Affiliate Program “Silk Road Explore” LLC. Public offer

KEY TERMS

Website is a system of electronic documents (files) published in the web and united with a common theme and design and with a single address space of silkroadexplore.com domain (hereinafter referred to as the “Website”). The Home Page of the Website is available on the Internet at the following address: https://silkroadexplore.com

The Website is a platform to promote tourist services of the Provider and to sell the same to the Users.

Website Administration (“Administration”) is Silk Road Explore LLC, which owns all property rights to the Website, including the rights to the domain name of the Website and which implements administration of the same.

Services Provider is a travel agency / tour operator being a legal entity registered and having all necessary permits and licenses for carrying out tourist activities in accordance with the current legislation of the country of its registration.

Website Partner is a person who passed the registration procedure, received an individual login and password (“Account”), carries out the search for and attraction of the Users to purchase tourist services from the Providers, information on which is available on the Website, and promotes the Providers’ Services on the Website.

This document is a public offer of Silk Road Explorer LLC (a legal entity registered and operating in accordance with the current legislation of the Kyrgyz Republic, legal address:, 28 Minbulaksky lane, Bishkek, Kyrgyz Republic), represented by the General Director Ulan Absatarovich Tolubaev, acting in compliance with the Charter, intended for concluding a contract to render the services of attracting customers and promoting services of travel agencies, tour operators (hereinafter referred to as the Contract), with use of the Website, owned and administered by Silk Road Explore LLC.

The fact of putting a special mark (a tick in the line “I accept the offer conditions”) and pressing the button “Register” at the time of registration on the Website shall be recognized as acceptance, i.e. unconditional consent of the Website Partner to accept the offer conditions in form of a contract with the Administration, without any reservations and / or exceptions under the following terms.

The Service Provider and the Administration shall be individually referred to as the “Party” and jointly as the “Parties”. The Contract shall come into force from the date of acceptance.

At the time of acceptance the Contract shall be assigned a number and a date.

1. Subject of the Contract

1.1. The Website Partner undertakes to implement attraction of customers to use the Website system of searching for tourist services via the Internet.

1.2. Attracting customers shall be carried out by placing hypertext links (hereinafter referred to as the “partner links”, as well as the “links”) to the Website or other materials provided by the Administration on websites, social networks available to the Website Partner, or through legal mailing of messages containing the links.

2. Procedure of the Contract implementation

2.1. The Administration shall assign to the Website Partner an individual identification number and grant to it the access to the “Account” – an individual profile of the Website Partner, which shall contain the instructions related to the Partner Program, the actual statistics of the users’ visits to the website, the identifier of a partner link, proposed for promotion of the services to be published on the Website, fees to the Service Providers for assistance in promotion of the services, under implementation of the Contract, as well as other necessary information.

2.2. The Website Partner shall publish a partner link on the Internet resources including social networks used by the targeted segment of the users of tourist services (hereinafter referred to as the “Customers”).

2.3. The Administration keeps records of the Customers’ visits to the Website through the links published by the Website Partner. Any visit of each Customer is registered by the Administration for a period of one (1) month. In the case of the Customer’s purchasing of any services provided on the Website during the term of its registration, a fee shall be paid to the Website Partner at the rate specified by the Service Provider for the service purchased by the customer. Thus, payment of fees to the Website Partner shall be made in the case of customers’ purchasing of tourist services from Providers through the use of links, published by the Website Partner.

2.4. The Website Partner fees shall accumulate and when the minimum limit of $ 100 (one hundred) US dollars and above is achieved, it shall be transferred to the Partner Website. The administration shall inform the Website Partner through its account about achievement of the minimum fee limits.

2.5. All interactions between the Website Partner and Service Provider prior to the completion of payment for tourist services shall be made solely through the Website.

2.6. When using the Website or placing the links the Website Partner shall not:

• publish partner links on the Internet resources, the content of which does not comply with the current legislation of the Kyrgyz Republic;

• violate the rights of third parties, including minors and / or harm them in any way;

• represent the interests of any person, including the Administration of the Website, without the proper authorization;

• mislead the Customers or the Website Administration about the properties and characteristics of any entities or objects involved in the promotion of tourist services;

• upload, send, transmit or in any other way to post and / or distribute any material that contains viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunication equipment or software;

• collect and store private information of other persons without proper authorization;

• disrupt the normal operation of the Website and any other websites;

• promote any actions aimed at violation of the restrictions and prohibitions imposed by this Contract;

• otherwise violate the laws of the Kyrgyz Republic.

3. Rights and obligations of the Parties

3.1. The Administration is obliged:

3.1.1. to ensure efficiency of travel services search system on the Website, to inform the Website Partner of possible changes in the system.

3.1.2. to register the Website Partner, who completed the required form and accepted the terms of this Contract with assigning a unique identification number.

