Terms and Conditions on Cooperation and Commission System
1. Introductory provisions
1.1 Provider of the Commission System
The provider of the commission system related to the data platform placed on the website SpiritRadar.com (hereinafter as the “Service”) is a company SpiritRadar s.r.o., having its registered office at Chelčického 95/15, České Budějovice, Postal Code 370 01, Czech Republic, Identification No. 09823522, registered in the Commercial Register maintained by the Regional Court in České Budějovice under File No. C 30604 (hereinafter as the “Provider”).
1.2 Terms and Conditions on Cooperation and Commission System
These Terms and Conditions on Cooperation and Commission System (hereinafter the “Terms and Conditions”) govern the rights and obligations:
- arising in connection with the cooperation agreement concluded with the Provider, and
- incurred in connection with participation in the Provider's commission system.
By registering in the commission system, the Partner expressly confirms acknowledgment and acceptance of these Terms and Conditions and agrees to be bound by them.
The commission system is operated via the AffilBox application provided by a company SupportBox s.r.o., having its registered office at Brozany 136, 533 52 Staré Hradiště, Czech Republic, Identification No. 27480381, registered in the Commercial Register maintained by the District Court in Hradec Králové under File No. C 21481.
1.3 Definition of Terms
- The Cooperation Agreement is every agreement concluded in accordance with these Terms and Conditions between the Provider and the Partner, and the purpose of which is to promote the Service. The Cooperation Agreement is concluded by the Partner accepting the conditions of cooperation proposed by the Provider and these Terms and Conditions by registering into the commission system (pressing the confirmation button). The Cooperation Agreement is not a contract of mandate or an agency agreement.
- The Campaign determines the scope of marketing and other activities, which the Provider defines in more detail in the commission system and offers it to the Partner for promotion. Generally the Campaign means in particular which goods, services or websites of the Provider are to be promoted through the commission system.
- The Conversion is an action of the Visitor, which is the goal of the Campaign. The Conversion means proper payment of a chosen membership fee by a registered user of the Service. The approved Conversion is a Conversion in which the User pays the chosen membership fee within the Service properly and in full.
- The methods of promotion are marketing and other similar activities of the Partner, by which the Partner promotes the Service. Promotion methods include in particular:
- placement of advertising content (especially banners and hyperlinks) on the Partner's website;
- reference to the Service through blogs, discussion forums or articles (provided that the rules of blogs or discussion forums allow this activity);
- sending e-mails informing about the Service to persons who have given their appropriate consent to this form of marketing in accordance with legal regulations;
- a reference to the Service via social networks.
- The Visitor is a person who visits the Provider's website on the basis of activities developed by the Partner within the permitted methods of promotion.
- The Partner 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 a concluded Cooperation Agreement.
- The Commission Link means a unique link assigned to a Partner within the commission system. The Partner is entitled to a Commission only if his Commission Link was used when the approved Conversion was carried out.
- The Commission Account is the Partner's account maintained by the Provider in the AffilBox internet application within the administration of the commission system, to which the Partner has online access. The Commission Account records data concerning in particular the number of Visitors, number of registered Users and their membership fees (payment tariffs).
- The Provider's website means any and all Provider's websites located under domain SpiritRadar.com.
- The User is a person who has registered as a user within the Service and properly and in full paid the chosen membership fee.
2. Participation in the Commission System
Participation in the commission system of the Provider arises from the registration of the Partner in the commission system operated via the AffilBox.
Within the commission system, the Partner promotes the Service on the basis of concluded Cooperation Agreement using promotion methods.
The Partner is fully liable for all damages caused by its actions in violation of the Cooperation Agreement, these Terms and Conditions and/or the applicable laws to the Provider, User of the Service and Provider's website or third parties.
The Partner is responsible to the Provider for the accuracy and completeness of the data provided during registration in the commission system. In the event of changes in the above data, the Partner is obliged to inform the Provider of this fact without delay. The Provider is not liable for damages incurred by the Partner due to failure to notify changes in the data.
3. Rights and obligations of the Partner
- The Partner is obliged to ensure that its activities do not damage or endanger the good name and reputation of the Provider or the Service provided by the Provider.
- The Partner may not promote the Service on websites whose content may in any way violate the laws or good manners. In particular, these are websites with pornographic and illegal content and websites that infringe intellectual property rights or websites that promote these activities.
- The Partner is obliged to maintain and modify used methods of promotion and any other content related to the Service to always keep them up to date with accurate information.
- On request of the Provider, the Partner undertakes to always and promptly (no later than 3 business days following the request of the Provider) cooperate in incorporating changes, alterations or modifications on the methods of promotion or any other content related to the Service that could lead to a confusing or very similar element on the Provider's website.
- When promoting the Service, the Partner is entitled to send by electronic means only commercial messages, the content of which has been approved by the Provider. It must always be clear from the content of the commercial communication that it is made by a person different from the Provider.
- When promoting the Service or in its direct connection, the Partner may not send unsolicited mail (spam) or use any other prohibited or illegal form of promotion, both by himself or through a third party.
- The Partner or any affiliate persons of the Partner or persons acting in agreement with the Partner may not order the Service via the Partner's own Commission Link. If they do so, the Partner's right to commission on the Conversions thus obtained expires. If the Partner or any affiliate persons of the Partner or persons acting in agreement with the Partner has caused damage to the Provider, the Partner is obliged to compensate the Provider for this damage in full.
- The Partner is obliged to protect his access data to his Commission Account from misuse by a third party. The Provider is not liable for any damage caused to the Partner by such misuse.
- The Partner may not change the HTML codes, graphics or content of advertising space (such as banners) provided by the Provider for use in the Campaign in any way without the prior consent of the Provider.
- The Partner is obliged to ensure that, within the methods of promotion chosen by him, there is no unfair increase in the number of impressions of the Provider's advertising space through programs, scripts, reloading of advertising banners or other means. It is forbidden to use any automatic linking to the Provider's website without the Visitor's action, such as autohits systems, loading pages into pop-up and pop-under windows or into an iframe, etc.
- The Partner undertakes not to promote the Service by sending messages (e-mail, SMS, on discussion forums), which 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 also loses the right to any and all commissions that have not yet been paid to him.
- The Service may be promoted directly through Facebook Ads campaigns, Google Ads campaigns or other display campaign platforms, whereas the Partner shall always comply with the specific rules of such platforms (e.g. advertising of alcohol to people under age of 18 is not allowed by the rules of Facebook – for more information visit https://www.facebook.com/policies/ads). Partner is prohibited to advertise in Search campaigns on any platform using our brand keywords.
- The Service may not be promoted using discount coupons and / or on websites focused on discount coupons.
- The Partner undertakes not to use any domain name or websites with same or similar-sounding name as the Provider’s website or use it in any way that could confuse the customer in recognizing the business name of the Partner and the Provider.
- The Partner is entitled to use for the promotion of the Service any textual and pictorial materials which are the result of the Provider's creative activity or for which the Provider has a valid license, including any references of customers published on the Provider’s website, only with the prior consent of the Provider, subject to materials provided or made available to the Partner by the Provider for the purpose of the Campaign.
- The Partner is not entitled to use any content related to the Service other than for the purpose of the Campaign.
- Banners, texts and other content related to the Service and the Commission System, including the software of the web interface and the Commission System, are protected by the copyright of the Provider and may be protected by other rights of third parties. Any content may not be altered, copied, reproduced, distributed or used by the Partner or any third party for any purpose without the prior written consent of the Provider or another copyright holder. The Partner may not make or use any static copies of the content or any part of the Provider's website.
- The Partner also may not copy, collect, resell, use or otherwise derivatively use any product listings, descriptions, graphs, prices or other content of the Service in any way, without prior consent of the Provider.
- Advertising may not be placed by the Partner on sites without content and on sites created primarily for the purpose of displaying advertising messages.
- In the period of ongoing cooperation on the basis of these Terms and Conditions (and continuing subsequently on the basis of the Provider's trademarks and data), the Partner is obliged to cooperate immediately (no later than 5 business days) on any request of the Provider.
For each breach of any of the Partner's obligations specified in this Article 3, a contractual penalty is agreed in the amount of € 500 for each breach. The Partner is obliged to pay a contractual penalty for breach no later than 10 days following the request of the Provider. The payment of the contractual penalty does not affect the Provider's right to compensation for damage caused by breach of the Partner's obligation.
4. Rights and obligations of the Provider
The Provider undertakes to regularly approve the Partner's Conversions as part of the commission approval. The Partner will be notified of the approval of the Conversions via his Commission Account.
The Provider is not liable for any damage caused by the promotion of programs involved in the commission system.
The Provider undertakes to pay the Partner a commission in accordance with Clause 5 of these Terms and Conditions for the Conversions approved by the Provider.
The Provider is entitled to request for approval promotional e-mails and other texts and information that the Partner wants to use in the Campaign.
The amount of the commission for the Conversions is stated in the commission system.
The commission will be approved by the Provider on a regular basis in any case at least once a month. Conversion approval can be done manually or automatically. The Partner will be informed about the approval of the commission via his Commission Account.
Commissions will be approved only for those Conversions where the Visitor has registered as a user within the Service and properly and in full paid the chosen membership fee.
5.1 Payment of commission
The Partner is entitled to the payment of a commission if the sum of the approved commissions in his Commission Account is higher than 50 EUR.
If the balance of the commission on the Partner's Commission Account exceeds the amount stated above, the Partner has the option to request the payment of a commission through his commission account. Based on the Partner's request, a report will be sent to the Partner, in which the final amount that the Partner can invoice will be stated. If the Partner is unable to issue an invoice, his commission will be paid to him on the basis of an agreement on the performance of work.
The maturity of the invoice issued by the Partner may not be less than 14 days from its delivery to the Provider. If the invoice states a shorter due date, the invoice is due 14 days from delivery.
The amount of the total commission required by the Partner for payment must correspond to the data stated in the Commission Account as of the date on which the Partner requests its payment. The Provider is entitled to review the Partner's request and the accuracy of the stated data. In the case of any discrepancies, the Provider will notify the Partner of its findings, and the parties undertake to provide each other with the cooperation necessary to resolve this matter. During the resolution of such a matter, deadlines are set for the payment of commissions.
The Partner is obliged to provide the Provider with all data necessary to make the payment (especially account number). Commissions will not be paid in cash, by bank slip or in any other way, unless otherwise agreed between the Partner and the Provider in a specific case.
5.2 Partner's objections
In case of doubts, especially about the correctness of the records of mediated Conversions or approved commissions, the Partner has the opportunity to file his objections with the Provider. In such a case, the Partner is obliged to submit all available data and records related to the objections.
The Partner has the right to raise his objections within 30 days from the date of occurrence of the fact that is the reason for the objection. The Provider is not obliged to respond to later objections.
Objections must be sent by the Partner to the Provider in written form, which also means an e-mail message sent to the Provider's contact e-mail. Only an objection that is duly delivered to the Provider, legible and contains all information and documents that are necessary for the full assessment of the objection by the Provider shall be considered a properly applied objection.
The assessment and decision on the submitted objections is fully within the competence of the Provider. Objections are usually handled by the Provider within 30 days from the date of their delivery to the Provider. The Provider's decision is then notified to the Partner.
6. Duration of the Cooperation Agreement and its termination
Unless agreed otherwise by the Provider and the Partner in a specific case, the Cooperation Agreement is concluded for an indefinite period of time.
The Cooperation Agreement may be terminated:
- by agreement between the Provider and the Partner;
- termination made by the Provider or Partner. The notice must be given in written form 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. The Partner is entitled to request the payment of commissions to which he became entitled up to the date of termination of the Cooperation Agreement.
- Withdrawal from the Cooperation Agreement by the Provider. The Provider is entitled to withdraw from the Cooperation Agreement if the Partner is acting in violation of these Terms and Conditions, applicable laws or good manners. Notice of withdrawal must be made in written form or by e-mail and delivered to the Partner stating the reason for withdrawal. The Cooperation Agreement then expires on the day of delivery of the notice of withdrawal to the Partner. Withdrawal from the Cooperation Agreement by the Provider terminates the Partner's right to unpaid commissions. If the Provider has caused damage by violating these Terms and Conditions or legal regulations, the Partner is obliged to compensate it in full (the amount of damage is not reduced by unpaid commissions).
The termination of the Cooperation Agreement does not affect any claims for damages.
7. Protection of personal data
The Provider declares that the Partner's data will be protected in accordance with the applicable laws of the Czech Republic. The Partner's rights to information on the processing of personal data, the right to request correction or other rights are governed by the valid wording of such laws.
By registering in the commission system, the Partner agrees to the sending of e-mail messages, which will be used to send news and information related to Campaigns in the commission system or with the Provider's scope of business. This consent can be revoked at any time.
When implementing Campaigns, especially when sending e-mail messages, the Partner undertakes to comply with all the applicable legal regulations.
In the case of a breach of legal regulations caused by the Partner during the implementation of the Campaigns, the Partner bears sole responsibility for this breach. In the event that the Provider is required to pay pecuniary performance in connection with such illegal activities of the Partner, the Provider is entitled to reimbursement of such performance from the Partner, including the costs of legal representation.
8. Final Provisions
The Provider’s failure to enforce any of the provisions set out herein, or failure to exercise any option to terminate, shall not be construed as waiver of any such provision and shall not affect the validity of the Terms and Conditions or of any part thereof, or the right thereafter to enforce each and every provision.
8.2 Change of Terms and Conditions
The Provider reserves a right to change the Terms and Conditions with immediate effect from time to time as it sees fit. The Provider shall notify Partners of an change of the Terms and Conditions at least 15 days before the effective date of the new version of the Terms and Conditions. The Partner is entitled to reject such change of the Terms and Conditions in writing in a letter sent to the Provider’s address or in the form of an email sent to the Provider’s email address. If a Partner does not reject a change of the Terms and Conditions, he will be regarded as having accepted the new version of the Terms and Conditions.
8.3 Governing laws
The relationship between the Provider and Users and the Terms and Conditions are governed by the laws of the Czech Republic. By registering within the commission system the Partner shall be deemed to have accepted these Terms and Conditions and in so doing he consents to the exclusive jurisdiction of the courts of the Czech Republic.
Should any provision of the Terms and Conditions be or become invalid, unenforceable or ineffective, such provision shall not in any manner affect or impair the validity, enforceability or effectiveness of any other provision hereof.
For the purposes of any communication with the Provider, Partners may use contact form or email email@example.com.
These Terms and Conditions are valid and effective from 1.11.2021.