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Terms and conditions

These terms and conditions govern the terms of use of our website (gainrock.com, hereinafter, GainRock, Gain Rock, Company, website, or site) whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

 

By accessing gainrock.com and using any of the Services (Referral Programs), you also agree to the Terms of Service and Privacy Policy of our partners listed below as well as to the Terms of Service of each separate referral program.

 

GainRock partners’ legal documentation you should agree to before using any of the GainRock services:

 

 

You also agree that you have read and understood the Acceptable Use Policy of PayPal. Your continued use of GainRock services confirms that you do not perform or willing to perform any prohibited activities listed there.

 

By continuing to use the site you agree that you have read, understood and will oblige to any and all of the Terms of Services listed above, including the Terms of Services, Privacy Policies and Acceptable Use Policies of LinksManagement, MageNet, Adsy and PayPal.

 

We reserve the right to change the Terms of Service without notice or liability to you by posting a new version of Terms of Service. Further use of the GainRock services will constitute acceptance of revised Terms of Service. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

Hereby is stipulated that GainRock is an intermediary service provider. We hold responsibility for the actuality, legitimacy, relevancy of the information and services outlined in these Terms and conditions.

 

Please make sure you fully understand the contents of the Terms of Service. If you have any doubts about any of your rights and obligations resulting from your acceptance of these Terms of Service, please consult us or obtain legal support.

 

By accessing or using gainrock.com website in any way, and/or by purchasing services from this website, you expressly acknowledge and agree to be bound by these terms and conditions.

 

IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS  OF SERVICE , YOU MAY NOT  CONTINUE WITH THE SIGNUP PROCESS OR FURTHER PARTICIPATE IN THE GAINROCK AFFILIATE PROGRAMS.

 

1. DEFINITIONS

 

Administration means representatives of the GainRock support system.

 

Account is a unique profile of a user in the GainRock system, allowed to use all available functions of the system.

 

Commission (also Referrer Commission, Referrer Income) means the monetary compensation you receive, according to these Terms and Conditions, for participating in GainRock Affiliate Programs; the Commission consists of percent of your total sale amount. The sale occurs when your Referral visits LinksManagement, MageNet, Adsy or GainRock website via your unique referral link and makes payment for using the aforementioned services or otherwise as described herein.

 

Creative is a ready-use message, post, or visual aid with a referral link that should be used to acquire new referrals from various channels.

 

Referrer is a person who recommends any product or service within GainRock to other people.

 

Referral is a person who starts using the given service by referrer’s recommendation.

 

Referral Link  means a link that leads to GainRock Website and contains your reference ID. You will receive your referral ID only after becoming the participant of GainRock.

 

User is defined as anyone who uses the GainRock website and any information and services provided by GainRock with or without registration. Participation in the GainRock Affiliate Program is prohibited to individuals and entities who possess a voting or political interest in GainRock, including GainRock partners (Linksmanagement, MageNet, and Adsy) officers, directors, stockholders and employees of GainROck, and their immediate families

 

2. ELIGIBILITY AND REGISTRATION REQUIREMENTS

 

To qualify for participation in the GainRock and receipt of Rewards:

  • You must be at least 18 years or older. If you become aware that your child has provided us with personal information without your consent, please contact us by visiting the Contact Us page on our website. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
  • You must provide your full legal name, a valid email address, a valid domain name of your website and all other information requested in order to complete the signup process on the GainRock website. You must represent and warrant that all information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information. You understand and agree that GainRock will use the information you provide in accordance with the terms of the GainRock Privacy Policy.
  • You should never transfer, assign or resale your personal account under no circumstances to any third parties;
  • You must have a genuine belief that each Referral is interested in receiving the services you promote.
  • You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your website. You should ensure that materials posted on your website do not violate or infringe the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy, truthfulness, and appropriateness of materials posted on your website. We do not endorse or accept any responsibility for any links that lead from your website to any other website apart from the GainRock website and for any content that can be found by following these links to third party websites
  •  

3. ACCOUNT REGISTRATION

 

By signing up for the GainRock services and creating your Account, you can access different services that are offered by us without having to register for each service separately.

 

You agree that:

  • you will keep your username and password safe, and won't share them with anyone;
  • you will not pass yourself off as someone else or create multiple, false accounts;
  • you will provide accurate and complete information and keep your personal information updated;
  • you will solely responsible for the activity that occurs on your Account, and for keeping your account password secure
  • you will never use another person’s user account or registration information for the Services without prior permission;
  • you will never publish, distribute or post login information for your Account.

 

You shall not select or use as a username a name:

  • that belongs to another person with the intent to impersonate that person;
  • subject to any rights of a person other than you without appropriate authorization;
  • that may be considered being offensive, vulgar or obscene.

 

Please notify us immediately of any breach of security or unauthorized use of your Account so we can take the appropriate actions and protect your privacy.

 

4. MARKETING

 

Company reserves the right to market advertisements offers directly to the email address you use to sign up. You may opt out of these mailers at any time. As a company that makes special offers and deals in selling our products we reserve the right to change the terms and conditions to run such offers at any time. By accessing and using the online services, you consent to our Privacy Policy and our practices detailed in it.

 

By registering at GainRock partners’ platforms you agree to receive marketing advertisement offers from them directly to the email address you use to sign up.

5. PAYMENTS AND REFUND POLICY

 

GainRock provides payment to referrers according to the terms and conditions of each referral program listed below. GainRock payment plan is based on refer-a-friend terms.

 

At the moment all payments are made via PayPal. When the commissions earned become available, referrers have to make a withdrawal request in  order to send the money to their PayPal account. Payments are made once a month from the 1st to the 7th day of the current month for the past month. So make sure to request your payment before the 30th day of the ending month. If you request it later, it may be sent to you in the next cycle.The minimum payout amount required to make a withdrawal request is 100 USD.

Referrers have an option to transfer the money earned at gainrock.com to their LinksManagement or Adsy accounts and use it to make payments for the services obtained on the platforms. In case when referrers choose this option, a bonus of 30% will be added to their accounts at LinksManagement or Adsy. The money transfered to referrer’s account at LinksManagement or Adsy is not a subject to any refund at the abovementioned platforms.

 

We reserve the right to limit your withdrawals at our sole discretion if we suspect you in violating this Program.

 

6. TERMS AND CONDITIONS OF REFERRAL PROGRAM LINKSMANAGEMENT, MAGENET, ADSY

 

LinksManagement

 

Users can select default or percent referral program mode.

If a User selects default mode, they are eligible to the following referral payouts:

  • When a referral invited to LinksManagement via a GainRock creative tops up their LinksManagement balance by at minimum 100 USD, both the referral and the referrer get 50 USD to their GainRock account. If a referral spends only $50-$99.99, a referrer gets $15 bonus. In case the referral tops up LinksManagement balance by over 100 USD later, the referrer additionally gets 35 USD.

If a User selects percent mode, they are eligible to the following referral payouts:

  • When a referral invited to LinksManagement via a GainRock creative tops up their LinksManagement balance by any sum, you can get up to 15% from your Referrals’ spendings. The higher your total referral income is, the higher percent of commission from your Referrals’ spendings you get.
  1. If you earn up to $500 as a Referrer - you get 10% commission
  2. If you earn up to $2,000 - you get 12% commission
  3. If you earn more than $2,000 - you get 15% commission

The commission is paid on NET-45 terms and becomes available for withdrawal 45 days after referrals tops up their LinksManagement balance.

 

MageNet

 

Referrers are eligible to a 10% referral commission when a referral invited to MageNet via a GainRock creative starts earning money by placing contextual ads using MageNet.

The commission is paid on NET-30 terms and becomes available for withdrawal 30 days after the referral receives their first payment at MageNet.

 

Adsy

 

Referrers are eligible for a 10% commission when a referral invited to Adsy via a GainRock creative completes an eligible task as a Buyer.

 

GainRock

 

Referrers are eligible to a 30% referral commission when a referral invited to GainRock via a GainRock creative starts earning money by engaging more users to GainRock.

The commission is paid straight away after your Referral gets their first income with GainRock. You can receive your earned money within 30 days after your withdrawal request.

 

7. OWNERSHIP AND INTELLECTUAL PROPERTY; USE OF TRADEMARKS

 

6.1. All Rights Reserved. User acknowledges and agrees that all rights, title, and interest to, any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, trademark, database rights as well as moral rights, know-how and trade secrets (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, in the Services, the platform used to provide the Services (technology, hardware, software, etc.), any code or software (SDK, API, etc.) which may be provided to User or for User’s use under these Terms and any work products created and/or delivered herein and related documentation (forming the gainrock.com Website and Services) are and will remain solely and exclusively our property and/or the property of gainrock.com, gainrock.com licensors or affiliates. User is granted no title or ownership rights in the gainrock.com Website or Service. User’s right to use the Website, Services and any part thereof is strictly limited to the provisions of these Terms and we reserve all rights not expressly granted herein.

 

7.2. gainrock.com Marks. gainrock.com® is trademark, DBAs and trade dress and/or service marks of gainrock.com and/or our affiliates and subsidiaries. Other marks, graphics, icons, names and logos used or displayed on or through the Website are trademarks, trade dress and/or service marks (“Marks”) of us and our affiliates and subsidiaries or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us and may be subject to such third parties’ terms and conditions. User may not use any metatags or any other “hidden text” utilizing any of the aforementioned trademarks, trade dress and/or service marks without our and respective owner’s prior written permission. User’s right to use the Marks is strictly limited to the manner of use as instructed and approved by us, which right may be revoked or changed at any time at our (or the respective owners’ or licensors’) sole discretion. User will accordingly change or remove such display of materials immediately upon request by us or the respective Mark owners or licensors. User acknowledges and agrees that User shall not contest the ownership of the Marks on the Website for any reason. User’s use or display of Marks will lead to the suspension of the Services or upon notification by us or the respective owner or licensor to discontinue such use or display.

 

7.3. User’s Marks. User hereby grants us a worldwide, non-exclusive, unlimited and royalty-free license to use User’s brands, names, logos, trademarks, trade names and service marks as used by User for informational and advertising purposes only.

 

7.4. Feedback. Users are under no obligation to give gainrock.com any ideas, suggestions, comments or other feedback related to the Website, the Services, or the business or operations of gainrock.com. If any User shares ideas, suggestions, comments, or other feedback with gainrock.com, gainrock.com will own such idea, suggestion, comment or feedback. User hereby assigns all of User’s right, title, and interest in such idea, suggestion, comment, or feedback to gainrock.com and agrees that gainrock.com will be free to use and implement same, without restriction or obligation of any kind, without, however, any obligation to do so.

 

8. TERMINATION

 

The Users may terminate the usage of GainRock services at any time in their sole discretion without written notice to us. GainRock reserves the right to terminate the Referral Program at any time without notice. Notification of termination may be sent to your e-mail address on the referral form or publicized on the Referral Program website.

 

Upon termination hereof, all rights of the user with respect to the use of this website or our services shall terminate immediately.

 

GainRock may modify these Terms and conditions from time to time, with or without notice, and your continued participation after such modification shall be deemed your acceptance of the modifications.

Upon any termination hereof for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.

 

Your access to any of GainRock services can be terminated at any time and without prior notice, if you’re using our products for websites from the following categories (“Prohibited Categories”):

 

  • sites that violate any law, statute, ordinance or regulation with their activities.
  • sites that relate to actions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) pharmaceutical goods, including, but not limited to dietary supplements, drugs, herbs, vitamins, sports nutrition, etc., (d) alcohol, cigarettes, tobacco, etc., (e) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (f) stolen goods including digital and virtual goods, (g) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (h) items that are considered obscene, (i) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (j) hacking, warez, cheat codes, unlicensed software, (k) adult and certain sexually oriented materials or services, (l) ammunition, firearms, or certain firearm parts or accessories, or (m) certain weapons or knives regulated under applicable law, (n) dating, (o) gambling, (p) sports betting.
  • sites that relate to actions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) involve Forex trading, binary options, (e) are forums or announcement marketplaces, (f) are for the sale of certain items before the seller has control or possession of the item, (g) are by payment processors to collect payments on behalf of merchants, (h) are associated with the sale of traveler’s checks or money orders, (i) involve currency exchanges or check cashing businesses, (j) involve sale of fakes, (k) involve occult and magical services, (l) are medical websites without valid licenses (m) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (n) involve offering or receiving payments for the purpose of bribery or corruption.
  • sites that involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

 

In case you’re using GainRock for websites in these or related categories, your account will be permanently banned.

 

Please also bear in mind that in case you break the rules of one of the listed projects, we have the right to exclude you from the whole GainRock system.

 

9. DISCLAIMER

 

Except where prohibited by law, the Services and the Website are provided “as-is” and “as available” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement.

