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  • Referral Agreement
  • Referral Agreement

    This Referral 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. buyers) to the Depositphotos website (“Site”) for remuneration under the Depositphotos Referral 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 Referral Program Agreement will take precedence.

    The User acknowledges that he/she has the right to participate in the Depositphotos Referral 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 Referral Program (using referral links 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 Referral 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 links 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. REFERRAL PROGRAM RULES AND CONDITIONS

    In order for a new user to be registered as a Referral, the following technical requirements must be met:

    • The Referral must arrive at the Site via a Referral link (regardless of whether the link is placed on a User’s website page, posted to social networks, sent to him/her via email or messengers, or copied into a browser line manually).
    • A Referral must register on the Site as a new user and purchase any Depositphotos plan.
    • Cookies must be active on the new Referral’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 Referral's lands and registers at the Site through the User’s link, the new Referral will be recorded in the Depositphotos database as the User’s Referral and will be included in the 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/referral.html. Users eligible for monetary remunerations will be able to withdraw them according to the standard procedure for contributors, whenever the balance is $50 US or more and 30 days after the Referral’s purchase.

    3. REMUNERATION PAYMENT PROCEDURE

    All Referral 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 and 30 days after the Referral’s purchase.

    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 referrals. In the event of a substantiated Spam complaint, the User will forfeit eligibility in the Referral Program and lose all earned remuneration held in the User’s account.

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

    As a member of Referral 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 Referral 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.

    The User also confirms and agrees not to use Depositphotos' brand queries in search engine and contextual advertising. Any brand names owned by Depositphotos are forbidden to use in paid search campaigns, both in keywords and in ad copy.

    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 claims.

    6. APPLICABLE LAW

    The validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters shall be governed by the internal laws of the State of New York (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters, shall be brought exclusively in the State or Federal courts located in the State and County of New York. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement.

    The User agrees to service and process 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.

    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 supersedes the translated version.