Terms and Conditions - Affilbox
cooperation and commission system of the on-line server located at https://www.adrop.cz/
The provider of the commission system is:
Company: Adrop s.r.o.
Registered office: Vinohradská 2165/48, 12000 Praha 2
ID: 27312925
(DIC): CZ27312925
Tel: 730 596 100
E-mail: partneri@adrop.cz
(hereinafter referred to as "Provider")
- Introductory provisions
1.1 These terms and conditions govern the rights and obligations of the parties:
(a) arising in connection with the cooperation agreement concluded between the Partner and the Provider;
b) arising in connection with participation in the Provider's commission system.
1.2 By registering in the commission system, the Partner and the Provider express their consent to these Terms and Conditions and both parties undertake to be bound by these Terms and Conditions.
1.3 In matters not covered by these Terms and Conditions, the relationship between the Partner and the Provider shall be governed by applicable law, in particular Act No. 89/2012 Coll., the Civil Code.
1.4 The commission system is operated through the AffilBox application, which is provided by AffilBox s.r.o., Jahnova 8 Pardubice 530 02 ID: 28777000 TIN: CZ28777000.
- Definition of terms
2.1 Cooperation Agreement means any agreement concluded in accordance with these Terms and Conditions between the Provider and the Partner, the purpose of which is to promote the goods, services or activities of the Provider. The specific scope of the promotion, the amount of the commission, including information on the VAT charge on the commission and, if applicable, other details shall be published by the Provider on its web interface. The cooperation agreement is concluded electronically and is not provided in written form. The agreement is concluded by the Partner pressing the confirmation button in the commission system and accepting the terms of cooperation proposed by the Provider. The cooperation agreement is not a contract of commission or a contract of agency.
2.2 The campaign determines the scope of marketing and other activities, which the Provider defines in more detail in the commission system and offers to the Partner for promotion. The campaign means in particular which goods, services or websites of the Provider are to be promoted through the commission system. The detailed terms of the campaign or group of campaigns are described in the cooperation agreement.
2.3 Conversion is the action of the Visitor which is the goal of the campaign. Conversion means, in particular, the completion of the purchase of goods or order of the Provider's services. The conversion of a Visitor is the conversion of a customer of the Provider.
2.4 Promotional Methods are marketing and other similar activities of the Partner by which the Partner promotes the goods or services of the Provider. Promotional methods include, but are not limited to:
4.1.a) placement of advertising content (especially banners) on the Partner's website;
4.1.b) references to the Provider's goods or services through blogs, discussion forums or articles (provided that the rules of the blogs or discussion forums allow this activity);
4.1.c) sending emails informing about the Provider's goods or services to persons who have duly consented to this form of marketing in accordance with the law;
4.1.d) linking to the Provider's goods or services via social networks;
4.1.e) PPC campaigns.
2.5 A visitor is a person who visits the Provider's website on the basis of the activity developed by the Partner within the framework of permitted methods of promotion.
2.6 An Affiliate is a natural person over the age of eighteen or a legal entity that participates in the Provider's commission system on the basis of registration.
2.7 Commission link means a unique link assigned to the Partner within the commission system. The Affiliate is only entitled to a commission if his commission link has been used to make an approved conversion.
2.8 Commission account means the Partner's account maintained by the Provider in the AffilBox web application within the administration of the commission system to which the Partner has online access. The account records data relating in particular to the number of Visitors, orders and their status.
2.9 An approved conversion is a conversion in which the Customer has duly and fully paid the price of the goods or services.
2.10. Provider's website means the Provider's website located at https://www.adrop.cz/.
2.11. The Customer is the person who places a binding order for goods or services or other performance on the Provider's website.
- Participation in the commission system
3.1 Participation in the commission system is created by registration of the Partner in the commission system.
3.2 Within the framework of the commission system, the Partner promotes the services or goods of the Provider on the basis of the cooperation agreement by means of promotion methods.
3.3 The Partner shall be fully liable for any damages caused by his/her actions in violation of these Terms and Conditions and/or the law of the Czech Republic to the Provider, other users of the Provider's website or third parties.
3.4 The Partner shall be liable to the Provider for the accuracy and completeness of the data provided during registration. In the event of changes in the data provided, the Partner is obliged to inform the Provider of this fact without delay. The Provider shall not be liable for any damages incurred by the Partner due to failure to notify changes in the data.
- Rights and obligations of the Partner
4.1 The Partner is obliged to ensure that his/her activities do not damage or endanger the reputation of the Provider or the goods and services offered by the Provider.
4.2 The Partner shall not advertise the Provider's goods or services on websites whose content may in any way violate the laws of the Czech Republic or good morals. In particular, this includes websites with pornographic content and illegal content and websites through which intellectual property rights are violated or such activities are promoted.
