Affiliate Program Terms and Conditions ("Conditions") - Contractual relationship
By completing the registration form, clicking on the "Sign up" button and ticking off the box to express your knowledge of and agreement with the Terms and Conditions of the affiliate program the registering Partner (the "Partner") agrees to these Terms and Conditions and issues a request for conclusion of the Contract with the company Squared s.r.o., IN: 05095344, registered address Dlouhá 705/16, 110 00 Prague 1, registered in Commercial Register kept by the Municipal court in Prague, section C, File 257898 ( "Squared") for participation in its affiliate program.
Upon approval by Squared the Partner receives the respective confirmation in electronic form which gives rise to the contractual relationship between the Partner and the company Squared.
An indispensable prerequisite for participation of the Partner in the Squared Affiliate Program under the conditions stated below is Partner's explicit agreement with the General Terms and Conditions and other rules regulating the use of the affiliate program instruments.
I. General provisions
- The company Squared operates the technology ("Technology") aimed to support sales and marketing activities consisting primarily in promotion of the offer of goods sold via online shops operated by Squared ( "e-shops").
- The Partner shall operate the Technology on his or her website ("Website"). Upon fulfilment of the conditions specified below, the Partner becomes entitled to the remuneration for his or her activities, the amount of which will be calculated in accordance with the procedure referred to in Article III.
- Only the Partner who holds all the necessary licenses for such activities, in particular, the relevant entrepreneur license, can participate in the program. With those individuals who are not engaged in entrepreneurial activities a cooperation agreement will be concluded at the first payment of remuneration. To conclude such an agreement prior to the first remuneration payment it is necessary to send Squared a copy of a valid ID card (by post or by e-mail) to be used for a the agreement draft preparation. This agreement is concluded upon each payment of commission; that is in the moment when a partner requests the settlement of the accumulated commission. Such cooperation agreement for "non-entrepreneurs" does not ultimately affect the tax returns obligations: earnings in the form of commissions are considered to be random form of income and therefore any person over 15 years old with a valid personal ID card can participate in the affiliate program.
- The Partner declares that all information provided by him or her in the online registration form is true and complete.
II. Conditions of cooperation
- The Partner has the possibility to place a link to E-shop on his or her website (the "Link"). The exact location and form of the Link is subject to approval by Squared.
- The Links should not be placed on pages with content in contradiction to the laws of the Czech Republic, on pages with pornographic content or websites with content that could otherwise damage the reputation of the company Squared. The content of the site must not violate the rights of third parties. Squared Company reserves the right to monitor the content of the sites and the Link location on the websites of the Partners.
- The Partner must not replicate or copy the layout of the main web page and any subpage of the company Squared or otherwise give the visitor the impression that the site is owned and operated wholly or in part by Squared. Company logo and additional promotional materials that are related to the company Squared may be used only upon prior written consent of the company Squared. The Partner may not use the company name Squared otherwise than in connection with the operation of the Link on the website.
- The Partner shall not use the Link in connection to any automatic access websites opening without the visitor's action, e.g. autohit systems, loading of the server contents of any of the E-shops to a pop-up and/or pop-under window, loading of such a server contents to the iframe, etc. Clicking on the Link must be done based upon a free will decision (conscious volition) of the visitor of Partner's website, and not as a result of erroneous action or the result of an unreturnable process.
- The Links should not be placed on the websites without any content and webpages created for the sole purpose of ads display, regardless whether the content of online shops operated by Squared is relevant or not in that context.
- The Partner shall not send any unsolicited mail (spam) or use any other prohibited form of promotion.
- The company Squared is not responsible for broken Links or/and damaged Technology and at the same time it does not guarantee any minimum number of clicks to the Link, the period of their realization, or the amount of remuneration pursuant to Article III below gained by the Partner based on the Terms and Conditions. Squared is not liable for any damage arising out of malfunction of the Technology or the Link. The Company is not liable for damage caused by inaction or actions of third parties. The Partner carries the responsibility for the website content.
- The Partner is not entitled to modify, rent, loan, sell or transfer any part of the Technology or of the Link to a third party, nor to create derivative works or products on their basis.
- The Company Squared has the right at any time to change the content and form of the Link, restrict or suspend its display on the Partner's website.
- The Partner shall not bid or otherwise advertise in advertising systems for keywords containing "Squared", "Squared.one", "Vyvolej.to" or "Vyvolejto".
- The remuneration will be provided to the Partner based on the Terms and Conditions and other rules of the affiliate program tools usage under the conditions set out below, for each visitor coming to the E-shop pages and making a purchase, paying for purchased goods provided the customer does not withdraw from the Agreement of Purchase concluded with Squared within the statutory return period, or the extended return period according to the trade rules of the company Squared.
- In the event that a visitor after clicking on the Link located at the website of the Partner within 30 days of such action purchases any goods in the e-shop, duly pays the price of the goods and does not return the goods within the statutory return period following their receipt, or within the period agreed between Squared and the Customer ( the "Purchase"), the Partner in such a case is entitled to remuneration in the amount determined by the purchase price excluding VAT (the "Remuneration").
- The Remuneration for all kinds of goods is 10% of the price of goods without VAT.
- The Partner is not entitled for remuneration for any additional services (e.g. transport).
