Regulations of the Affiliation Program
1. GENERAL PROVISIONS
These regulations of the AutoISO Partnership Program (hereinafter referred to as the „Regulations”) specify the terms of cooperation between Autoiso sp. z o.o. with headquarters at. Gnieźnieńska 12 Str., Katowice 40-142, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Katowice-Wschód in Katowice, VIII Commercial Department of the National Court Register, under number 0000840558, NIP: PL6342976575, REGON: 386039655, having share capital of PLN 8.0000 (hereinafter referred to as the „Organizer”), as the owner of AutoISO websites in the following domains: www.autobaza.pl, www.automo.pl, www.automoli.com (hereinafter collectively referred to as the „Website” „), And the entities that will promote the Website and acquire new customers for services provided through the Website under the conditions set out in the Regulations (hereinafter referred to as” Partners „).
2. OBTAINING THE PARTNER STATUS AND CONCLUDING THE CONTRACT
2.1. Only the following can apply for the status of Partner:
2.1.1. Individuals having permanent residence in the territory of the Republic of Poland and being its residents within the meaning of tax regulations, who are over 18 years of age and are not consumers within the meaning of the law;
2.1.2. entities other than Individuals having their registered office in the territory of the Republic of Poland or other countries, regardless of their legal form, provided that they can incur obligations on their own behalf; which in connection with their business activities are authorized to manage the content of a particular website with the possibility of placing links to the Website and advertising materials of the Website on it, which is not a page on a social networking site such as Facebook (hereinafter referred to as the „Website”) , in particular to entities being the owners of the Parties. These conditions should be met throughout the entire period of being a Partner.
2.2. The entity applying for the status of Partner should:
2.2.2. submit an application for obtaining such status by completing the form available on the Website. You must provide truthful information on the form.
2.3. An application for the status of a Partner is subject to consideration by the Organizer, who may ask the entity applying for the status of Partner to provide additional information or to provide specific documents.
2.4. Obtaining the status of a Partner takes place when the Organizer concludes a cooperation agreement with the entity applying for the status of a Partner (hereinafter referred to as the „Agreement”). The Regulations are part of the Agreement. The contract is concluded after submitting an application on the Website to obtain the status of a Website partner, once the Partner receives an e-mail from the Organizer with information about the granting of the status of the Partner and the Partner has made its panel available on the Website for the duration of the Agreement (hereinafter referred to as the „Panel”).
2.5. The Organizer may not conclude an Agreement with an entity applying for Partner status at its own discretion, without providing a reason for this decision.
2.6. In the event of a change of the Partner’s data provided in the application for obtaining the status of a Partner or registered in the Panel, the Partner is obliged to update the data registered in the Panel independently within 14 days of the change occurring, to the extent that his panel management rights will allow.
2.7. A partner can have only one Panel
3. PARTNER’S OBLIGATIONS
3.1. The Partner is obliged to comply with the provisions of the Regulations and applicable law.
3.2. The Partner is obliged to place links (hyperlinks) made available by the Organizer in the Panel, which after selecting (clicking) by the Website visitors will send back to the Website and to place advertising materials on the Website. Links to the Website and advertising materials should be placed on the Website in accordance with the instructions given by the Organizer or in a manner agreed with it.
3.3. The Organizer has the right to request to remove links to the Website or Website advertising materials from a specific Website.
3.4. The Partner has no right to change the materials provided to him by the Organizer without the prior consent of the Organizer.
3.5. The Partner is obliged to promote the Website and use links to the Website in a way that does not infringe the law, principles of social coexistence or decency.
