1. Introductory provisions
The Rules of the Affiliate Program (hereinafter referred to as „Rules“) are an inseparable part of a cooperation agreement - Affiliate Program - that is concluded in a digital form between WebSupport, s.r.o., established at Karadžičova 12, 821 08 Bratislava, company ID: 36 421 928, tax ID: 2021869234, VAT: SK2021869234, registered with the Commercial Register of the District Court Bratislava I., sec.: Sro, insert no.: 63270/B as a provider of the Affiliate Program (hereinafter referred to as " Provider "), and between a natural person or a legal entity that joins the Affiliate Program in line with these Rules as a party to the Affiliate program (hereinafter referred to as "The Affiliate").
The rights and obligations of the Provider and the Affiliate that are not governed by these Rules shall apply mutatis mutandis to the provisions of the General Terms and Conditions of Providing Webhosting Services, Domain Registration and Other Related Services of the Provider (hereinafter referred to as “GTCs”) valid at the time of exercising these rights and fulfilling the obligations of the contracting parties. However, the provisions of these Rules shall prevail over the provisions of the GTCs
Participation in the Affiliate Program is established upon registration in the Affiliate Program by using one of the forms of promotion, wherein the Partner is under the obligation to make space on their webpages to promote the Provider’s products and services via text links and banners directed to the Provider’s webpages. Links as well as banners are solely created by the Provider. The Provider reserves the right to make changes to advertising texts and banners.
After the Provider accepts the registration of the Affiliate into the Affiliate Program, a brokerage agreement is created between the The Affiliate as the broker and the Provider as the client (hereinafter referred to as "Agreement").
The Provider of the Affiliate Program is WebSupport, s.r.o., established at Karadžičova 12, 821 08 Bratislava, company ID: 36 421 928, tax ID: 2021869234, VAT: SK2021869234, registered with the Commercial Register of the District Court Bratislava I., sec.: Sro, insert no.: 63270/B.
The Affiliate means a natural person who is of full age and fully eligible to perform legal acts or a legal entity who registers into the Affiliate Program by filling out a registration form of the Affiliate Program through a partner platform designated by the Provider. An Affiliate may not become a natural person or a legal entity to whom the Provider provides a free service (sponsored product) and that to the extent and in relation to this free service.
A Visitor designates each unique visitor to the Provider‘s webpages that has been mediated by the Affiliate.
A Customer means any Visitor to the Provider‘s webpages, who has been mediated by the Affiliate and who orders services or products from the Provider and pays an agreed remuneration (price) for these ordered services or products.
A Commission means financial remuneration (payment) from the Provider to the Affiliate for the mediation of the Visitor or Customer based on the Affiliate Program.
A website is an internet page where the HTML code is located and which is owned or is already in use by the Affiliate and which has been identified by the Affiliate in the Agreement or subsequently assigned to the Affiliate Program within their user account. The Webpage has to be in the Affiliate's ownership or legitimate use, be permanently accessible to the Provider‘s employees and have the characteristics of a finished page, i.e. not raise any doubts about its appearance or functionality.
HTML Code is a unique special code assigned to the Affiliate by the Provider within the Affiliate Program and is displayed as an advertising space after being embedded into the Affiliate's website.
Advertising space represents banners, search bars or text links that are the result of HTML codes embedded in the Affiliate's website.
3. Conditions and forms of promotion
The Affiliate undertakes to create an advertising space on their webpage for banners or text links directing to the Provider's services or products. The Affiliate is obliged to use the assigned HTML code for each form of promotion
The Provider shall pay the Affiliate a commission in the amount determined according to an individual campaign as set according to the Provider‘s pre-published conditions. The Provider reserves the right to change the terms and conditions of the campaign and is obliged to inform the Affiliate about the changes. The right to commission arises for the Affiliate only after the Provider received payments for their products or services that the Customer ordered via a link located on the Affiliate's website. The Provider shall register the commission for the Affiliate no later than 1 day upon receipt of the Customer’s payment for the Provider's services or products that the Affiliate intermediated
The advertising space cannot be placed on a webpage the content of which:
- is contrary to generally binding legal regulations or good morals, or
- is contrary to the provisions of Art. 7 para. 7.2, letters i. to iv., vi, xii to xiv. of the Provider’s GTCs, or
- displays signs of pornography, or
- serves primarily to display advertisements, or
- is designed to promote or disseminate views of the extreme left or extreme right, or
- may otherwise damage the Provider‘s reputation.
It is forbidden for the Affiliate to advertise without the Provider’s prior consent non-existent discounts or other special benefits that should invite or encourage the Visitor to use the Provider's services or products (hereinafter as "misleading advertising"). In the event of a breach of this obligation, the Provider is entitled not to pay the Affiliate a brokering Commission, or to reduce the newly created yet unpaid Commission by the amount of the unduly paid Commission that was received as a result of, or in direct connection with the Affiliate's misleading advertising. When interested in offering, promoting or providing special advantages to the Visitors of their webpage (especially a discount on the prices of the Provider's services and products), the Affiliate shall in advance request from the Provider to provide such special benefits. The Provider shall review such a request and inform the Affiliate within 14 days of the outcome of their request. The Affiliate is not legally entitled to grant or agree to grant a discount or other special benefits.