3.1.3. to arrange accounting of the customers transitions from the Internet resources and social networks of the Partner to the Website as well as to monitor the actual purchases of services made by the Customer as a result of such transitions.

3.1.4. to pay fees to the Website Partner in the amounts and on the terms set forth herein.

3.1.5. provide advices on operation of the tourist services search system, required for the Website Partner to perform its duties. The advices can be provided by e-mail to partners@silkroadexplore.com within business hours during the week.

3.2. The Administration has the right:

3.2.1. to refuse performance of the Contract without payment of the fee payable to the Website Partner in case of the latter’s violation of the obligations hereunder.

3.2.2. to change unilaterally the terms of the Contract with mandatory notification of the Website Partner by e-mail not later than one (1) month prior to such changes’ coming into force.

3.2.3. to terminate unilaterally the Contract with the Website Partner without explanation of the reasons with mandatory notification by e-mail and transfer of fees payable according to the established procedure of payments.

3.3. The Website Partner is obliged:

3.3.1. to publish the links or other materials provided by the Administration, directing the customers to the Website, on the Internet resources and social networks used by the target segment of the users of tourist services.

3.3.2. to encourage the users of the Internet resources and social networks by any legal means available to use the travel services search system of the Website.

3.3.3. to inform Immediately the Administration about all cases of faults, inaccuracies and errors in the tourist services search system of the Website.

3.3.4. not to publish any links or other materials provided by the Administration under this Contract, on the Internet resources, without the express consent of the owners of these Internet resources, and not to send e-mails and other messages to users without their explicit consent.

3.3.5. not to create a parasitic load on the Website. Any parasitic load means transitions to the Website, committed not to search for travel services for personal needs of the users of Internet resources and / or social networks, but for the purpose of artificially inflating the figures of the Website Partner or damage of the Website performance.

3.3.6. not to use any domains which names are in tune with the name of the Website in order to promote the services.

3.3.7. not to use any trademark, logo, brand and / or the domain name of the Website to carry out advertising campaigns in contextual advertising systems. The brand under this Contract is to be understood any silkroadexplore spelling and transliteration in any form (for example, in Slavic languages “силк роад эксплор” and other consonant wordings).

3.3.8. to refrain from engaging in activities prohibited by the legislation, as well as any action as a result of which the business reputation of the Administration can be harmed and / or the Administration may be involved in the litigation, the subject of which include the disputes on title to the results of intellectual activity and / or means of individualization, disputes with consumers, any disputes / proceedings with public authorities in relation to the Website Partner and its activities.

3.4. The Website Partner has the right:

3.4.1. to receive fees for promotion of the services on the terms and in the amounts provided in this Contract.

3.4.2. to specify independently the Internet resources and / or social networks to publish partner links in compliance with the terms of this Contract.

3.4.3. to refuse provision of the services under this Contract by sending a written notice to the Administration.

4. Mutual settlements between the Parties

4.1. The fees payable to the Website Partner for attraction of the customers shall be transferred by the Administration for actually booked and purchased travel services on the third-party websites, participating in tourist services search system of the Website that have occurred as a result of the transition from the Partner’s websites to the Website.

4.2. To calculate the Website Partner’s fees all the transitions shall be accounted which were committed to the Website through the links containing the individual identification number assigned to the Website Partner. This includes account of the tourist services sales, committed from personal computers and mobile devices of the users within 1 (one) month from the date of the first customer’s transition to the Website. Accounting of customers shall be based on the cookies set in the users’ browsers.

4.3. If the Customer moved to the Website from an Internet resource or a social page of the Website Partner through a link that does not contain the unique identification number of the Partner, or its browser does not contain cookies set by the Website, then the fees shall not be fixed and charged.

4.5. The Administration provides the Website Partner with information on incomes earned by the Partner from the online transition from the websites in the account of the Website Partner.

4.6. Transfer of the fees to the Website Partner shall be made when the amounts of the minimum limit are achieved not later than 10 (ten) working days from the date of notification of the Website Partner in its account. The Parties shall agree payment details for the fee transfer. Transfer costs shall be covered by the Website Partner.

4.7. In case of failure of the Website Partner to perform the Contract, the fee shall be payable only if the minimum size limit is achieved, unless otherwise agreed by the parties by negotiation.

4.8. Each Party shall be solely responsible for payment of taxes and other mandatory payments to the budget, in accordance with the current legislation of the country of registration of each of the Parties, from the sums received by each of the Parties under performance of this Contract.

5. Special conditions

5.1. the Parties shall recognize confirmation of the Website Partner’s and the Website Administration intentions by implementing the actions specified in this Contract, by means of which separate legal actions can be performed hereunder, to have similar effect as the handwritten signature of the person authorized to conclude and execute the Contract on behalf of the Website Partner and Website Administration.

5.2. At the request of the Administration the Website Partner shall, not later than 10 (ten) working days, sign and send to it the original documents in hard copies, confirming execution of the Contract, including those relating to the fulfillment of tax obligations.

5.3. The Service Provider undertakes to notify the Administration of the Website on any changes in the details of the Website Partner.

5.4. Upon detection of the fact that the Website Partner provided false information during the registration procedure or in the course of execution of the Contract, the Website Administration may elect to require for provision of appropriate documents certifying the information of the Website Partner and / or refuse to execute the Contract.

6. Intellectual property rights and confidentiality

6.1. All information posted on the Website, the Website infrastructure and Website software is the property of the Website Administration, which has the exclusive right to the domain name silkroadexplore.com. These rights are registered under the proper procedure and are protected by applicable laws. Any trademarks, names of legal entities, logos and other copyright attributes that in one form or another are present on the Website are the property of their respective owners and are adequately protected. The Website, its owners and its partners grant to the Website the right to download, print and use the information provided on the Website for personal, non-commercial use only. Any action with the infrastructure of the Website and its content, which do not meet the purposes and objectives of the Website development, any reference to a material presented on the Website, link to the Website and positioned on the information contained therein, and other commercial use of the Website is not stipulated in this Agreement may only with the written consent of the Administration Website.

6.2. The Website Partner agrees not to modify, reproduce, publish, distribute, transmit, display, license, transfer to the property, sell or resell, create derivative forms or distribute any of the information taken from the Website.

6.3. The Website Partner gives unconditional consent that it will not use any automated program to collect information for the purpose of accessing to the Website or copy the Website data. The Website Partner further agrees that it will not use any program that can harm the operation of the Website or disrupt its normal functioning.

6.4. Within the term of this Contract, the Administration provides the Partner with a non-exclusive right to use and publish (communicate to the public) any text materials and graphics of the Website on internet resources and social networks in the manner specified in this Contract and solely for the purpose of obligations performance under this Contract.

6.5. The parties agree to keep secret and treat confidentially all information received by one Party from the other Party, and designated by the disclosing Party as a private or confidential information of such disclosing Party and not to disclose, make public, divulge or otherwise provide this information to any third party without the prior written permission of the disclosing Party.

6.6. The obligation to keep the confidentiality of the information in accordance with the provisions of this Section shall remain in force after the expiration of the Contract or its termination for any reason within 3 (three) years.

7. Disputes settlement

7.1. All disputes hereunder shall be resolved by negotiation between the Parties. In case of failure to settle a dispute through negotiations, the dispute shall be resolved in courts of the country of the defending Party, according to the current legislation of the defendant’s country.

7.2. All disputes in relation to the provision of tourist services of the Provider shall be settled exclusively between the Customer(s) and Service Provider.

8. Term of the Contract

8.1. This Contract shall come into force from the date of its acceptance by the Website Partner and is valid for one calendar year from the date of acceptance. If none of the parties, not later than thirty (30) days before the expiration of this Contract, declares its intention to terminate the Contract, it shall be automatically extended for each subsequent calendar year.

8.2. Either party may refuse to perform this Contract unilaterally out of court, with sending a written notice to the other party within thirty (30) days before the intended date of termination. Obligations of the parties shall terminate after performance of all obligations specified in the Contract.

In the event of expiration/termination of the present Contract, the Website Partner shall remove from the online resources and social networks all partner links and materials obtained from the Administration, and eliminate references to participation in the Website Partner Program not later than five (5) days prior to the date of expiration and / or termination of the Agreement.

8.3. The administration has the right to terminate this Contract unilaterally with immediate effect in the following cases:

8.3.1. no access to the internet resources and / or the social networks of the Website Partner for a long time (three months), or e-mail indicated by the Website partner for communication is not valid.

8.3.2. the Website Partner’s disclosure and use of any information that constitutes confidential information in accordance with Section 6 hereof without the written consent of the Administration.

8.3.3. The Website Partner breaches cl. 2.6, 3.3.4 – 3.3.8 of the Contract.

9. Final provisions

9.1. None of the Parties to this Contract shall not be entitled in any way to transfer its rights and obligations hereunder to any third party without the prior written consent of the other Party.

9.2. Correspondence between the Parties, as well as the exchange of information and notifications shall be via e-mail to the addresses agreed by the Parties during the registration of the Website Partner.

9.3. As to all matters not covered by this Contract, the Parties shall be governed by the applicable laws of the Kyrgyz Republic.

10. Details of the Website Administration:

Silk Road Explore LLC

28 Minbulaksky lane, Bishkek, Kyrgyz Republic

Tel./e-mail/fax: +996 550 914 408

info@silkroadexplore.com

General Director Ulan Absatarovich Tolubaev

Bank details:

Kazkommertsbank Kyrgyzstan OJSC

BIC: 105001

a/c: 1051010219100037