3.6. Redirecting from the Website to the Website should be possible only as a result of voluntary and intentional action (i.e. clicking or making a different choice) of a person visiting the Website who does not act on behalf of the Partner. The partner may not:
3.6.1. use a link (hyperlink) activated automatically after entering or exiting the Website, unless the Website contains no content and serves only as a redirection to another Website;
3.6.2. use solutions that automatically open the Website in separate browser windows as a result of entering or exiting the Website (so-called popup, popunder, popexit);
3.6.3. place pages in the domain of the Website in click-harvester systems, exchange of traffic on websites in cases where the page added to such a system would be directly a page in that domain;
3.6.4. use materials downloaded directly from the Organizer’s server (hotlinking), unless the Organizer agrees to this extent;
3.6.5. make access to services offered on the Website conditional on selecting a link to the Website or clicking on an advertisement of the Website, and then making a purchase on the Website;
3.6.6. disseminate information about the Website in a way that has the characteristics of disseminating unsolicited commercial information, in particular persistently disseminate this information in bulk, in any way (e.g. by e-mail, letters or discussion groups, instant messengers, IRC, etc.), i.e. use the so-called spamming or otherwise violate the right to privacy of persons to whom the link to the Website is made available;
3.6.7. impersonate the Organizer or Website owner on the Website or any other place;
3.6.8. use the Organiser’s ads and its services or products in the Google Ads system using keywords used for these services or products.
3.7. The organizer has the right to suspend performance of the Agreement for up to 3 months without giving a reason.
4. LIMITATION OF THE ORGANIZER’S LIABILITY
4.1. The Organizer will make every effort to ensure that the Website functions properly and stably, however, the Organizer is not responsible for:
4.1.1. Website dysfunction caused by force majeure or other events beyond the control of the Organizer;
4.1.2. no possibility to save a cookie file of a person redirected from the Website to the Website.
4.2. The organizer is only liable for actual damages caused intentionally.
5. 5. PARTNER’S REMUNERATION
5.1. The Partner is entitled to remuneration for performing duties under the Agreement and Regulations (hereinafter referred to as „Remuneration”).
5.2. The amount of the Remuneration depends on the number of people redirected from the Website to the Website who purchased services or products on the Website, which will be determined as follows:
5.2.1. as a result of the first entry to the Website of a given person redirected from the Website, a cookie file is saved in that person’s IT system that allows the Website’s customer and his visits to the Website to be identified as the result of the first redirection from the specified Website of the specified Partner;
5.2.2. if the customer of the Website in whose IT system has already been saved a ‘cookie’ identifying a specific Partner, is redirected to the Website from another Partner’s site in the future, then the existing ‘cookie’ identifying the Partner from which the site was redirected earlier will be replaced (‘overwritten’) A new ‘cookie’ identifying the Partner from which the Website was redirected, since only one ‘cookie’ identifying the Partner may be saved in one IT system – since then the Partner whose cookie has been replaced by another similar file identifying another Partner will not be entitled to Remuneration
5.2.3. The Partner is automatically remunerated when, at the time of placing the order on the Website, a cookie file of that Partner is saved in the IT system of the given customer of the Website;
5.2.4. the cookie validity period is, in principle, 3 months, but it may change, about which Partners will be notified by e-mail. The current validity is visible in the Panel;
5.2.5. rates of Remuneration for the purchase of services or products on the Website by a person who has been redirected to the Website from the Website, are made available to the Partner at the time of submitting the application for the status of Partner, and then their current amount is visible in the Panel;
5.2.6. The organizer has the right to change the rates of Remuneration by sending the content of new amounts of these rates to the Partner’s e-mail address or posting information about these changes in the Panel.
5.3. The Partner may request the payment of the Remuneration, if all of the following conditions are met:
5.3.1 The total amount of unpaid Remuneration based on the settlement available in the Panel will be equal to or higher than 100 PLN gross;
5.3.2 Remuneration may be demanded no more than once per calendar month;
5.3.3 Only the Remuneration charged for a period of no more than 360 days can be paid back from the date of the payment request (issuing the VAT invoice by the Partner and delivering it to the Organizer) – in connection with this the calculation of Remuneration registered in the Panel for which the Partner did not issue the Organizer VAT invoices within 360 days of registering these calculations in the Panel will be removed from the Panel as expired.
5.4. The remuneration is paid on the basis of an electronic VAT invoice delivered to the Organizer by the Partner via e-mail and submitting a payment request in the Panel. The VAT invoice should be for the amount resulting from the settlement available in the Panel.
5.5. When delivering a VAT invoice to the Organizer, the Partner should provide the contact details of the person responsible for collecting payments.
