1. These Terms and Conditions govern the rights and obligations of the parties joining the TOPFIST Partner Program. This set of regulations constitutes the terms and conditions for the provision of electronic services.
2. The organizer of the TOPFIST Partner Program and the owner and operator of the Site is Radosław Bartczak (Skłodowskiej 31/8, Siemianowice Śląskie, Poland)
3. Partner program is limited to one account per household or legal entity as determined by TOPFIST.COM.
4. These Terms and Conditions and the rules set out herein constitute a binding agreement between the User and TOPFIST.COM.
5. The User hereby declares that is at least eighteen (18) years (or has reached the legal age of majority which - in the light of the law of his or her country gives the User the right to enter into a legally binding contract), has full legal capacity and consents to the conditions set out in these Terms and Conditions. If the User acts on behalf of a legal entity – the User hereby asserts to TOPFIST.COM that User is authorized to enter into commitments arising from the execution of this Agreement for and on behalf of such legal entity, and acceptance of these Terms and Conditions by such User shall be equivalent to acceptance by such legal entity.
6. TOPFIST.COM does not allow and does not agree to any violation of the law or third parties rights by Users, in particular intellectual property rights, copyrights, personal data protection rules and principles of fair competition.
7. All texts, graphics, interactive features, logos, images, files, software and all other materials used by the TOPFIST Partner Program Site, except for those placed, transmitted, made available, published by Users, as well as the selection, organization, coordination, compilation of materials and the overall look of the Site are the intellectual property of TOPFIST.COM. The said property is protected by copyright, design rights, patent rights, trademark rights and other legislation, including international conventions and ownership. All such rights are reserved by TOPFIST.COM. All trademarks, brand and trade names are the property of TOPFIST.COM. Without the express permission of TOPFIST.COM, the User may not sell, distribute, copy, modify, reproduce, publicly display or transmit, publish, edit or adapt such elements, license them to other entities, build derivative works from, or use in any another manner. Above mentioned disclaimer excludes all trademarks, brand and trade names that are the property of third parties as indicated in disclaimer in the footer of the Site.
8. TOPFIST.COM is NOT an electronic money institution.
TOPFIST.COM - owner and operator of the Site referred to in Section I, paragraph 2 above.
Site - a group of related websites that are hosted on the Internet from the address www.topfist.com.
General Site - a group of related websites that are hosted on the Internet from www.topfistcom address other than the address www.topfist.com/partner.
User - any natural or legal person who makes use of the Site and any of its functions and that has registered on the Site. There are four types of users in the TOPFIST Partner Program:
•Partner is a User who applied to the TOPFIST Partner Program and was approved by the administration.
•Buyer is a User who purchased any service on the TOPFIST.COM site using a Reflink or a Promo Code from a Partner of the TOPFIST Partner Program.
•Seller is a User who registered on the TOPFIST.COM site using a Reflink from a Partner of the TOPFIST Partner Program.
•Community Owner is a User who applied to the TOPFIST Partner Program and was approved by the administration using a Reflink from a Partner of the TOPFIST Partner Program.
Reflink - a special website address generated by the specific functionality of the Site, containing a unique identification of the User, serving as a tool for the User to invite new Users to take advantage of the services offered on the General Site or in the TOPFIST Partner Program. There are three types of Reflinks in the TOPFIST Partner Program:
• Buyer reflink - when clicking on the link Reflink, the reflinked person can see either to products or services offered through the General Site or to the General Site’s home page
• Community Owner or Community Reflink - when clicking on the link Reflink, the reflinked person can see application form of the TOPFIST Partner Program.
• Seller Reflink - when clicking on the link Reflink, the reflinked person can see homepage of the TOPFIST.COM
Promo Code – a special code generated by TOPFIST.COM administration containing a unique identification of the User, serving as a tool for the User to invite new Users to take advantage of the services offered on the General Site. When using promo code in the Basket on the General Site, the person can see the discount on chosen products or services on the General Site by percentage defined by administration.
Reflinked Person – a person who clicked on the Reflink placed by the User and bought a product or service offered through the General Site, registered on the registered site or apply through application form of the TOPFIST Partner Program.
Subscription – period in which reflinked person or person who used Promo Code is assigned to user in the TOPFIST Partner Program.
1. TOPFIST Partner Program is a system that allows Users to obtain financial benefits when a directly and then further through TOPFIST Subscription purchases or selling products or services through the General Site.