4.3 The Partner or the Partner's family members or persons acting in concert with the Partner may not order the Provider's goods or services through the Partner's own commission link. If they do so, the Partner's entitlement to commission on conversions so obtained shall cease. If the Provider suffers any damage as a result of the aforementioned actions, the Partner is obliged to compensate the Provider in full for such damage.
4.4 The Partner is obliged to protect his access data to his commission account against misuse by a third party. The Provider shall not be liable for any damage incurred by the Partner as a result of such misuse.
4.5 The Partner is entitled to use for the promotion of the Provider all text and image materials that are the result of the Provider's creative activity or to which the Provider has a valid license, and which are provided by the Provider to the Partner for this purpose or made available in the commission system. Without the Provider's prior consent, the Partner is not entitled to use the provided materials other than for the purposes of the campaign.
4.6 The Partner may not modify in any way the HTML codes, graphic design or content of advertising spaces (e.g. banners) provided by the Provider for use in the Campaign without the Provider's prior consent.
4.7 The Partner is obliged to ensure that within the framework of its chosen methods of promotion there is no unfair increase in the number of displays of the Provider's advertising spaces through programs, scripts, reloading of advertising banners or other means.
4.8 The Partner undertakes not to advertise the Provider by sending messages (by e-mail, SMS, on discussion forums) that are qualified as SPAM. If the Provider detects such activity of the Partner, the Provider is entitled to withdraw from the cooperation agreement and close the Partner's commission account. In such a case, the Partner shall also lose the right to commissions that have not yet been paid.
4.9 It is not permitted to promote the Provider's goods or services using PPC campaigns in AdWords, Sklik or Facebook Ads. It is also not allowed to advertise on keywords containing adrop.
4.10. Banners, texts and other content placed in the AffilBox application interface and commission system, including the software of the web interface and commission system, are protected by copyright of the Provider or AffilBox s.r.o., and may be protected by other third party rights. The content may not be altered, copied, reproduced, distributed or used by any third party for any purpose by the Partner without the written consent of the Provider or other copyright holder. The right to use Protected Material in accordance with Section 4.5 of these Terms is not affected by this provision.
- Provider's rights and obligations
5.1 The Provider undertakes to approve the Partner's conversions on a regular basis as part of the approval of commissions. The Partner will be informed of the approval of the conversion via his commission account.
5.2 Cookies are used on customers' computers to obtain information about conversions. The validity of cookies is indicated by the Provider in the application interface. The Partner acknowledges and the Provider is not responsible for the fact that if the Customer disables the use of cookies by selecting them in the web browser or otherwise, the conversion cannot be associated with the Partner's commission link and that the Partner is not entitled to a commission for such conversion.
5.3 The Provider shall not be liable for any damage caused by the promotion of the programs involved in the commission system.
5.4 The Provider undertakes to pay the Partner a commission for approved conversions made by the Partner in accordance with Article 6 of these Terms and Conditions.
5.5 The Provider is entitled to request approval of promotional emails and other texts that the Partner wishes to use in the campaign.
5.6 The Provider is entitled to change or amend the wording of these Terms and Conditions at any time. The rights and obligations of the parties shall always be governed by the wording of the terms and conditions under which they came into effect. The Provider is obliged to notify the Partner of any changes to the Terms and Conditions via the contact e-mail address provided by the Partner during registration. The new version of the Terms and Conditions shall be effective against the Partner from the date of its notification.
- Commissions
6.1 The amount of the commission is specified in the commission system for each campaign separately.
6.2 Commissions will always be approved by the Provider immediately after the expiry of the period during which the legislation or the Provider's terms and conditions allow the consumer to withdraw from the contract. The approval of conversions is done manually. The Partner will be informed of the approval of the commission via his commission account.
6.3 Commissions will be approved for those conversions where the goods or services promoted in the campaign have been duly and fully paid for. At the same time, the Partner was the last source according to Google Analytics.
6.4 The Partner is not entitled to a commission for cancelled or cancelled orders or when the customer withdraws from the contract.
- Payment of commission
7.1 The Affiliate is entitled to a commission payment if the sum of the approved commissions in his commission account is higher than the amount indicated on the web interface of the commission system (i.e. agreed in the cooperation agreement).
7.2 If the commission balance in the Partner's commission account exceeds the amount stated above, the Partner has the option to request payment of the commission through his/her commission account. Upon the Partner's request, a report will be sent to the Partner indicating the resulting amount that the Partner can invoice. If the Partner cannot issue an invoice, his commission will be paid to him on the basis of a work performance agreement.