 

We make no warranty that the Services or the Website (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. We further make no warranties or representations regarding the accuracy or completeness of the content on any sites linked to the website.

 

10. LIMITATION OF LIABILITY

 

In no event shall gainrock.com, its officers, directors, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either these Terms and conditions, or use of the Services or the Website.

 

GainRock shall not be liable for any losses, or for any direct, indirect, or any other damages, including costs associated with the use of alternative goods or services (whether GainRock was or should have been aware of the possibility of such damage), arising out of or associated with our service.

 

gainrock.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any advertising, and gainrock.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

 

11. INDEMNITY

 

You agree to defend, indemnify and hold harmless gainrock.com and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(a) your use of and access to the Services and the Website;

(b) your violation of any term of these Terms; or

(c) your violation of any third party right, including without limitation any copyright, property, or privacy right.

 

This defense and indemnification obligation will survive the termination hereof and your use of the Services and the Website.

 

Any information that Referrer is exposed to by virtue of his relationship with GainRock, which information is not available to the general public, shall be considered confidential company information. Referrer may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Referrer receives prior written consent for such disclosure from GainRock.

 

12. MISCELLANEOUS

 

These Terms constitute the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications in all forms of media (including all instructions, advertisements, messages and policies), written and oral, between you and GainRock regarding the subject matter contained herein.

 

Only a written instrument executed by the party waiving compliance may waive the terms or covenants of this document. No waiver by either party of a breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of the Terms is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Terms, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the Terms and has like economic effect.

 

GainRock shall have no liability under the Terms by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, computer virus, Acts of God, war, governmental action, or any other cause that is beyond its reasonable control. The parties are independent contractors and nothing in the Terms shall be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between the parties.

 

The Terms are not intended to benefit, nor shall they be deemed to give rise to any rights in, any third party. You may not assign or transfer your account, or sublicense, assign or delegate any right or duty under the Terms without GainRock’s prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. GainRock and its subsequent assignees may assign the Terms, in whole or in part, or any of its rights or delegate any of its duties, under the Terms to any party.

 

Any rights not expressly granted in the Terms are reserved by GainRock, and all implied licenses are disclaimed. Headings used in the Terms are for reference purposes only and in no way affect the Terms. The term “including” is a term of enlargement meaning “including without limitation,” and does not denote exclusivity. GainRock may change the Terms and/or the Privacy Policy at any time. Any use by you, your affiliates, agents, representatives, employees, or any person or entity acting on your behalf, of the Service after such notice shall be deemed to be continued acceptance by you of the Terms and Privacy Policy, including any amendments and modifications thereto.

 

All information or material in connection with a Service must be submitted in the form requested by GainRock. GainRock reserves the right to discontinue offering, and/or modify the Services at any time. The organization, specifications, structure or appearance of any GainRock property or any page where your information (including listings) may be displayed may be redesigned or modified at any time.

 

Given that GainRock is a US-based company, users agree to follow the Federal Trade Commission (FTC) (FTC Staff Revises Online Advertising Disclosure Guidelines ) guidelines when using GainRock affiliate links. 
You agree to clearly communicate that you may earn a commission for referrals through the affiliate links when disclosing your affiliate partnership.

13. ABUSE

 

Referrals may not:

  • use alternative contact information to refer themselves or others who have created duplicate accounts;
  • use their unique referral links to register themselves at any partner project listed above for the purpose of obtaining the referral bonus;
  • use GainRock brand name while sending emails or creating new domains;
  • transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • claim that they are GainRock representatives;  
  • promise guaranteed and excess profit to the referrals;
  • promote the listed services on media related to death, serious injury, violence, pornography, dating, or gambling;
  • violate any law, statute, ordinance or regulation;
  • relate to any actions prohibited by the current Terms of Service, as well as partner platforms’ Terms of Service, and PayPal Acceptable Use Policy.

Any Referrer who violates this Program by referring himself or who attempts to cheat or  abuse the Referral Program in any way will be terminated and will forfeit all payments.

 

You may not use our service for any unlawful purposes or in furtherance of illegal activities. By using GainRock, you agree to comply with all applicable laws governing your online conduct and content.

 

14. CONTACT US

 

If you have any questions concerning the GainRock Terms of Service, please contact us by email [email protected].