GYRE Affiliate Program Terms and Conditions

These GYRE Affiliate Program Terms and Conditions (“T&Cs”) govern your participation in the GYRE Affiliate Program.

Please read these T&Cs carefully before accepting them. By joining the GYRE Affiliate Program, you accept these T&Cs as well as other terms and policies incorporated herein by reference. If you do not accept these T&Cs, you cannot participate in the GYRE Affiliate Program.

These T&Cs are available in electronic form on the website.

These T&Cs were last updated on January 17, 2024.

GYRE is a service to stream prerecorded videos in a loop.

“GYRE Affiliate Program” (the “Program”) means a program that allows Affiliates to earn a Reward for attracting Customers to GYRE.

REST & VEST LLC (the “Company” or “we”) is the owner of the Program. The Company operates under the laws of the United Arab Emirates and is registered at Shams Business Center, Sharjah Media City Free Zone, Al Messaned, Sharjah, P.O. Box 9380, United Arab Emirates.

“Affiliate” (or “you”) means a user who is registered in the Program and uses his/her Referral Link to attract Customers or Partners.

The Affiliate and the Company are hereinafter collectively referred to as the “Parties”.

“Customer” means a GYRE user whom the Affiliate has attracted via a Referral Link and who has bought any paid GYRE subscription.

“Partner” means a user of the Program who aims to attract new Customers.

“Active Partner” means a Partner who has attracted at least one Customer or Partner via a Referral Link.

Depending on the order in which they have been connected to GYRE, Customers and Partners are assigned to different tiers:
- Tier 1 Customers or Partners register on the GYRE website by themselves or using the Affiliate’s Referral Link.
- Tier 2 Customers or Partners register on the GYRE website using Tier 1 Customer’s or Partner’s Referral Link.
- Tier 3 Customers or Partners register on the GYRE website using Tier 2 Customer’s or Partner’s Referral Link.

“Referral Link” (the “Link”) means a unique link that the Affiliate generates in the Personal Account.

GYRE uses two Link types:

“Customer Link” is used to attract Customers to GYRE;
“Partner Link” is used to attract Partners to GYRE.

If a user who has registered via the Customer Link also becomes a Partner and begins to attract other Customers and/or Partners, then such Customers and/or Partners are deemed Tier 2 Customers and/or Partners for the Affiliate who has attracted such a user.

A Partner can create an unlimited number of Links of each type and track statistics for each Link.

“Reward” means the reward that a Partner receives from paid subscriptions of its Customers.

