of this Agreement. If the User does not agree with the terms of the Agreement, he/she is prohibited from participating in the Affiliate Program (using referral links or banners, and getting remuneration for attracting new customers). Non-acceptance of this Agreement does not affect other applicable Agreements and Terms of Use provided by Depositphotos. To become eligible for the Affiliate program the User hereby consents to this Agreement.

Depositphotos has sole discretion to review and amend the current Agreement at any time and without notice to the User, and post the latest copy on the Site. The User hereby agrees that in order to obtain full and up-to-date information regarding the rules of the program, the User will review this Agreement on the Site periodically. Any use of the program assets (links, banners, etc.) following the publication of changes to this Agreement indicates the User’s consent to the changes. If for any reason the User no longer accepts the rules of the program, the User agrees to immediately cease all participation in the program.

1. AFFILIATE PROGRAM RULES AND CONDITIONS

In order for a new user (“Affiliate”) to be registered as a Referral, the following technical requirements must be met:

• The Affiliate must arrive at the Website via a Referral link (regardless of whether the link is placed on a Website page, via e-mail, banner ad or other link, or copied into a browser line manually);
• The new Affiliate registration must take place no later than 72 hours after the Affiliate’s original visit via the Referral link;
• Cookies must be active on the new Affiliate’s computer (e.g., they must not be erased between the time the user arrives at the website and the time the user registers).

In the event that these technical requirements are met and the new Affiliate lands and registers at the Site through the User’s link, the new Affiliate will be recorded in the Depositphotos database as the User’s Referral and will be included in the Affiliate’s Referral statistics for the purpose of tracking site use and computing remuneration.

2. REMUNERATION FOR USER ATTRACTION

A User of Depositphotos who attracts new Referrals will be remunerated as described on the page http://depositphotos.com/affiliate.html .

3. REMUNERATION PAYMENT PROCEDURE

All Affiliate Program remunerations are added automatically to the User’s Contributor account and can be withdrawn according to the standard procedure, whenever the balance is $50 US or more.

4. FORBIDDEN ACTIONS

By consenting to the terms of this Agreement, the User agrees that he/she will not utilize or engage in any unsolicited bulk mail, email or messaging programs (”Spam”) for the purpose of attracting new affiliates. In the event of a substantiated Spam complaint, the User will forfeit eligibility in the Affiliate Program and lose all earned remuneration held in the User’s account.

Depositphotos bears no responsibility for any actions the User performs with banners, logos, links and other elements of design and intellectual property of the Site.

As a member of Affiliate Program, the User confirms and guarantees that under no circumstances will he/she pose as an employee, manager, consultant or contractor of Depositphotos or perform any actions that could be interpreted as being carried out by employees, management, consultants or contractors of Depositphotos.

The User agrees and understands that his/her consent to this Agreement and participation in the Affiliate Program is in no way an indication of an employer/employee relationship, partnership or other business agreement/arrangement between the User and Depositphotos aside from the explicit terms indicated within this Agreement.

5. PROCEDURE FOR REIMBURSEMENT

The User agrees to pay and indemnify, protect and advocate for Depositphotos (its management, employees, shareholders, partners, affiliates and so on) against any claims, responsibilities, losses and expenses (including lawyers’ fees on a client basis and solicitor), as a result of any known or unknown violation in the terms and conditions of this Agreement.

Depositphotos reserves the right to assume control and defense of any matter or require compensation or indemnification from the User at the expense of the User. In this case the User agrees to cooperate with Depositphotos’ defense in case of such claim.

6. APPLICABLE LAW

The Site is operated, managed and controlled by Depositphotos, principally located in the state of Florida, USA. The Site is accessible for use in any country of the world. Since all regulatory systems of the countries have unique laws and subordinate acts that may differ from Florida laws, by entering the Site the User agrees that this Affiliate Agreement is governed by the laws of the Florida, USA. This Agreement is not judicable by the UN Convention on International Trade Contracts.

The User agrees to service and process of all necessary notifications directed to him/her at the postal address indicated by him/her during registration at the Site. The User agrees to refrain from:

• Any rights that he/she could have to the process or result of a trial by jury;
• Taking part or organizing any collective claim against Depositphotos in connection with the Site work, provisions of this Agreement or any agreements considered herein.

Any conflicts that arise in connection with this Agreement validity, including without limitations its interpretation, performance or application order, breach and implementation shall be submitted to arbitration in the state of Florida, USA. If any of the provisions of this Agreement fully or in part can not be realized at the territory of a certain country, and the parties are unable to come to an agreement, the matter should be settled by judicial process.

If Depositphotos is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the User agrees to reimburse Depositphotos for all expenses, payments and fees in the event that Depositphotos is successful.

7. GENERAL PROVISIONS

The User confirms that, in addition to the terms of this Agreement, he/she has familiarized himself/herself with the Terms of Use and other agreements that are referenced in this Agreement, and agrees with the restrictions which they impose.

Absence of a result of actions performed by Depositphotos for organization or control of accurate implementation of the provisions of this or affiliated agreements shall not and can not be construed as waiver of any rights or provisions.

8. CONTACT INFORMATION

For any questions in connection with the provisions of this document, please contact Depositphotos using the contact information below.

E-mail: support@depositphotos.com.

Or use the form Contact Us.

9. ACKNOWLEDGEMENT

IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND DEPOSITPHOTOS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN USER AND DEPOSITPHOTOS RELATING TO THE SUBJECT OF THIS AGREEMENT.

Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supercedes the translated version.