Terms and Conditions for cooperation and the Caflou affiliate program (hereinafter "affiliate program")

The Provider of the affiliate program is:

Petr Macek & Co. s.r.o.
Address: Rižská 1527/1, 102 00 Praha 10
Company ID: 04075081
VAT ID: CZ0407508
Contact: support@caflou.com, +420-775-242-956
Representative: Ing. Petr Macek (Director)
(hereinafter "Provider")

  1. Introduction
    1. These terms and conditions make provisions for the rights and obligations of contracting parties that:
      1. arise in connection with the cooperation agreement between the Partner and Provider;
      2. arise in connection with participation in the Provider's affiliate program.
    2. By registering with the affiliate program, the Partner and Provider express their consent to these Terms and Conditions and both parties agree to adhere to these Terms and Conditions.
    3. In issues not dealt with by these Terms and Conditions, the relationships between the Partner and Provider adhere to valid laws, namely Act no. 89/2012 Coll., and the Civil Code.
    4. The affiliate program is operated via the Caflou application, which is operated by Petr Macek & Co. s.r.o., Company ID 04075081
    5. The affiliate program has been operated since March 18, 2017; no claim may be made to commissions for payments made before this date
  2. DEFINITION OF TERMS
    1. A cooperation agreement is any agreement signed according to these Terms and Conditions between the Provider and Partner, the purpose of which is to promote the products, services, or activities of the Provider. On its website and/or in its affiliate program, the Provider will publish the specific extent of promotion, the amount of commission including information on the VAT burden, and other details. The cooperation agreement is signed electronically and is not provided in written form. The agreement is signed when the Partner accepts the terms of cooperation suggested by the Provider by ticking off his/her consent to the Terms and Conditions in the affiliate program. The cooperation agreement is neither a contract of mandate nor a contract on commercial representation.
    2. A campaign is primarily understood as the Provider's services, goods, or web pages that are to be promoted via the affiliate program. Detailed terms of the campaign or group of campaigns are described in the affiliate program or on the Provider's website.
    3. Conversion is an action done by the visitor and is the goal of the campaign. Conversion is primarily understood as the completion of an order of the Provider's services or goods. Via conversion, the visitor becomes a client of the Provider.
    4. Methods of promotion are the Partner's marketing and other similar activities via which the Partner promotes the goods or services of the Provider. Methods of promotion are primarily understood as the following:
      1. placing advertising content on the Partner's website;
      2. placing references to the Provider's services via blogs, discussion forums, or articles (under the assumption that the rules of the blog or discussion forums allow this activity);
      3. reference to the Provider's services or goods via social networks;
      4. PPC campaigns.
    5. The visitor is an individual who visits the Provider's website based on activity carried out by the Partner in terms of allowed promotion methods.
    6. The Partner is a natural person older than 18 years of age or a legal person that takes part in the Provider's affiliate program by carrying out registration.
    7. Click-through is understood as clicking on the advertising content of a Partner's website, which then activates a link to the Provider's website.
    8. An affiliate link is understood as a link assigned to the Partner in the affiliate program. The Partner has the right to gain a commission only in the case that his/her affiliate link was used to carry out the approved conversion.
    9. An affiliate account is the Partner's account operated by the Provider in the Caflou internet application in terms of administering the affiliate program, to which the Partner has online access. The account mainly contains data concerning the number of potential clients brought to Caflou, how many of those clients are paying clients, and the corresponding commissions gained from this. 
    10. Advertising content is understood as sales manuals, banners, icons, text links, and other similar content that serves to promote the Provider.
    11. Approved conversion is a conversion that takes place on the part of clients the moment they properly and fully pay the price of the services.
    12. The Provider's web site is the Provider's webpages, which are the goal of the campaign.  
    13. A client is an individual that commits to ordering a service, goods, or other performance on the Provider's website and pays for what has been ordered.
  3. PARTICIPATION IN THE AFFILIATE PROGRAM
    1. Participation in the affiliate program becomes valid upon the Partner's registration with the affiliate program.
    2. Under the affiliate program, the Partner promotes the services or goods of the Provider based on a cooperation agreement via methods of promotion. The Partner is fully responsible for all damages that are caused to the Provider, other users of the Provider's website, or third parties by any of the Partner's actions that do not comply with these terms and conditions and/or the laws of the Czech Republic
    3. The Partner agrees to the Provider that the data given during registration is accurate and complete. In the event of changes in this given information, the Partner is required to inform the Provider of this fact without delay. The Provider is not responsible for damages incurred to the Partner for failure to notify the Provider of changes made in this information.
  4. RIGHTS AND OBLIGATIONS OF THE PARTNER
    1. The Partner is obliged to ensure that, through its actions, it does not harm or endanger the good name and reputation of the Provider or the products and services offered by it.
    2. The Partner is not allowed to promote the goods or services of the Provider on the Partner's website if its content is in any way in violation of the laws of the Czech Republic or of good ethics. This primarily includes websites with pornographic or illegal content, websites that violate intellectual property rights, or websites that promote or support such activities.
    3. The Partner, family members of the Partner, or individuals acting in agreement with the Partner are not allowed to order the Provider's goods or services via the Partner's own affiliate link. If they do so, the Partner's claim to the commission from conversions gained in such a manner is cancelled. If damages are incurred to the Provider through such behavior, the Partner is required to compensate the Provider for this damage to the full extent.
    4. The Partner is required to protect the login information for its affiliate account from being abused by a third party. The Provider is not responsible for damages that are incurred to the Partner through such abuse.
    5. In order to promote the Provider, the Partner is required to use the advertising content that is the result of the Provider's creative activity or that is content for which the Provider has a valid license, and content that is provided or made accessible in the affiliate system to the Partner by the Provider for these purposes. Without the previous consent of the Provider, the Partner is not allowed to use advertising content for purposes other than those of the campaign.
