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Rules for the placement of online stores, websites, advertisements and referral links by Faberlic Consultants
1. These Rules define the procedures for interaction between the Company and Consultants when Consultants create websites and online stores, place referral links to the Company's website, and place advertisements to attract new customers and register new Faberlic Consultants.
1.1. The Company recommends that Consultants:
2. Definitions used in these Rules:
Company – JSC FABERLIC, legal address: 4 Nikopolskaya st. Moscow, Russia, 117403, OGRN 1025000507399
Consultant – a Faberlic customer registered by the Company in the FABERLIC Consultants base and who has a personal Consultant ID number
Customer – an individual intending to purchase Faberlic products and/or become a Consultant and who is not registered in the Faberlic Consultants base
Consultant Platform – websites and online stores with a domain name managed by a Consultant, as well as a Consultant's personal pages/accounts on social media (VK, Odnoklassniki, Youtube, etc.) and messaging apps (chats, channels, etc.)
Third-party Platform – online advertising platforms, websites, etc., that do not belong to and are not managed by a Consultant or the Company, where the publication of a referral link by the Consultant requires an appropriate agreement with the platform owner/administrator or obtaining a permit in any form
Company Website – the official JSC FABERLIC website, www.faberlic.com
Referral Link – an identification link designed to be used by Consultants to attract new customers and Consultants (by registering them on the Company website into the personal group of the Consultant who published the referral link)
Catalogue Period – the validity period of the corresponding Faberlic catalogue, specified on the Company website and the front of the Faberlic print catalogue.
3. The Company establishes these Rules for all Consultants who publish referral links to the Company website on the Consultant Platform or Platform belonging to third parties, which publish online advertisements and/or information about the Company and/or FABERLIC products:
3.1. Consultant Platform requirements:
3.1.1. The platform should be aimed at working with customers and other Consultants to increase Faberlic product sales and attract new Consultants
3.1.2. Consultant Platforms are permitted to use Company corporate intellectual property (the Faberlic trademark, other trademarks belonging to the Company, the Company logo, the corporate colour scheme, etc.) in accordance with clause 3.3.1. of these Rules
3.1.3. Any information provided by the Company that is not confidential may be used on the Consultant’s website. Confidentiality is determined according to the following principle: if this information is freely distributed by the Company among Consultants, it is not confidential.
Publication of information with prices for Faberlic products in all advertising sources (including social networks and other messengers) is possible only with the indication of the catalog price. Indication of the Consultant's price -20% is permissible only with a footnote to the conditions of registration with the Company.
3.1.4. On the Consultant’s website, it is not permitted to publish and distribute information and materials of the Company that have not yet been published on official Faberlic resources (website, official communities on social networks and instant messengers). For example, a product catalog cannot be posted on the Consultant’s site before it appears for sale on the Company’s official website for Consultants.
3.1.5. Consultant Platforms are not permitted to be used to advertise and/or sell any products of other companies, or to sell products prohibited to be sold for any reason (for example, in the absence of a certificate and/or registration in cases where product certification/registration is required by law in the country where the product is sold), and/or prohibited to be sold long-distance
3.1.6. Consultant Platforms should not mislead the persons viewing it (it should not give the impression that it is the Company's official website), and in connection with this, Consultant Platforms (website pages, website domain name, Consultant's personal social media pages/accounts, etc.) cannot include the collocation of the words 'Faberlic' and 'official' in any form, for example, Faberlic official [city] website, Faberlic Consultant official website, Faberlic official page, Faberlic official account, etc., and also cannot include the collocation of the words 'DENAS' and 'official'.
Consultant Platform and/or Consultant referral link advertisements should not give the impression that they are advertisements for the Company's official website. In connection with this, Consultant Platform and/or Consultant referral link advertisements are not permitted to include the collocation of the words 'Faberlic official website' in any form, for example, Faberlic official [city] website, Faberlic Consultant official website, etc., and also cannot include the collocation of the words 'Official' and 'DENAS', or 'Official' and 'Florange'.
In addition, the Consultant is obliged to specify the following information on the first page of their platform (on a website page, in the website domain name, on the Consultant's social media pages/accounts, messaging apps, etc.):
3.1.7. The Consultant Platform must be managed by the Consultant (for example, the Consultant must be the admin of the website domain name or online store, the owner of the social media account, etc.).
3.2. Requirements for Third-party Platforms:
3.2.1. The Consultant has the right to publish advertisements on any Third-party Platforms on the Internet on their own behalf and for their own account, excluding platforms that contain and/or distribute and/or sell information, data, products, or services of an extremist and/or pornographic and/or political nature (or any other nature if they may be harmful to the Company's image or business reputation) both inside and outside the Russian Federation.