2. Users of TOPFIST Partner Program must be approved by administration of TOPFIST.COM.
3. To be approved by administration of TOPFIST.COM to TOPFIST Partner Program you must apply on https://topfist.com/partner.
4. Acceptance into the program is extremely qualitative and will vary from one candidate to the next.
5. TOPFIST.COM reserve the right to decline any application without giving a reason.
6. Partners' obligations:
• For stream broadcasters it is TOPFIST.COM banner below a stream and one advertisement monthly directly in it.
• For YouTubers it is a link below any video you uploaded on your channel and one advertisement monthly directly in it.
• For Facebook fanpages or groups, discord servers and steam groups it is at least one link for 7 days in one month.
• For Publishers of blogs and sites it is one link or one banner added to it in a visible place fo 7 days in one month.
7. If partner breach any of this obligations, TOPFIST.COM has all rights to disabled such persons Partner account without giving a reason. Partner shall have no claims against TOPFIST.COM basing on abovementioned actions.
8. Users of TOPFIST Partner Program will not advertise (i.e. using reflinks or promo codes, but not only) any other platform or marketplace that sells gaming coachings in form of offers like TOPFIST.COM. If User wants to do it, he or she has to resign from TOPFIST Partner Program immediately which means losing his account at TOPFIST Partner Program. In such situation, TOPFIST.COM has all rights to disabled such persons Partner account without giving a reason. Partner shall have no claims against TOPFIST.COM basing on abovementioned actions.
9. If application is considered positively, User will be send an e-mail with link and password to TOPFIST Partner Program to mailbox provided in application. After that he or she is obliged to change this password to a new one in the Partner Account.
11. The Site allows Users to create Reflinks.
12. Users of TOPFIST Partner Program may get his own Promo code. To get your own Promo Code you have to send and e-mail to firstname.lastname@example.org. TOPFIST.COM reserve the right to not create a Promo Code, limit it or deactive without giving a reason.
13. To obtain benefits through TOPFIST Partner Program, the User can place: a User created Reflink assigned to their account in any viable place or a Promo Code.
A user must not send unsolicited e-mail (so called spam) containing Reflinks or Promo Code, and must - before placing a Reflink or Promo Code - read the terms of any such sites and verify that Reflink or Promo Code placement does not violate any of the site rules.
Users that participate in TOPFIST Partner Program may receive financial benefits from participation as a result of purchases of products or services, made by the Reflinked persons through the General Site or a person who used Promo Code assigned to user that participate in TOPFIST Partner Program.
Any financial benefit received by User is gross remuneration including VAT if the activities for which remuneration is paid is subject to VAT for which User is solely responsible.
14. In order to receive the remuneration for selling or purchasing of products or services, it is necessary that person must pay the price of any given service or product on General Site and does not cancel it up to 14 days after it's purchased.
15. The process of calculating the amount of remuneration starts with a User having met all the obligations specified in this section and is dependant on the types of users in the TOPFIST Partner Program he or she has assigned:
•From a Buyer's remuneration is calculated using 5% rate of the price of any service or product purchased by Reflinked Person or a Person who used a Promo code assigned to user that participate in the TOPFIST Partner Program, with excludation of administrative fee. It begins to operate from the day of a purchase by that Person of products or services through the General Site.
•From a Seller's remuneration is calculated using 3% rate of the price of any service or product sold by Reflinked Person assigned to user that participate in the TOPFIST Partner Program, with excludation of administrative fee. It begins to operate from the day of a sale by that Person of products or services through the General Site.
•From Community Owner's remuneration is calculated using 2% rate of the price of any service or product purchased by any Buyer subscribed to a Community Owner that participate in the TOPFIST Partner Program, with excludation of administrative fee. It begins to operate from the day of a purchase by that Person assigned to a Community Owner of products or services through the General Site.
• a person used/clicked on a Buyer Reflink or used a Promo Code created by a user of the TOPFIST Partner Program and purchased a service or product on the Site, he or she is subscribed to this USER for the 2 months period of time starting from the date of his first item purchased.
• a person used/clicked a Seller Reflink created by a user of the TOPFIST Partner Program and registered on the TOPFIST.COM, and then sold a service or product on the Site, he or she is subscribed to this USER for the 4 months period of time starting from the date of his first item sold.
• a person used/clicked a Community Owner Reflink created by a user of the TOPFIST Partner Program and registered on the TOPFIST.COM, and then he or she was approved to the TOPFIST Partner Program, he or she is subscribed to this USER for the 4 months period of time starting from the date of his approval.
17. If the Reflinked Person referred to by a USER or a person who used a Promo Code, sold a service, registered on the TOPFIST.COM Partner Program or purchased a service or product on the Site but it's already assigned to other USER, he or she will NOT be assigned to this USER and he or she will NOT generate for a USER remuneration for the action he or she performed until his or her period of subscription to Partner will end. After that, when the period expired he or she has to be referred one more time by a user to subscribed.
18. The benefits of the TOPFIST Partner Program can be acquired by both Users registered on the Site and on the General Site who have purchased a product or service or sold a product and service, as well as Users who are registered on the Site and brought a Buyer but only receive benefits from TOPFIST Partner Program by making purchases or selling through Reflinks or Promo Codes - without using other functionalities of the General Site and solely for the purpose of obtaining benefits from the TOPFIST Partner Program.
19. TOPFIST.COM declares that the participation in the TOPFIST Partner Program is voluntary and the User is not required to make purchases of products and services offered on the Site nor is he obliged to Reflink any person, nor forced to take part in any other marketing activities including using Promo Codes.
2. Users are obliged to file and pay the tax generated by the remuneration received through TOPFIST Partner Program and the Site on their own behalf.
3. In a situation when the Reflinked Person or a person who used Promo Code assigned to user that participate in TOPFIST Partner Program, withdraws from the contract with TOPFIST.COM or the Seller and requests a refund from TOPFIST.COM (or the Seller) will duly make such a refund, the User acknowledges and agrees that the amount shown on the partner account can be reduced by the sum that has been acquired in connection with the purchase or selling of a product or service by the said person TOPFIST.COM [in relation to the profits associated with the purchase or selling, for which price has been reimbursed], or may require the User to return funds equal to the sum which was acquired from the fact of the purchasing or selling of products or services by the Reflinked Person (or persons who used Promo Code) [in relation to the profits associated with the purchase or selling, for which price has been reimbursed].
4. Users, Reflinked Persons and person who used Promo Code may not enter in collusion with each other, interact, directly or indirectly, as well as take any action that would aim at illegal obtaining of money from TOPFIST.COM or by the usage of TOPFIST Partner Program or engage in other activity holding TOPFIST.COM as susceptible to losses, especially to undertake activities that would (or cause) obtain remuneration using TOPFIST Partner Program in the absence of payment for the goods or services by the Reflinked Persons or person who used Promo Code.
Consequently, may not engage in activities that would necessitate TOPFIST.COM (or sellers) to return these funds by TOPFIST.COM to the purchasers of the goods or services. In particular, Users, Reflinked Persons or a person who used Promo Code cannot act, jointly or individually, contrary to the rules of social conduct, morality, principles of integrity, loyalty in business and fair competition. If a User engages in behavior specified in this paragraph, TOPFIST.COM has the right to terminate the account agreement with immediate effect and stop all payments on its behalf.
4. The technical condition for the use of the Site is to have a workstation with an operating system installed and access to the Internet and standard software needed to browse the web, including support for cookies (cookie files). The cookies (cookie files) are valid for 365 (three hundred sixty five) calendar days.
5. To ensure the proper functioning of certain elements of the Site, the User may be required to enable the running of certain software like Java Script, Flash, etc.
7. The User shall exercise care in that a valid e-mail address is always assigned to his account on the Site.
8. The User is entitled to have only one account on the Site, which he or she can only use individually and excluding any third parties, in particular, the User may not share his or her password with any third parties or share the usage of the account with other persons.
9. The User bears sole responsibility for the security of his or her password and any use of the account after logging in with the said password. TOPFIST.COM is not responsible for the use of the account, username or password or any transaction made as the result of an unauthorized entry. The User is solely responsible for the protection of data and information contained in the account or sent to the e-mail address designated by the User. TOPFIST.COM is not to be held liable for any actions resulting from an unauthorized person accessing the account.
10. TOPFIST.COM reserves the right to change or modify the remuneration specified for a given product or service sold on the General Site at any time. If the User doesn’t agree with the changes, he or she has to delete the account.