7.3 The due date of the invoice issued by the Partner shall not be less than 14 days from its delivery to the Provider. If the invoice specifies a shorter period of payment, the invoice shall be due 14 days after delivery.
7.4 The amount of the total commission requested by the Partner to be paid shall correspond to the data indicated in the commission account on the date on which the Partner requests payment. The Provider shall be entitled to review the Partner's request and the accuracy of the information provided. In the event of any discrepancies, the Provider shall notify the Partner of its findings and the parties undertake to provide each other with the necessary cooperation to resolve the matter. During the resolution of such matter, the time limits set for the payment of commissions shall be suspended.
7.5 Payment of commissions shall be made exclusively by bank transfer in CZK (Czech crowns) to the Partner's bank account held in a bank in the Czech Republic or Slovakia, whereby the Partner shall be obliged to provide the Provider with all the information necessary for the payment (in particular the account number). Commissions will not be paid in cash, by foreign bank transfer (except for transfer in Slovakian Czech crowns), by bank transfer or in any other way, unless otherwise agreed between the Partner and the Provider.
- Objections of the Partner
8.1 In case of doubts, in particular regarding the correctness of the records of the mediated conversions or the approved commissions, the Partner has the possibility to raise objections with the Provider. In this case, the Partner is obliged to submit all available data and records related to the objections.
8.2 The Partner shall have the right to object within 30 days from the date of the fact giving rise to the objection. The Provider is not obliged to respond to later objections.
8.3 Objections must be sent by the Partner to the Provider in writing, which shall also be understood as an e-mail message sent to the Provider's contact e-mail. Only an objection that is duly delivered to the Provider, is legible and contains all the information and supporting documents necessary for a full assessment of the objection by the Provider shall be considered a duly lodged objection.
8.4 The assessment and decision on the submitted objections is fully within the Provider's competence. Objections shall be handled by the Provider, as a rule, within 30 days from the date of their receipt by the Provider. The Provider's decision is then notified to the Partner.
- Duration and termination of the cooperation agreement
9.1 The Cooperation Agreement is concluded for the period specified in the Campaign Terms and Conditions or for an indefinite period.
9.2 The termination of the cooperation agreement may occur:
2.1.a) By agreement between the Provider and the Partner.
2.1.b) By termination by the Provider or the Partner. The termination must be made in writing or by e-mail and delivered to the other party, even without giving reasons. The Cooperation Agreement shall terminate on the date of delivery of the notice of termination to the other Party.
2.1.c) Withdrawal from the cooperation agreement by the Provider. The Provider shall be entitled to withdraw from the Agreement if it is proven that the Partner has acted contrary to these Terms and Conditions, legal regulations or good morals. The notice of withdrawal must be made in writing or by e-mail and delivered to the Partner stating the reason for withdrawal. The cooperation agreement shall then terminate on the date of delivery of the notice of withdrawal to the Partner. Upon withdrawal from the Cooperation Agreement by the Provider, the Partner shall cease to be entitled to any unpaid commissions. In the event that the Provider has incurred damages due to a breach of these Terms and Conditions or legal regulations, the Partner is obliged to compensate the Provider in full (the amount of damages is not reduced by unpaid commissions).
9.3 The termination of the cooperation agreement shall not affect any claims for damages.
9.4 In the event of termination of the cooperation agreement by agreement or termination, the Partner shall be entitled to claim payment of the commissions from the Provider to which it was entitled on the date of termination of the cooperation agreement. The commissions shall be paid to the Partner within 14 days from the date of receipt of the invoice.
- Protection of personal data
The Provider declares that the data will be protected in accordance with the relevant provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Please note that under the Regulation you have the right to:
- Request information from us about what personal data we process about you,
- request access to that data and have it updated or corrected, or request a restriction on processing,
- to portability and the right to a copy of your personal data,
- request that we erase such personal data - unless it is personal data that we are obliged or authorised to process further under the relevant legislation,
- lodge a complaint with the Data Protection Authority and the right to effective judicial protection if you believe that your rights under the Regulation have been infringed as a result of the processing of your personal data in breach of the Regulation.
10.1 In the event that a breach of the legislation referred to in the preceding Article 10.3 is committed by the Partner in the course of the implementation of the Campaigns, the Partner shall be solely responsible for such breach. In the event that the Provider is required to provide monetary compensation to the Partner in connection with such unlawful activity of the Partner, the Provider shall be entitled to reimbursement of such compensation, including legal costs, to the Partner.
10.2 Partners who have registered for the affiliate program agree to receive e-mail messages that will be used to send news and information related to the campaigns in the commission program or the Provider's business.
The Terms and Conditions as amended are valid from 15 October 2019.