4. Affiliate's remuneration
The remuneration shall be paid by the Provider to an entrepreneur - natural person or a legal entity, which are authorized to issue tax documents, only on the basis of an invoice containing the characteristics of a tax document sent via registered mail or email to the Provider and to the Provider’s address of establishment. The issued invoice has to meet all the requirements of a proper tax document and contain the Affiliate's username used in the Provider’s Affiliate Program. The amount of remuneration is calculated as a percentage of the price without VAT of the Provider’s product or service mediated by the Affiliate'. The maturity of the invoice is 30 days from the date of delivery to the Provider. The seller’s details on the invoice have to be identical to the Affiliate’s details in the Affiliate Program.
Non-business individuals may request the Provider to provide a discount on the next purchase of the Provider's services or products corresponding to the anticipated entitlement to a Commission under these Rules. The Provider shall review such a request and inform the Affiliate within 14 days of the outcome of their application. In this case, the Affiliate is not legally entitled to a discount or other special benefits
The Affiliate is entitled to be paid a Commission when the total amount of the Commission amounts to € 50. The remuneration will always be paid to the Affiliate by a bank transfer to the Affiliate's bank account specified in the invoice that was delivered to the Provider. The commission covers all costs incurred by the Affiliate in connection with their activities under the Agreement and the Rules.
5. Protection of personal data
The protection of the Affiliate's personal data shall be governed by the provisions of Art. 13 of the Provider’s GTCs.
The Provider shall not use nor disclose personal data outside the scope necessary to operate the Affiliate Program and to ensure its functionality.
6. Duration and termination of agreement
The Agreement is concluded for an unlimited period.
The Agreement expires:
- by mutual agreement – when the Affiliate or the Provider sent a request electronically to terminate the Agreement within the Affiliate’s user account and when the other contracting party accepts the request electronically. At the moment of receipt of such acceptance (a notice in the Affiliate’s user account), the Agreement shall expire.
- by termination of the Agreement electronically by either contracting party for any reason or without stating a reason within the Affiliate's user account through sending a notice to the other contracting party. The notice period is one month and commences on the first day of the month following the month when the notice was sent.
- by withdrawal from the Agreement. The Affiliate is entitled to withdraw from the Agreement electronically within the Affiliate's user account only if the Provider is in delay with the payment of the Commission for more than 30 days or if the Affiliate's business license has expired. The Provider is entitled to withdraw from the Agreement electronically within the Affiliate's user account especially if the content of the Affiliate's webpage is contrary to generally binding legal regulations, good morals or these Rules, or if the Provider learns that the Affiliate is conducting any activity leading to unjustified increase of Commissions. Activities leading to an unjustified increase of Commissions are understood primarily as follows:
- Placing a link so that it is automatically activated upon entering the Affiliate’s webpage.
- Modifying a banner that was created by the Provider.
- Placing a banner on a webpage that is not owned or legitimately used by the Affiliate.
- Placing a banner in a pop-up window on a special webpage activated at the same time as the Affiliate's webpage.
- Sending bulk unsolicited information about a webpage or an advertisement concerning the Provider (so-called spamming), in particular by using media such as email, discussion groups, chat, instant messenger, etc.
- Simulating the appearance of the Provider‘s webpage in order to give the impression that it concerns a service provided by the Provider. In case of withdrawal from the Agreement, the Agreement shall expire at the moment of receiving the withdrawal electronically in the Affiliate's user account or at the moment of its delivery to the Provider.
In the event that any of the reasons for the Provider‘s withdrawal from the Agreement arise, the Affiliate shall cease to be entitled to any Commission.
The expiry of the Agreement does not invalidate the right to compensation for damage, nor the provision relating to these rights and obligations, the nature of which implies that they shall continue to exist after termination of the Agreement.
The Affiliate undertakes to remove all advertising spaces from their webpage within 3 days of the termination of the Agreement.
If the Agreement expires by termination or by mutual agreement, the Affiliate shall, no later than 7 days after the expiry of the Agreement, send the Provider an invoice for the Commission to which the Affiliate is entitled to as to the date of expiry of the Agreement. Otherwise, the right to the Commission ceases to exist.
7. Final provisions
The Provider reserves the right to unilaterally change these Rules.
In the event that any provisions of the Rules are invalid or ineffective for any reason, it does not nullify or invalidate other parts of the Rules.
These Rules enter into force and take effect on June 11th, 2019.
These Rules repeal and replace in its entirety the Affiliate Program Rules from July 15th 2011.