Public offer on participation in the AWX Referral Program

Public Offer for Participation in the AWX Referral Program

1. Terms and Definitions

In this offer, unless the context requires otherwise, the following terms shall have the meanings set forth below:

1.1. Principal AWX Service

1.2. Referrer any registered user of the AWX service who has invited a new user via their personal referral link in the Program as a Referee.

1.3. Parties the Principal and the Referrer jointly referred to.

1.4. Service the Principal's owned collection of texts, photos, video materials, graphic elements, design and other results of intellectual activity, as well as computer programs contained in the information system that provides access to such information on the Internet at the address: https://awx.pro.

1.5. Referral Program (Program) a program created by the Principal, providing for cooperation between the Principal and the Referrer to attract third parties using a referral code for the purpose of selling the Principal's services.

1.6. Referee (Direct Referral) a capable natural person who registered using the Referrer's referral code and used the Principal's services.

1.7. Second-Tier Referee a capable natural person who registered using the referral code of a specific Referrer's Referee and used the Principal's services.

1.8. Third-Tier Referee - a capable natural person who registered using the referral code of a specific Referrer's Second-Tier Referee and used the Principal's services.

1.9. Referrer's Code (referral code) a unique, personal code assigned to the Referrer in the Program, which allows the Service to automatically identify all Referees attracted by them for the purpose of crediting rewards. The code is also embedded in the Referrer's personal referral link.

1.10. Referrer's Account a special account located in the Referrer's personal account, reflecting information about rewards for participation in the referral program and used within the Program under the terms established by this offer.

1.11. Referee's Transactions purchase/sale of crypto assets for fiat currency and trading operations on the spot market in the Service.

2. General Provisions

2.1. This document constitutes a public offer by the Principal addressed to any natural person who has reached the age of 18, possesses legal capacity and the necessary legal authority.

2.2. A person who has accepted this public offer acquires all the rights and obligations of the Referrer provided for in this offer.

2.3. Acceptance of this public offer is the provision of the referral link to a third party in the manner established by this offer.

2.4. Acceptance of the offer means full and unconditional acceptance of the terms set forth in this offer.

2.5. Acceptance of this offer means that the Referrer has, to the extent necessary for them, familiarized themselves with its terms, rules and specifics of the referral program, the rules for the functioning of the Service, and acknowledges the unconditional suitability of the Service and its functionality for performing the actions and achieving the goals that are the subject of this offer.

2.6. The Referrer confirms their full agreement with the terms established by this offer. Lack of knowledge of the terms of this offer does not constitute grounds for the Referrer to make any claims against the Principal.

2.7. This offer is deemed accepted by the Referrer from the moment the Referrer's Code is provided to a third party for registration in the Service.

2.8. The current text of the public offer is always available in the Service at: https://awx.pro.

2.9. The terms of this public offer may be changed unilaterally by the Principal without notice to the Referrer. The new version of the public offer comes into force from the moment it is published in the Service.

3. Subject of the Offer

3.1. The Principal instructs, and the Referrer undertakes, within the framework of the referral program, to attract new users (Referees) for the purpose of promoting the Principal's services, to use the Service and perform Referee Transactions using the referral code, in exchange for a reward.

3.2. The Referrer's obligation is deemed fulfilled only if the following conditions are met:

3.2.1. registration of a new user using the Referrer's Code in the Service;

3.2.2. the Referee performs purchase/sale transactions of crypto assets for fiat currency or trades on the spot market in the Service.

3.3. The Referrer is not authorized to perform actions on behalf of the Principal.

3.4. The Referrer independently bears the costs of participating in the Program, including payment for Internet access, payment of expenses associated with placing the Referrer's Code outside the Service, and other similar expenses. Such expenses are not subject to additional compensation by the Principal.

4. Terms and Procedure for Participation in the Program

4.1. Any registered user who meets the requirements of this offer is entitled to become a Referrer.

4.2. To participate in the Program, you must open the Referral Program page in the Service, copy the Referral Code and share it with a potential new user, who then registers in the Service via the link or enters the Referrer's Code during registration.