11. Under TOPFIST Partner Program program it is forbidden to act by the User or any third party on behalf of the User such as:
• creating, placing or using any keywords, search terms, or other identifiers (including title or meta description) which is identical, pretends or simulates TOPFIST.COM’s ads (including such as the words “topfist”, or “topfist.com”, or any other trademark of TOPFIST.COM or its affiliates) generated or displayed on a search engine, including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network;
• creating, placing or using any method under which given person is redirected to General Site without his/her consent and/or taking any action in this regard, a redirection is performed for a person in unaware manner or Reflink is not properly formatted what cause that it cannot be correctly tracked or reported for TOPFIST.COM;
• any product or service was purchased by a Reflinked Person referred to the General Site by a link that sends a person indirectly to the Site via an intermediate site, without requiring the person to click on a link or take some other affirmative action on that intermediate site; hiding Reflink on the website, by placing iframe scripts, using a redirect from the ad network or referral links;
• any product or service was purchased by a Person who used Promo Code on the General Site without requiring the person to use it or take some other affirmative action on that intermediate site i.e. stating that Promo Code gives bigger discount that it really does;
• placing on his/her site, displaying, or otherwise using special links, promo code or content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by any person prior to being downloaded or installed on their computer or other electronic device;
• posting or serving any special links or other content promoting the General Site within pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with User’s site promoting products or services closely associated with the materials on User’s site;
• causing that website displays Google ads using third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, autosurf and click-exchange programs.
12. If TOPFIST.COM believes that the User have engaged in any of above-mentioned activities, TOPFIST.COM may take a number of actions to protect itself, its customers and others at any time in its sole discretion. The actions TOPFIST.COM may take include, but are not limited to, the following:
• terminate this User agreement and/or close or block the User’s account, and TOPFIST.COM may refuse to provide its services to the User in the future;
• limit the User’s access to General Site and Site, software, systems (including any networks and servers used to provide any of TOPFIST’s services) operated by TOPFIST.COM or on its behalf, the User account or any of its services, including limiting the User’s ability to pay or send money with any of the payment methods linked to the User account, restricting the User’s ability to send money or make withdrawals;
• hold the User’s balance for up to 90 days if reasonably needed to protect against the risk of liability. Prior termination of this User agreement and/or suspend or close the User’s account due to the reasons stipulated in this section, TOPFIST.COM is entitled to inform the User in this regard via e-mail or pop-up presented on the User’s account.
• Cancel users Promo Code
1. The User agrees that he or she will not:
• engage in any activity detrimental to the good name or reputation of TOPFIST.COM or which may have a negative impact on TOPFIST Partner Program, or the products and services sold through the General Site;
• take any action against the law, morality, rules of social conduct or act in any other way that would be detrimental to the interests of TOPFIST.COM including advertising for any competitor as determined by TOPFIST.COM;
• violate the provisions of the TOPFIST Terms;
• provide false or misleading information;
• illegally attempt to obtain, or obtain, benefits of participation in TOPFIST Partner Program or resulting in unfair obtaining of funds during the course of the contractual relationship between the User and TOPFIST.COM;
• send to other Users unsolicited commercial communications, especially spam;
• impersonate anyone or other entity whether actually existing or fictitious, falsely claim to be connected or have business relation with any person or entity, or access the accounts of other Users;
• use TOPFIST Partner Program, the Site, and the account for any other purpose other than the use of the services as offered by TOPFIST.COM or related to the agreement, or attempt to bypass or disable any security protocols;
• defame, harass, insult, cheat, threaten other Users, collect or attempt to collect other User personal data or personal information to disclose to third parties without their express written consent;
• modify, adapt, translate or create derivative works of the Site, or its individual components, Terms Os Use, etc., or any part thereof;
• in any way willfully obstruct the operation of the Site and TOPFIST Partner Program or interfere with other Users in the use of it, in particular to place or distribute viruses or other malicious software such as adware, spyware, etc;
• interfere or attempt to interfere with the operations of the Site or any activities performed by using the Site and TOPFIST Partner Program;
• undertake actions to acquire the passwords of other Users, including attempts to guess passwords, infer them in any way or intercept them by the usage of any form of software;
• make the account or any of its functionalities available to third parties for a fee or any form of payment; and/or
• participate in TOPFIST Partner Program to take actions related to money laundering or activities posing any risk for TOPFIST.COM being accused of using TOPFIST Partner Program for money laundering.
2. The Users consent to receive commercial information on the Site, the General Site and TOPFIST Partner Program from TOPFIST.COM, to the e-mail address provided during the registration on the Site. The User may, at any time, revoke his or her consent.
5. Any User account that is suspended may be restored to full functionality solely at TOPFIST.COM’s discretion.
1. To the extent permitted by law TOPFIST.COM shall not be liable for and does not guarantee:
• that any User will receive any minimum remuneration;,
• against any damage arising from viruses, Trojans, etc., which can be transmitted to the Site or through it by third parties, including Users (including Users to Users transmissions);
2. consequences of the account being accessed by third parties, especially if this was due to reasons attributable to the User, in particular, as a result of a User making their password available to a third party;
3. consequences of the account being accessed by third parties, especially if this was due to reasons attributable to the User, in particular, as a result of a User making their password available to a third party;consequences of the account being accessed by third parties, especially if this was due to reasons attributable to the User, in particular, as a result of a User making their password available to a third party;
4. all actions and their consequences resulting from the breach of these Terms and Conditions or giving false information by the User or by the submission of false or misleading verification data and warranties referred to in these Terms and Conditions.
1. To withdraw your revenue, you must have an account with at least one of TOPFIST.COM's withdrawal methods withdrawal methods .
2. TOPFIST.COM suggest that profile should be associated with only one account from each TOPFIST.COM'S withdrawal methods. A withdrawal provider account should be associated with only one TOPFIST.COM's profile.
3. Revenues are only made available for withdrawal from the Balance page following a safety clearance period of 14 days after the order is marked as complete.
4. To withdraw your available revenue, you must click on the designated withdrawal button and choose your withdrawal method to initiate the withdrawal process .
5. Withdrawals can only be made in the amount available to you.
• Withdrawal fees (the payment method supplier’s fee) vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
|Withdraw to your PayPal Account||2,9% up to 4,9% + 30 cents of the sum dependent on the country. To see the fees click here||For a list of PayPal services by country click here|
• Additional fees may apply based on your location and currency.
6.TOPFIST.COM make a withdrawal if the User doesn’t withdraw his revenue for 3 months after obtaining the sum.
1. Both the User and TOPFIST.COM have the right to terminate the agreement.
1. The provisions in this subparagraph constitute powers granted exclusively to the Buyer being a consumer in the case when the Seller providing a service is an entrepreneur.
2. The consumer has the right to withdraw from the agreement concluded with the Seller within 14 days of the date of conclusion of the agreement, without providing reasons.
3. The Consumer may submit a statement on withdrawal from the agreement by sending an e-mail to the contact address: email@example.com
4. Submitting the statement on withdrawal from the agreement without using a form does not influence the effectiveness of the withdrawal. In order for the statement to be effective, one must only send the statement before the expiry of a deadline.
5. TOPFIST immediately confirms accepting the statement on withdrawal from the agreement via e-mail (to the address provided when placing an order) and transfers it to the Seller.
6. In the case of sending a statement on withdrawal from the agreement, the agreement between the Buyer and Seller shall be deemed invalid.
7. TOPFIST is obliged to reimburse all payments made by the consumer immediately, not later than within 14 calendar days from receiving a consumer’s statement on withdrawal from the agreement. The Seller shall reimburse the payments using the same payment method as was used by the Consumer, unless the Consumer expressly agreed to another payment method.
8. The right to withdraw from the agreement shall not be applicable in relation to agreements the subject matter of which is service provision, if an entrepreneur fully performed a service upon a consumer’s express consent, that is, in particular, in the case of completion of an order by the Seller for the Consumer.
2. The User hereby consents to and agrees that TOPFIST.COM may transfer the rights and obligations arising from the agreement between TOPFIST.COM and the Sellers and/or the Users to a third party.
3. All communication with the administration of the Site should be done via e-mail, using the e-mail address: firstname.lastname@example.org.
5. The User has the right to submit complaints concerning the services provided by TOPFIST.COM through the Site. Complaints should be submitted in an electronic form to the e-mail address: email@example.com. Any answers to the complaints will be sent to the e-mail address from which the User sent the complaint or to any other e-mail address specified by the User.
6. Any provisions which may prove to be invalid or unenforceable shall not affect the validity of the remaining provisions. Ineffective or invalid provisions shall be replaced by valid terms that most closely match the economic purpose, the intention of the parties and the purpose of the replaced provisions which were found ineffective or invalid.