5.6. The VAT invoice payment deadline should not be less than 30 days. The payment is made by bank transfer.
5.7. The remuneration will be settled only in PLN, except for the domain www.autobaza.pl, www.automo.pl, www.automoli.com on the Website, where the Remuneration will be settled in EUR. If the basis for calculating the Remuneration is expressed in a currency other than PLN, it will be converted into PLN at the average exchange rate announced by the National Bank of Poland, applicable for the day of settlement. If the basis for calculating the Remuneration in the domain www.autobaza.pl, www.automo.pl, www.automoli.com is expressed in a currency other than EUR, it will be converted into EUR at the average exchange rate announced by the ECB, applicable for the day of settlement. The amounts given in PLN in these Regulations for the domain www.autobaza.pl, www.automo.pl, www.automoli.com will be converted into EUR at the average exchange rate announced by the National Bank of Poland, applicable for the day of settlement.
5.8. The remuneration subject to payment will be reduced by the amounts due which the Organizer is obliged to pay to specific entities on the basis of legal provisions.
5.9. The Organizer has the right to suspend the payment of the Remuneration in case of doubts as to the veracity of the documents sent by the Partner or in the event of other irregularities, until they are finally clarified with the Partner, which does not entitle the Partner to charge statutory interest for late payment. The Organizer may then call on the Partner to remove the irregularities within a specified period under pain of terminating the Agreement and losing the right to Remuneration.
5.10. Remuneration is not due if the Organizer terminates the Agreement for reasons attributable to the Partner or if the data constituting the basis for calculating this Remuneration arose as a result of a breach of the Regulations or the Agreement by the Partner.
5.11. In the event of termination of the Agreement, the Partner may request payment of the unpaid Remuneration. However, if this amount at the date of termination of the Agreement is lower than 50 PLN gross, it will not be paid, but will be used to cover the costs of providing the Panel Partner and closing this access.
6.1. The Organizer grants the Partner a non-exclusive and free license without the right to grant sub-licenses for the use of trade names, trademarks, service marks, logos, domain names and other distinctive features of the Organizer’s brands, to the extent limited only to the use by the Partner of the Organiser’s advertising materials provided in the Panel for the purposes specified in the Regulations.
6.2. The license covers the following fields of use: in the field of recording and reproduction of advertising materials – reproduction of materials by digital technique, and in the field of dissemination of the work – public display, reproduction or sharing of materials in such a way that everyone can have access to them at a place and time of their choice.
6.3. The license is granted for the duration of the Agreement and may be terminated at any time by the Organizer with immediate effect.
7. PERSONAL DATA
The Partner may not transfer the rights arising from the Agreement to other entities without the consent of the Organizer.
9. CHANGES TO THE REGULATIONS
9.1. The organizer may change the Regulations.
9.2. The Partners will be informed about the changes immediately after they are published on the Website and included in the Regulations contained therein.
9.3. Lack of termination of the Agreement immediately after the introduction of amendments to the Regulations means their acceptance by the Partner.
10. ENDING OF COOPERATION
10.1. The Organizer is entitled to terminate the Agreement with immediate effect at any time and without giving a reason, in particular in the event of a breach of the Regulations by the Partner. Termination of the Agreement may be made by notifying the Partner to the e-mail address provided by him in the Panel or by permanently depriving the Partner of access to the Panel.
10.2. The Partner is entitled to terminate the Agreement with immediate effect at any time and without giving any reason. Termination of the Agreement may be made by notifying the Organizer to his e-mail address.
10.3. The contract expires on the day the Organizer closes the Website.
10.4. In the event of termination or expiration of the Agreement, the Partner is obliged to immediately remove from the Site all links to the Website or Website advertising materials, on pain of losing the right to demand unpaid Remuneration.
Communication between the Organizer and the Partner under the Agreement will, as a rule, take place via e-mail and the Panel, unless otherwise agreed.
12. APPLICABLE LAW AND JURISDICTION
12.1. The regulations are subject to Polish law.
12.2. All disputes arising in connection with the Regulations will be subject to the exclusive jurisdiction of Polish courts.
12.3. The competent court to settle such disputes will be the court competent for the seat of the Organizer.