4.3. Upon successful registration, the new user acquires the status of a Referee.

5. Rights and Obligations

5.1. The Referrer has the right to:

5.1.1. Receive a reward in the amount and within the time limits established in this offer;

5.1.2. View link statistics, have access to their Referrer Account and other information located in the Referrer's personal account;

5.2. The Referrer undertakes to:

5.2.1. Faithfully fulfill the obligations stipulated by this offer;

5.2.2. Study and comply with the requirements of the Principal's instructions on using the referral program and the Referrer's account, posted on the website;

5.2.3. Not publish or transmit any information discrediting the Principal via the Internet, refrain from actions that could harm the business reputation of the Principal;

5.2.4. Provide accurate information to the Referee upon registration in the Service. The Principal is not responsible for the content and accuracy of the information provided by the Referrer;

5.2.5. Not transfer to third parties and ensure the confidentiality of access passwords to the Referrer's account;

5.2.6. Independently monitor all updates and changes to information received from the Principal under this offer, including information posted on the Service and the Principal's public resources, for example, the Telegram channel;

5.2.7. Adhere to the Principal's instructions for executing the instructions contained in this offer, including those posted on the Service and the Principal's public resources, for example, the Telegram channel.

5.3. The Principal has the right to:

5.3.1. Unilaterally change the terms of this offer, including the amount of reward, terms and conditions of payment for the Referrer's services, by notifying of such changes by posting information in the Service and on the Principal's public resources, for example, the Telegram channel;

5.3.2. Update the content and functionality of the Service, including the Referrer's account, at its own discretion.

5.4. The Principal undertakes to:

5.4.1. Timely and fully pay the reward to the Referrer's account;

5.4.2. Maintain the proper technical functioning of the Service and the referral program.

6. Terms of Attracting Users under the Referral Program.

6.1. The Referrer may attract Referees by any means not prohibited by this offer, at their own choice: sending Referrer Codes, placing banners, publishing advertising articles, etc., with the exception of using the following tools:

- Brand advertising;

- Spam of any kind;

- Active advertising;

- Incentivized traffic;

- Bots;

- Paid-to-click (PTC) sites / Bux sites;

- Doorway pages;

- Brokers;

- Toolbar;

- ClickUnder/PopUnder.

6.2. The content of the resource (website, blog, social media page, etc.) on which the Referrer places the Referrer's Code must not contradict the legislation of the Russian Federation or the legislation of the Referrer's country of residence, contain extremist materials, promote discrimination based on nationality, gender, religion, race, violate copyright, trademark rights, or other intellectual property.

6.3. The Referrer is prohibited from forcibly redirecting users to the Service from other resources without their knowledge (hidden redirects, iframe, pop-up, redirects, etc.).

6.4. The Referrer is prohibited from independently submitting an application in the Service on behalf of other users, while indicating personal data belonging to third parties.

6.5. The Principal has the right to request at any time from the Referrer confirmation of consent to receive advertising mailings or the use of Referees' personal data. In the absence of such consent, the reward for this Referee is not accrued, and any accrued reward is canceled.

6.6. When placing Referrer Codes and performing other actions aimed at attracting users, the Referrer must comply with the current legislation in the field of advertising. In particular, the Referrer must independently fulfill the obligations stipulated in Art. 18.1. of the said Federal Law of 13.03.2006 N 38-FZ "On Advertising" (hereinafter the Law on Advertising) concerning such actions, specifically indicating the placement platform, format of advertising materials placement, term during which the advertising materials are distributed, cost of advertising materials placement, and provide, upon the Principal's request, the generated advertising material identifier (erid). The Referrer independently provides advertising data operators with statistics regarding the relevant advertising material in accordance with the Law on Advertising and the requirements established by the specific advertising data operator.

6.7. The Referrer's advertising materials containing the Referrer's Code and other information about the Service must comply with the current legislation of the Russian Federation and/or the legislation of the country to which users such advertising materials are directed.

6.8. Upon the Principal's request, the Referrer must provide the Principal with the advertising materials created by the Referrer. The Principal has the right to demand at any time that the Referrer delete any advertising materials placed by the Referrer, if, in the Principal's reasonable opinion, such materials may violate current legislation or cause reputational damage to the Principal.

7. Referrer and Referee Reward

7.1. The Principal credits the reward to the Referrers' account specifically in the cryptocurrency that was used by the Referee when making transactions;

7.2. The amount of the Referrer's reward, accrued upon fulfillment of the conditions in clause 3.2., is calculated as follows:

7.2.1. 30% of the Service's commission from each Referee Transaction;

7.2.2. 10% of the Service's commission from each Second-Tier Referee Transaction;

7.2.3. 2% of the Service's commission from each Third-Tier Referee Transaction.

7.3. The reward is credited to the Referrer's personal account balance within 24 hours after the Referee's transaction is completed.

7.4. The Referrer's personal account reflects all necessary data and information for the Referrer: personal referral code, information on the number of Referees attracted, transactions and trading operations performed by them in the Principal's service, and the status of the Referrer's Account.

7.5. Reward accrual for Referee Transactions occurs within 1 year from the date of registration of the respective Referee in the Service.