- The duration of the cookie validity, i.e. the time span between the click on the link located at the Partner's website and the purchase of the goods in the E-shop, which entitles the Partner to the claim of remuneration, may be extended or reduced by Squared in accordance to the way the Partner makes use of the Technology.
- The Remuneration pursuant to Article III will always be paid only to the Partner from whose website the customer's latest access to the E-shop prior to the purchase of the goods was made. The right for remuneration claim is not affected by other accesses of this customer to the E-shop webpage which were not made via the Link at the Partner's website.
- The claim for Remuneration and its settlement takes place only under the condition that the total amount of remuneration reaches at least CZK 100, if the account is kept in Czech crowns, or otherwise the minimal pay out limit set out by the Partner at his or her account. Payments take place under the conditions and in the way specified in General Terms and Conditions and other rules of use of the affiliate program instruments. The company Squared reserves the right to make amendments to these transactions / purchases within 30 days from the date of each transaction / purchase, removing void transactions. The transaction is considered void if the transaction is not eligible to be paid for the following reasons: (i) returning the product within the statutory return period, or the extended return period determined by Squared or stated at the Squared webpage, (ii) duplicate order or other error in the order process preventing its implementation, (iii) non-compliance with affiliate program conditions, (iv) related to the sale, non-acceptance of payment from the visitor or return of the payment to the visitor by Squared, (v) non-acceptance of the goods ordered by the customer. Only after this 30 day period the Partner is entitled to remuneration payable in the next nearest payment period.
- For technical reasons and for the purpose of the Remuneration recognition, it is essential that the visitors of the Partner's site have cookies enabled on their computer.
- The Partner is entitled to the Remuneration related to the purchase, which was completed during the contract validity period, provided the conditions of Article III are fulfilled.
- The Partner is obliged to tax the Remuneration according to the Law on Income Tax as well as comply with the other provisions of the Act in respect of income arising out of the Remuneration.
- If the Partner violates the provisions of Article I, paragraph 3, the right to Remuneration expires. The company Squared may set off yet unpaid Remuneration amounts against any claims due from to the Partner.
- The amount of Remuneration shall be determined solely on the basis of data kept by Squared, no other ways of determination or calculation of the amount of remuneration will be applicable.
IV. Technical services
- Technical services related to the operation of the Technology and the Links are provided by the company Squared. The Partner is obliged to provide all relevant assistance and cooperation to Squared in connection with the technical service related to the Technology or the Link.
- Having become part of the affiliate program the Partner acquires the access to reports and affiliate links in his or her user profile.
- The Partners shall maintain the website in his operation with the Link on it in fully functional condition.
V. Personal data
- Partner's personal data used in the Contract and in the framework of the registration system operated by the Technology, provided by the Partner to Squared are processed by Squared in accordance with the Act No 101/2000 Coll., On personal data protection. Provided data will be processed to fulfil the purpose of the Contact. The Partner hereby also agrees that his personal data provided to the company Squared will be used for marketing purposes of the company Squared, for sending of the newsletter in the framework of the affiliate program of Squared and with the purpose to inform the Partner of the events which can be used for promotion purposes.
- The Partner agrees that the company Squared can use his or her name (or company name) and logo in presentations, marketing materials, customer lists and customer lists on the website.
- By way of accepting the present Terms and Conditions the Partner also provides consent to the processing of his or her personal data provided upon registration. The personal data may be disclosed only to employees of Squared. If such personal data is provided to a third party, this is done only in the framework of cooperation related to activities of Squared aimed to improve its services as well as for business and marketing purposes, and this third party will not be entitled to transfer data to another person.
VI. Duration and termination of the Contract
- This Contract is concluded for an indefinite period.
- This Contract can be terminated by agreement, notice, or by way of immediate termination by the Company Squared under Article VI, paragraph 3. It is also possible to withdraw from the Contract under the conditions specified below. Notice of termination of the Contract can be delivered electronically.
- In the event of serious misconduct or repeated minor breaches of the obligations under these Conditions by the Partner or in the event of Technology misuse, the company Squared has the right to withdraw from the Contract with immediate effect.
- Both parties may terminate the Contract without any reason with a notice period of 7 days commencing on the date on which the notice was delivered to the other Party.
VII. Final provisions
- This Contract and the Terms and Conditions contained therein supersede all prior agreements and conditions agreed between the Partner and the company Squared regarding any cooperation in the framework of the affiliate program of the company Squared; all prior agreements and provisions between Squared and the Partner related to participation in the affiliate program is hereby cancelled.
- The company Squared reserves the right to change these Terms and Conditions, with all changes notified electronically at least 7 days in advance. The Partner is obliged to regularly check whether there is an updated version of the Terms and Conditions available. If the Partner wishes to continue to participate in the affiliate program of Squared, the Partner is obliged to accept the new Terms and Conditions. If the Partner does not accept the actualized Terms and Conditions, he or she shall immediately inform Squared about the termination of his or her participation in the affiliate program in electronic form.
- Any dispute arising out of the Terms and Conditions or in connection with them shall be finally settled in arbitration at the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic in Prague according to the Order and the rules of the arbitration tribunal.
- These Conditions come into force on 26. 8. 2016.