TECHNICAL AND OTHER REQUIREMENTS
1. To register for the Program, the Affiliate fills out and sends an online application at https://my.gyre.pro/signup/affiliate (the “Application”).
2. The Company accepts the Application automatically but may review the Application later and, at its sole discretion, reject the Application without giving a reason.
3. The Company may reject the Application if the Company determines that the Affiliate’s website (the “Website”) is not in compliance with these T&Cs, including but not limited to the following:
  1. The Website promotes explicit sexual content;
  2. The Website promotes violence;
  3. The Website promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
  4. The Website promotes any illegal activity;
  5. The Website includes any content that violates or assists others in violating any copyright, trademark, or other intellectual property rights or that otherwise violates or assists others in violating the law;
  6. The Website contains illegal, malicious, threatening, defamatory, or obscene information;
  7. The Website includes the name “GYRE” or versions or misspellings thereof in its domain name and branding or otherwise impersonates GYRE.
4. When engaging GYRE users, the Affiliate is fully responsible for complying with applicable laws and intellectual property rights of others.
5. The Affiliate is fully liable in the event of use of copyrighted materials or use of third-party intellectual property and violation of law or third-party rights.
6. The Company has no liability in relation to the Website and/or actions of the Affiliate.
7. The Affiliate may not directly or indirectly create or design the Website or any other website operated by the Affiliate so that it resembles the GYRE website, or design his/her own website in such a way as to make third parties believe that the Affiliate represents GYRE or any affiliated company of GYRE.
8. The Company may at any time check the Website for compliance by the Affiliate with these T&Cs. The Company may check the compliance of the Links on the Website and/or notify the Affiliate of any necessary changes to the Website. If the Affiliate fails to make the respective changes, the Company may terminate the Affiliate’s participation in the Program.
9. The Affiliate may attract an unlimited number of Customers or Partners.
10. A Customer is the Affiliate’s Customer if the Customer has purchased at least one paid subscription within 60 days of registration.
11. A Customer is the Affiliate’s Customer for as long as the Customer uses GYRE and for a further sixty (60) days after the expiration of the last paid GYRE subscription. If a Customer renews its GYRE subscription within sixty (60) days, it will remain the Affiliate’s Customer and the Affiliate will continue receiving payments. If a Customer fails to renew its GYRE subscription within sixty (60) days, the Customer is no longer deemed the Affiliate’s Customer. From then on, any GYRE Affiliate may invite it via the Link.
12. If a Tier 1 or Tier 2 Partner fails to invite a Customer or another Partner within sixty (60) days of registering for the Program, such a Partner is no longer deemed the Affiliate’s Partner. From then on, any GYRE Affiliate may invite such a Partner via the Link.
13. If a Tier 2 Partner attracts at least one Customer or another Partner, it becomes an Active Partner and is permanently assigned to the Affiliate. If the Affiliate’s Active Partners’ teams have at least one active subscription generating transactions, a percentage thereof will be charged in accordance with these T&Cs.
14. The Company reserves the right to terminate these T&Cs with immediate effect and without notice and terminate the Affiliate’s participation in the Program if the Affiliate commits any fraudulent actions while using the Program or misuses the Program in any way. If such fraud or misuse is discovered, the Company has no obligation to pay the Affiliate the Reward for attracted Customers.
WARRANTIES AND LIABILITY
1. The Affiliate warrants that he/she is not an employee, manager, or consultant of the Company and/or the Company’s affiliates.
2. The Affiliate warrants that he/she has the authority to accept these T&Cs.
3. The Affiliate warrants that he/she will only perform actions that are approved by the Company to attract Customers and/or Partners and specified in the Personal Account.
4. The Affiliate warrants that he/she will not use any tools for mass distribution of unsolicited emails or communications (“spam”) to attract users.
5. The Affiliate warrants that under no circumstances will he/she represent himself/herself as an employee, manager, consultant, or agent of the Company and/or the Company’s affiliates or perform any other actions due to which he/she could be mistaken for an employee, manager, or consultant of the Company and/or the Company’s affiliates.
6. The Affiliate warrants that his/her actions aimed at attracting Customers and/or Partners as well as the information he/she distributes will not be misleading with respect to GYRE and these T&Cs.
7. Each Party warrants that it will not take any actions that could harm the business reputation of the other Party.
8. By using the Personal Account, the Affiliate undertakes and warrants that he/she will: (a) provide accurate, up-to-date, and complete information that may be requested in the Personal Account; (b) maintain confidentiality and security of the Affiliate’s password; (c) maintain relevance, accuracy, and completeness of the registration data and other information that the Affiliate provides in the Personal Account; (d) immediately update the data in the Personal Account upon any changes therein; (e) assume all risks of unauthorized access to the registration data and any other information that the Affiliate provides in the Personal Account; and (e) be responsible for all actions taken via the Personal Account.
9. The Company warrants that it will remit the Reward accrued for the billing period according to the payment details specified by the Affiliate.
10. The Company is not liable for third-party actions and/or omissions that have made it impossible for the Company to perform its obligations or that have led to unsatisfactory results for the Affiliate.
11. Under no circumstances is the Company liable to the Affiliate for any claims regarding (a) compensation for indirect (consequential) losses, (b) compensation for lost profit, lost income, and lost business reputation, or (c) compensation for penalties incurred.
12. On the Company’s request, the Affiliate must provide his/her identity documents (legal entity registration documents) and other information to verify the Affiliate’s data.
PARTNER STATUS
1. According to the terms of the Program, a Partner who attracts Customers through the Link receives one of the following Partner statuses:
  1. The Partner receives status “Partner” upon registration in the Program;
  2. The Partner receives the status “Active Partner” when the total payment for GYRE subscriptions by Customers attracted by such a Partner ranges from $0 to $1,999. For achieving the “Active Partner” status attraction of a minimum of one Customer or Partner through the Link is sufficient;