3.3. Requirements for advertisements and information published by Consultants and related to Faberlic and/or Faberlic products:
3.3.1. The Consultant has the right to use the Company's intellectual property (referred to as IP) when publishing advertisements and information about Faberlic and/or Faberlic products. IP includes: the Faberlic trademark and other trademarks belonging to the Company, logos, the corporate colour scheme, images, videos, presentations, etc.). IP is located on the website. The use of IP is only allowed:
3.3.2. The following are prohibited when publishing advertisements and information about Faberlic and/or Faberlic products and links to it, and in conversation on Consultant Platforms: (a) negative reviews or statements about the Company's products and/or about cooperation with the Company; (b) reviews or statements insulting the honour and/or dignity of other people.
3.3.3. The Consultant is only permitted to publish information and advertisements that do not violate the laws of the territory where the information and/or advertisement is published.
3.3.4. When publishing information and/or advertisements on the Consultant Platform, the Consultant must comply with the requirements of advertising legislation, as well as requirements of any other applicable laws of the territory where the Consultant publishes advertisements and/or information.
3.3.5. Under no circumstances will the Company bear responsibility to the Consultant and/or any parties that own/manage Third-party Platforms for any consequential, occasional, or accidental loss, including loss of profit or lost data, or damage to honour, dignity, or business reputation caused by using the Company's intellectual property.
4. Responsibilities:
4.1. The Consultant sells Faberlic products on their websites and online stores, publishes advertisements and information on the Internet, and publishes referral links only on their own behalf and for their own account (all rights and obligations regarding business between the Consultant and customers, and between the Consultant and Third-party Platforms, apply to the Consultant).
4.2. The Consultant is individually responsible for violations of Russian Federation legislation (and legislation of the corresponding government, if an advertisement and/or information is published or products are sold in other countries) concerning the implementation of entrepreneurship by the Consultant, including: registering as an individual entrepreneur, payment of taxes and duties, processing cash operations and cashless transfers for product sales, violation of consumer rights, absence of necessary information for the customer on the website or online store (about the seller, product, terms, procedures of payment, etc.), selling products forbidden for sale due to absence of certificates and/or registration, selling products not permitted to be sold long-distance, etc.
4.3. If, in the event of a violation by the Consultant of clauses 3.3.1. and/or 3.3.2. and/or 3.3.3. and/or 4.2. of these Rules, the Company obtains claims and/or legal actions and/or any other claims (for law-enforcement compliances, administrative fine payment, etc.) from customers, governmental supervisory bodies, or any other third parties, the Consultant must cover all documented losses caused to the Company.
4.4. While publishing advertisements, information, and referral links on the Internet, and using the Company's intellectual property, the Consultant must follow ethical conduct and norms that exclude using any fraudulent activities for attracting new customers and unfair competition with other Consultants.
An example of unfair competition: click fraud – a form of online fraud, consisting of fake clicks on the advertising link by an individual who is not interested in the advertisement. This can be done using automated scripts or software to simulate a user's click on a pay per click advertisement.
The Company reserves the right to determine which methods for attracting users and new Consultants are unfair and/or illegal when using the Company's intellectual property on the Internet.
4.5. For the first violation of these rules, the Consultant will be warned.
After a repeated violation of these rules, the Company will refuse to provide a volume discount for any catalogue period at the Company's discretion without prior notice.
Starting with the third violation of these rules, the Consultant's ID number will be deleted from the Faberlic Consultant base, without saving the team and data associated with the deleted ID number in the next catalogue period.
4.6. In addition to the aforementioned, in the event of a violation of these Rules by the Consultant, the Company reserves the right to prohibit any use of the Company's intellectual property by the Consultant, whether on the Consultant Platform or on any website, online store, etc. used by the Consultant, as well as implement measures to ban the website, online store, etc.
5. Other conditions.
5.1. These Rules were published on the Company website on 20 November 2020.
5.2. The Company has the right to occasionally amend these Rules. Amendments to these Rules become binding for the Consultant from the moment they are published on the Company website.
If a Consultant completely or partially disagrees with these Rules or amendments to these Rules, they must cease publishing referral links to the Company website and publishing advertisements and information about Faberlic and products on the Internet within 5 (five) calendar days from when these Rules/amendments to these Rules/the new edition of these Rules is/are published on the Company website.
5.3. The Consultant is considered to be familiar with and accepting of these Rules from the moment they perform any of the following actions (whichever is performed first): publishing a referral link to the Company website, or publishing advertisements and/or information about the Faberlic Company or products.
5.4. From the moment a Consultant ID number is deleted from the Company database (regardless of the cause), the person whose ID number was deleted from the Company database is no longer considered a Consultant, and from the moment of deleting the registration ID number from the Company database: