Offer for advertisement placement services
This offer is for tax residents of the Russian Federation and is available in Russian documentation.
The English text below is machine-translated and is for informational purposes only.
(edited July 26, 2023)
This document, further to the text of the "Offer", establishes the legal relationship between Limited Liability Company "VKontakte" , further to the text "Customer", by a legal entity created and operating in accordance with the legislation of the Russian Federation, with a location at the address: 191024, St. Petersburg, Khersonskaya St., 12-14, letter A, room 1-N, and by a person, further to the text "Contractor", who duly accepted the terms of this Offer. Accepting the terms of this Offer, the Contractor concludes a contract for the provision of advertising services, further according to the text of the Agreement (Offer).
An integral part of this Offer is the Platform Rules, located at https://dev.vk.com/rules address, as well as the Rules for advertising in gaming applications and services VK Mini Apps, which are located on the Internet at https://dev.vk.com/ad-rules address..
1. Terms and definitions:
- •
The Social Network (Site) - a multifunctional website located at the address of the www.vk.com (including all levels of the specified domain, both functioning at the date of conclusion of the Agreement, and launched and put into operation throughout the term of the Agreement) and available to the User through the site, the mobile version of the site, applications and other resources designed for interactive interaction of Users with each other and the use of individual software features, including. Social Games and VK Mini Apps.
- •
User - an individual, user of the social network VKontakte registered in the prescribed manner on the Site, authorized through a personal page in the Social Network, and accessing the Application hosted in the Social Network, and using it.
- •
Annex - software / interactive service of the Contractor, posted (s) in the Social Network (the legal owner of which is the Contractor who has passed the procedure of appropriate registration on the Site), including. Game, Application VK Mini Apps, except for the software products of the Contractor, through which the sale of goods, services or rights to the results of intellectual property is carried out remotely.
- •
Social network's mobile client - Social network applications for mobile devices placed on Mobile platforms, as well as the version of the Social network site for Mobile platforms.
- •
Mobile platform Platforms that allow mobile device owners to purchase and install Apps for their mobile device. For the purposes of the Agreement, the Parties understand the Mobile Platform as the App Store, Google Play.
- •
API (Application Program Interface, Application Program Interface, or Interface) A set of rules and agreements regarding call formats and procedures that determine the order of interaction of software products.
- •
Reporting period 1 (one) calendar month, unless otherwise provided.
- •
Account - an account created by the Contractor on the Site and containing information about the Contractor. Access to the Account is carried out through the Personal Cabinet.
- •
Private office - a closed area of the Site that allows you to move within the information space allocated to the Contractor, in order to get acquainted with the Statistics Data. To enter the Personal Account, a unique name and password received by the Contractor when registering on the Site are used.
- •
Statistics - data generated by the Customer based on the results of automatic processing on the number of Ad impressions to the Site Users in the Reporting period, which the Contractor can get acquainted with in the Personal Account.
- •
Advertising - information distributed by the Contractor in the Application, addressed to an indefinite number of persons and aimed at attracting attention to the object of advertising, forming or maintaining interest in it and its promotion in the market.
- •
Rewarded Advertising (Rewarded) - the type of Advertising shown to the User on the WEB and mobile WEB platforms with subsequent remuneration.
- •
Advertising between game sessions (Interstitial) - the type of Advertising shown to the User on the WEB and mobile WEB platforms in the intervals between game events.
- •
Posts Tagged sticky banners’ (Sticky banners) — the type of Advertising shown to the user in the form of a banner on the WEB platform and mobile WEB with auto-updating and drawing on the VKontakte side..
- •
Native Rewarded Advertising (Native Rewarded) - the type of Advertising shown to the User on the Android or iOS platform with subsequent remuneration.
- •
Native advertising between game sessions (Native Interstitial) - the type of Advertising shown to the User on the Android or iOS platform in the intervals between game events.
- •
Native Banners (Native Banners) - the type of Advertising shown to the user in the form of a banner on the Android or iOS platform.
- •
Native Sticky Banners (Native Sticky Banners) — the type of Advertising shown to the user in the form of a banner on the Android or iOS platform with auto-updating and drawing on the side of the client application VKontakte
2. The condition for joining this Offer is the completion by the Executor of the application at the address of the https://vk.com/apps_cashout_ads.php indicating the details of the legal entity or individual entrepreneur under the unique login and password of the Executor on the Customer's Site, confirmation of the correctness and reliability of the data entered in the section "Consent with the Offer" by selecting and clicking the mark on the field "Confirm". This mark is recognized as an analogue of a handwritten signature in accordance with Article 160 of the Civil Code of the Russian FEDERATION, and its placement entails the conclusion of this Agreement between the Contractor and the Customer in accordance with paragraph 1. 3 Art. 438 of the Civil Code of the RUSSIAN FEDERATION. Information about the acceptance of the offer is stored by the Customer in the Personal Account in the form of a record with the data provided by the Contractor when accepting the offer, as well as the date and time of acceptance, which is sufficient confirmation of the fact of acceptance of this Offer.
3. Each subsequent application of the Contractor to the Site (transition to the Personal Account) is carried out through the authorization of the Contractor on the Site, by entering a unique name and password obtained during the registration procedure on the Site.
4. Within the framework of this Offer, as well as the execution of the contract, the Contractor undertakes to provide the Customer with the Services for placing the Advertising in the Application by showing the Users of the Social Advertising Network, further on the text of the Service, and the Customer pays the Contractor a fee for the services provided in the amount and in the manner established by this Offer.
5. Advertising for placement in the Application is provided by the Customer via API at the request of the Contractor. The customer independently carries out all calculations with advertisers. In case of receipt of claims from third parties related to the placement of Advertising, the Customer independently and at his own expense will settle these claims.
6. The Contractor independently determines the type of placement of Advertising through API. The Contractor is not entitled to use third-party advertising monetization systems (banner and teaser networks, CPA systems and others) and third-party media advertising display systems.
7. The Customer has the right, without explaining the reasons, to refuse to place the Advertising in the Contractor's Application.
8. The cost of the Services of the Executor is determined depending on the number of Ad impressions in the Application to Users of the Social Network based on the cost of 1000 (one thousand) impressions, which is indicated in Appendix 2 to the real offer.
9. The parties recognize that the cost of 1000 (one thousand) impressions can be changed by the decision of the Customer unilaterally, about which the Customer informs the Contractor by publishing relevant information on the Site. Changes come into force from the moment of posting the changed text on the Site at: https://dev.vk.com/apps-offer-ad> The Contractor undertakes to regularly check the cost of the Services. The Contractor has the right to disagree with the new cost of the Services, sending within 3 (three) days from the date of publication of the relevant changes, a written notification (refusal) from the Agreement to the Customer. Non-receipt of written notification (refusal) from the Contractor, as well as any performance of the Agreement (offer) after the entry into force of the changes, shall be considered as the Contractor's consent to the new conditions and the conclusion of the Agreement (offer) on the new conditions.
10. In case of detection by the Customer of facts of artificial increase of indicators (fraud) when showing Advertising, including, but not limited to, automatic cheating of advertising views without or using bots, the Customer has the right to make an adjustment to the Customer's Statistics Data and take it into account when calculating the remuneration of the Contractor. In addition, the Customer has the right to block the Personal Account of the Contractor, as well as completely and partially disable / block / delete the Contractor's Application(s) posted on the Social Network, or refuse to place Advertising in the Application.
11. On the fact of rendered services, the Parties, in the absence of disagreements, sign the Act on rendered services according to the statistics of the Customer.
12. Calculation and payment of remuneration to the Contractor shall be carried out according to the results of each Reporting period on the basis of the Customer's Statistics.
- 1.The Contractor shall prepare a certificate of the form specified in Appendix 1 information for a particular reporting period. In confirmation of the fact of proper provision of services, on the basis of the Certificates, the Contractor shall draw up the Act on Services Provided for the Reporting Period.
14. The Contractor not later than 5 (five) working days from the date of receipt of the Customer's Statistics Data for the relevant Reporting period sends the Customer a Certificate, Act and Account. The invoice is provided in cases stipulated by the legislation of the Russian FEDERATION. Instead of the Act and the invoice, the Parties have the right to use the Universal Transfer Document in relation to the Services for the Reporting Period in the form provided for by the Letter of the Federal Tax Service of Russia dated October 21, 2013 No. MMV-20-3/96@ (hereinafter referred to as the UPD) in the manner and terms provided for the signing of the Act.
15. The certificate, the Act, the Invoice (if applicable) and the Account, compiled on the basis of the Statistics Data, are provided to the Customer in an electronic scanned form with the signature and seal of the authorized representative of the Contractor (with the subsequent sending to the Customer of the originals of these documents). The electronic form of documents is sent by the Contractor to the Customer's e-mail api@corp.vk.com The parties have the right to use the electronic document management system (hereinafter referred to as "EDO"), which allows signing documents with an electronic signature (hereinafter referred to AS "EP").
16. The parties once a month calculate the remuneration of the Contractor on the basis of the Customer's Statistics Data, within a period of no more than 5 (five) working days from the end of the Reporting Period, while the remuneration is paid directly within a period not exceeding 45 (forty-five) calendar days from the end of the relevant Reporting Period, subject to the provision by the Contractor of the documents provided for in paragraph 1. 14-15 offers. At the same time, the Parties stipulated that the remuneration is not paid to the Contractor if its amount in the relevant Reporting Period is less than 10,000 (ten thousand) Russian rubles. In this case, the remuneration is paid to the Contractor at the end of the Reporting period, in which its amount exceeded 10,000 (ten thousand) Russian rubles, or after the termination / expiration of this Agreement. The Contractor has the right to independently determine the amount of the remuneration to be paid by the Contractor for the Reporting period within the cost of the services provided, determined on the basis of the Customer's Statistics, if the remuneration is 10,000 (ten thousand) or more Russian rubles.
17. Payment for the cost of the Contractor's services is carried out in RUBLES.
18. The customer is considered to have fulfilled his obligation to pay from the moment of writing off funds from his current account.
19. The current version of the Offer is placed by the Customer on the Internet at the address: https://dev.vk.com/apps-offer-ad
20. The Customer has the right to unilaterally change the terms of the Agreement (offer), by publishing a new version or changes on the Site. Changes come into force from the moment of posting the changed text on the Site at: https://dev.vk.com/apps-offer-ad The Contractor undertakes to regularly get acquainted with the new editions and follow the rules of the new editions.
21. The Contractor has the right to disagree with the new conditions for concluding the Agreement (offer), sending a written notice (refusal) to the Customer within 3 (three) days from the date of publication of changes on the Site.. Non-receipt of written notification (refusal) from the Contractor, as well as any performance of the Agreement (offer) after the entry into force of the changes, shall be considered as the Contractor's consent to the new conditions and the conclusion of the Agreement (offer) on the new conditions.
22. In case of receipt by the Customer of the notification (refusal), the concluded Agreement (offer) is considered terminated at the initiative of the Contractor after 10 (ten) calendar days from the date of receipt of the notification (refusal).
23. The Offer comes into force from July 1, 2022 and is valid until the withdrawal of the Offer by the Customer. The contract is considered concluded for an indefinite period from the moment of acceptance of the Offer by the Executor in accordance with p. 2 offers.
24. The contract (offer) may be terminated by written agreement of the Parties or otherwise in accordance with the legislation of the Russian Federation and the terms of this Agreement.
25. The Contractor has the right to terminate this Agreement (offer) unilaterally, subject to written notification of the Customer 30 (thirty) working days before the expected date of termination.
26. The Customer has the right to refuse to execute the Contract (Offer) unilaterally, subject to written notice of termination to the address specified by the Contractor during the registration procedure.
27. Invalidity of any of the provisions of the Agreement (offer) does not entail invalidity of the Agreement (offer) as a whole.
28. This Agreement (offer) remains in force in case of change of details of the Parties, change of their constituent documents, organizational and legal form, change of the owner of one or both Parties.
29. In case of changing the details of one of the Parties specified in this Agreement, such Party undertakes to notify the other party within 3 (three) working days.
30. The legislation of the Russian Federation shall apply to the relations of the Parties not regulated by this Treaty. Disputes between the Parties, as well as between the Parties and third parties in connection with the conclusion, execution and termination of the Agreement shall be considered in the Arbitration Court of St. Petersburg and the Leningrad Region. Compliance with the pre-trial claim procedure is mandatory. Claims shall be sent under the signature of the authorized representatives of the Parties and shall be considered by the Party that received the claim within 10 (ten) calendar days from the date of its receipt.
31. Requisites of the Customer:
Name: Limited Liability Company "VKontakte" (OO "VKontakte") . Address of the location: 191024, St. Petersburg, Khersonskaya St., 12-14, letter A, room 1-N. ОГРН 1079847035179 TIN 7842349892 PPC 997750001 p/h 40702810700000103017 k/h 30101810200000000823 БАНК ГПБ (АО) БИК 044525823
E-mail address: api@corp.vk.com
July 26, 2023
Appendix 1
Offer for the provision of advertising services for residents
(as amended on 26 July 2023)
Form of inquiry
Form of reference
Appendix 2
Offer for the provision of advertising services for residents
26 July 2023
The cost of the Services of the Executor using the general taxation system (is a payer of NDS), according to the placement of Advertising in the Application, is determined depending on the number of impressions to Users of the Social Network at the rate of 1000 (one thousand) impressions, equal to:
- •for placement of "Advertising for remuneration (Rewarded)" - 72 (seventy-two) rubles with NDS;
- •for the placement of "Advertising in the intervals between gaming sessions (Interstitial)" - 60 (sixty) RUBLES with DS;
- •for placement "Advertising block (Sticky banners)" - 30 (thirty) rubles with NDS;
- •for the placement of "Native Advertising for a reward (Native Rewarded)" - 108 (one hundred and eight) rubles with DS;
- •for the placement of "Native Advertising in the intervals between game sessions (Native Interstitial)" - 96 (ninety-six) RUBLES with DS;
- •for the placement of "Native banner advertising (Native banners)" - 12 (twelve) rubles with NDS;
- •for placement "Native sticky banners" - 36 (thirty-six) rubles with NDS.
The cost of the Services of the Executor using a simplified taxation system (is not a payer of DS), according to the placement of Advertising in the Application, is determined depending on the number of impressions to Users of the Social Network at the rate of 1000 (one thousand) impressions, equal to:
- •for placement of "Advertising for remuneration (Rewarded)" - 60 (sixty) rubles without ?4??1?;
- •for placing "Advertising in the intervals between gaming sessions (Interstitial)" - 50 (fifty) rubles without DS;
- •for placement "Advertising block (Sticky banners)" - 25 (twenty-five) rubles without NDS;
- •for the placement of "Native Advertising for a reward (Native Rewarded)" - 90 (ninety) rubles without DS;
- •for the placement of "Native Advertising in the intervals between game sessions (Native Interstitial)" - 80 (eighty) RUBLES without DS;
- •for the placement of "Native banner advertising (Native banners)" - 10 (ten) rubles without NDS;
- •for placement "Native sticky banners" - 30 (thirty) rubles without NDS.