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”).
These Terms and Conditions on Cooperation and Commission System (hereinafter the “Terms and Conditions”) govern the rights and obligations:
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.
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.
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.
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.
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.
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.
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:
The termination of the Cooperation Agreement does not affect any claims for damages.
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.
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.
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.
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.