7.6. The Principal reserves the right to change the amount and terms of the referral reward, notifying the Referrer at least 15 calendar days before the changes take effect, by posting the relevant changes in the Service.

7.7. If the Service's system detects that the Referrer has deleted their account to create a new one using their own referral link, or has independently registered second and subsequent accounts using their own referral link, the Principal has the right to cancel all referral rewards for such accounts and terminate their participation in the referral program.

7.8. The amount and type of reward for the Referee is set according to the rate indicated on the Referral Program page in the personal account, by default, during the validity period of a promotion conducted by the Principal. The terms and procedure for conducting promotions are officially published in the Service.

7.9. The reward cannot be transferred, assigned to another person, or used otherwise than provided for in this offer.

7.10. Rewards cannot be accrued to persons in an employment relationship with the Principal for performing job duties, as payment for services rendered (work performed), or as financial assistance.

7.11. The Principal reserves the right to adjust the amount of the reward if the accrual to the Referrer was made erroneously:

7.11.1. due to a software failure;

7.11.2. due to a technical error by the Principal;

7.11.3. due to other accrual of reward that does not comply with the terms and purposes of the referral program;

7.11.4. due to the Referee's cancellation of a completed Referee Transaction.

7.12. The Referrer independently determines their tax residency, applicable tax jurisdiction, and income accounting rules.

7.13. If the Referrer is (or becomes) a tax resident of another country, they independently ensure compliance with the requirements of the relevant legislation.

7.14. The Referrer independently, at their own expense and risk, bears all tax consequences and costs associated with receiving the reward, including (but not limited to):

7.14.1. calculation, declaration, and payment of personal income tax (or any other similar tax/fee in the applicable jurisdiction);

7.14.2. payment of any mandatory payments, fees, duties, as well as other mandatory deductions that may apply to such income;

7.14.3. if necessary filing tax returns, notifications, reports, and other documents with the competent authorities.

7.15. The Referrer understands and accepts that the amount of the reward, determined and subject to accrual in accordance with this offer, is the amount before accounting for taxes and other mandatory payments payable by the Referrer, unless expressly provided otherwise in this Offer and/or applicable law.

7.16. However, if due to mandatory requirements of applicable law the Principal is obliged to:

7.16.1. act as a tax agent,

7.16.2. withhold tax/fee from the reward amount,

7.16.3. remit the withheld amounts to the budget/competent authority,

then the Principal has the right to make such withholdings and remittances without additional agreement with the Referrer from the reward amount.

7.17. In the case specified in clause 7.16, the Referrer agrees that:

7.17.1. the amount actually received by them may be reduced by the amount of mandatory withholdings;

7.17.2. such withholdings are not considered a violation of the program terms and are deemed fulfillment of the legal requirements by the Principal;

7.17.3. the Referrer's obligation to independently fulfill other tax requirements (e.g., declaration) remains in the part not covered by the withholding.

8. Liability

8.1. The Parties are liable for non-fulfillment or improper fulfillment of their obligations in accordance with the current legislation of the Russian Federation.

8.2. In case of violation of the Principal's property interests, as well as business reputation, as a result of non-fulfillment or improper fulfillment by the Referrer of obligations under this offer, the Principal has the right to demand full compensation for losses incurred, which are understood as expenses related to the restoration of their rights and interests.

8.3. In the event the Principal is held liable for the Referrer's non-fulfillment or improper fulfillment of their obligations stipulated in clauses 6.6.-6.7. of the Agreement, for example, if the Principal is held administratively liable for violation of the requirements of the Law on Advertising by the Referrer's advertising materials, the Referrer is obliged, upon the Principal's demand, to compensate for all losses of the Principal. The Principal has the right to deduct such losses from the reward due to be accrued to the User.

8.4. The Principal is not liable for any discrepancies related to the implementation of the referral program due to reasons for which the Referrer is responsible.

8.5. The Principal is not liable for the Referrer's lost profits related to participation in the referral program, nor for the Referrer's losses directly or indirectly related to participation in the referral program.

8.6. The Parties are released from liability for partial or complete non-fulfillment of obligations under this offer if such non-fulfillment occurred as a result of the occurrence, action, and consequences of force majeure circumstances that arose after the acceptance of the Offer and which the Parties include: flood, fire, earthquake, explosion, storm, soil subsidence, epidemics and other natural phenomena, as well as war or military actions, power outage, Internet service interruptions, and other circumstances arising independently of the Parties' will that prevent the fulfillment of the terms of this Offer.

8.7. A Party must notify the other Party of the effect of force majeure circumstances no later than one day from the date of their occurrence or from the date when it became possible to give such notice, by means of electronic or telephone communication.