  3. The Partner achieves the status “Master Partner” when the total payment for GYRE subscriptions by Customers attracted by such a Partner ranges from $2,000 to $4,999;
  4. The Partner achieves the status “Expert Partner” when the total payment for GYRE subscriptions by Customers attracted by such a Partner ranges from $5,000 to $9,999;
  5. The Partner achieves the status “Leader Partner” when the total payment for GYRE subscriptions by Customers attracted by such a Partner ranges from $10,000 to $24,999;
  6. The Partner achieves the status “VIP Partner” when the total payment for GYRE subscriptions by Customers attracted by such a Partner ranges from $25,000 to $49,999;
  7. The Partner achieves the status “Magnate Partner” when the total payment for GYRE subscriptions by Customers attracted by such a Partner is $50,000 or more.
2. For the purposes of clause 3.1 of these T&Cs, payment for GYRE subscriptions includes only the initial purchase of GYRE subscriptions by the Customer and does not include subsequent renewals of such GYRE subscriptions by such a Customer.
3. Payment for GYRE subscriptions by Customers, for the purposes of clause 3.1 of these T&Cs, is considered completed after 30 (thirty) calendar days from the date of actual receipt of funds to the GYRE account.
4. The Partner receives the corresponding Partner status on the next day after meeting the requirements outlined in clause 3.1 of these T&Cs.
5. The Company calculates the Partner's Reward based on the Partner's status according to these T&Cs.
PAYMENT OF THE REWARD
1. The Company pays the Reward to the Affiliate as follows:
  1. ten percent (10%) of the amount of each paid subscription of his/her Tier 1 Customers in case the Partner has the “Active Partner” status; or
  2. eleven percent (11%) of the amount of each paid subscription of his/her Tier 1 Customers in case the Partner has the "Master Partner" status; or
  3. thirteen percent (13%) of the amount of each paid subscription of his/her Tier 1 Customers in case the Partner has the "Expert Partner" status; or
  4. fifteen percent (15%) of the amount of each paid subscription of his/her Tier 1 Customers in case the Partner has the "Leader Partner" status; or
  5. seventeen percent (17%) of the amount of each paid subscription of his/her Tier 1 Customers in case the Partner has the "VIP Partner" status; or
  6. twenty percent (20%) of the amount of each paid subscription of his/her Tier 1 Customers in case the Partner has the "Magnate Partner" status;
  7. four percent (4%) of the amount of each paid subscription of his/her Tier 2 Customers;
  8. one percent (1%) of the amount of each paid subscription of his/her Tier 3 Customers.
2. Reward accrual terms:
  1. If Tier 2 and/or 3 Customers have joined GYRE via a Tier 1 and/or 2 Customer Link, the Affiliate receives the Reward from the payment from a Tier 2 and/or 3 Customer.
  2. The billing period is one (1) calendar month for which the Company has received payments (paid subscriptions) from GYRE Customers.
  3. The Company pays the Reward to the Affiliate for each billing period.
  4. The Company undertakes to provide information about the accrued Reward to the Affiliate in the Personal Account.
  5. To receive the Reward hereunder, the Affiliate selects the Reward payment method in his/her Personal Account and specifies the bank details.
  6. The Reward is paid to the Affiliate within seven (7) days of the moment the Affiliate selects the payment method and specifies the bank details but not before the expiration of thirty (30) calendar days commencing after the month following the billing period, provided the amount of the accrued Reward is at least equal to one hundred (100) US dollars.
  7. If the amount of the Affiliate’s accrued Reward is less than one hundred (100) US dollars but more than ten (10) US dollars, such Reward of the Affiliate may only be used to pay for GYRE services.
  8. Each Party pays its taxes by itself. The obligation to pay taxes arises in connection with the receipt of funds hereunder.
  9. The Affiliate pays by himself/herself and for his/her own expense any commission fees of the bank or payment system selected by the Affiliate in the Personal Account.
  10. The Company’s obligation to pay the Reward is deemed fulfilled as soon as the funds are sent (debited from the Company’s account) according to the payment details specified by the Affiliate in the Personal Account.
TERM AND TERMINATION
1. These T&Cs become effective upon your acceptance hereof in the Personal Account and remain in full force and effect for as long as you are the Affiliate of GYRE.
2. Where a Customer fails to make payments during more than sixty (60) calendar days, the Customer is disconnected from the Affiliate’s network.
3. If the Company receives complaints and compelling evidence from third parties that the Affiliate sends spam, the Affiliate’s participation in the Program will be terminated without his/her being entitled to the Reward.
4. The Company has the right to terminate unilaterally these T&Cs by notifying the Affiliate via the Personal Account and/or the email address specified in the Personal Account.
5. The Company may amend these T&Cs at its sole discretion. The company publishes any changes on the website. The Affiliate undertakes to familiarize themselves with the current version of the T&Cs on the Company's website.
MISCELLANEOUS
1. The Parties are released from liability for a failure to perform their obligations hereunder in whole or in part if the proper performance was impossible due to force majeure circumstances, including natural disasters, military operations, introduction of a state of emergency, changes in legislation, and other emergency and unavoidable circumstances that arose after the acceptance hereof and are confirmed in accordance with applicable law (documentary evidence not required if those circumstances are generally known and recognized by both Parties).
2. The Parties must maintain confidentiality concerning the commercial terms and the progress hereof to the extent not contrary to law and/or these T&Cs throughout the term hereof and for three (3) years after its expiration.
3. By participating in the Program, the Affiliate acknowledges that he/she has read and agrees to GYRE’s Privacy Policy; otherwise, the Affiliate may not participate in the Program.
4. The Company may share information about these T&Cs with third parties to fulfill these T&Cs and confirm the cooperation between the Parties.
5. The Company may assign all or part of its rights and obligations hereunder to a third party, including by substituting a Party.
6. The Parties must resolve all disputes between them by negotiations. Any disputes not resolved by negotiations must be referred to a court.
7. These T&Cs are governed by, and construed in accordance with, English law. The Parties may have recourse to the courts of England to resolve disputes between them. If under the applicable local law the disputes hereunder may not be referred to the courts of England, the disputes may be considered by the local courts of the Company’s country of incorporation under the laws of that country or, if the Parties so agree in writing, by the local courts of the Affiliate’s country of domicile or registration under the laws of that country.