    6. Without the previous consent of the Provider, the Partner may not change any HTML codes or the graphic structure or content of the advertising content.
    7. The Partner is required to ensure that, while using its selected promotion methods, no unethical increase in the number of displays of the Provider's advertising content is taking place via the use of programs, scripts, reloading ad banners, or by other means.
    8. The Partner agrees that it will not promote the Provider by sending messages (emails, SMS, discussion forums) that are qualified as SPAM. If such actions carried out by the Partner are detected by the Provider, the Provider is authorized to withdraw from the cooperation agreement and close the Partner’s affiliate account. In such a case, the Partner’s right to any unpaid commissions thus far is also revoked.  The Partner, via its website, is not allowed to list any other prices or services of goods than those listed on the Provider's website.
    9. Banners, text, and other advertising or other content placed and accessible in the Caflou application and affiliate program including the software of the website and affiliate program are protected by the Provider's copyright and can be protected by other rights of third parties. The Partner is not allowed to change, copy, reproduce, disseminate, or use any third party for any means without the written consent of the Provider or other copyright holder. The right to use protected material in accordance with 4.5 of these terms is not affected by this provision.
  5. RIGHTS AND OBLIGATIONS OF THE PROVIDER
    1. As regards approval of commissions, the Provider agrees to regularly approve the Partner's conversions. The Partner will be informed of the conversion approval via its affiliate account.
    2. In order to gain information on conversions, cookie files in the clients' computers are used. The validity of cookies is listed by the Provider in the application's interface; the longest possible validity is 180 days. In the event that the client denies the use of cookies in his/her browser or otherwise, the Partner bears in mind that the Provider is not responsible for attributing the conversion to the Partner's affiliate link and the Partner is not entitled to any commission for such a conversion. 
    3. The Provider is not responsible for any damages caused by promoting programs linked to the affiliate program.
    4. The Provider is required to pay the Partner a commission for the approved conversions it carries out in accordance with Article 6 of these terms and conditions.
    5. The Provider is authorized to demand promotional emails and other texts that the Partner plans to use in the campaign for approval by the Provider.
    6. The Provider is authorized to change or add to the wording of these terms and conditions at any time. The rights and obligations of parties will always be subject to the wording of the terms and conditions that were valid at the time these rights and obligations arose. The Provider is required to inform the Partner of changes in the terms and conditions via the Partner's contact email that it provides during registration. The new wording of the terms and conditions will become valid the moment the Partner is notified of it. In the event that the partner does not agree with the changes in the terms and conditions, it is required to withdraw from the cooperation agreement in accordance with Article 9 of these terms and conditions.
  6. COMMISSIONS
    1. The amount of provision given to the Partner is listed in the affiliate program for each accepted payment made by the Provider separately. The Provider reserves the right to change the amount of commission without prior notice. The current amount of commission is always listed on the web pages of the affiliate program.
    2. The condition for a right to commission is:
      1. that conversion is preceded by a click-through on the Partner's website or other promotional media (e.g. email), or
      2. The Partner declares the new conversion before it takes place via a contact email sent to the Provider.
    3. Commissions will be approved by the Provider always without delay after expiry of the time period during which the rules or terms and conditions of the Provider allow the consumer to withdraw from the contract. Approval of commissions takes place automatically. The Partner will be informed of the approved commission via the Partner's affiliate account.
    4. Commissions will be approved for those conversions whose price of service has been properly and fully paid for.
    5. The Partner is not entitled to a commission for cancelled or annulled orders or when the customer withdraws from the contract.
  7. Payment of commission
    1. The Partner is entitled to payment of commission if the sum of approved commissions in its affiliate account is higher than 500 CZK.
    2. If the balance of commission on the Partner's affiliate account exceeds the sum listed above, the Partner has the opportunity to request commission payment via its affiliate account. This payment of commission is carried out, at most, once each calendar month.
    3. The amount of total commission requested by the Partner to be paid out must correspond to the data listed in the affiliate account on the day that the Partner requests payment to take place. The Provider is authorized to review the Partner's request and the accuracy of the given data. In the event of any discrepancies, the Provider will notify the Partner of its findings, during which both parties agree to provide the necessary cooperation in solving this matter. For the duration of dealing with such a matter, the periods set for commission payment are suspended.
    4. Payment of commissions takes place exclusively via bank transfer to the bank account of the Partner; the Partner is obliged to inform the Provider of all data necessary to carry out payment (primarily the bank account number). Commissions will not be paid in cash, check, or by any other than the aforementioned means if an agreement between the Partner and Provider is not made otherwise.
    5. Together with the bank transfer, the Partner will receive a receipt to the email address listed in the affiliate program.
  8. objections of the partner
    1. In the event that the Partner namely doubts the accuracy of records of mediated conversions or approved commissions, the Partner has the right to raise an objection with the Provider. In such a case, the Partner is required to put forward all available data and records that are linked to the objection. The Partner has the right to raise its objections within 30 days, beginning upon the occurrence of the matter that is the reason for the objection. The Provider is not required to react to objections raised after this time.
    2. Objections must be sent by the Partner to the Provider in written form, which is also understood as an email message sent to the Provider's contact email address. Properly raised objections are considered to be those that have been properly delivered to the Provider, are legible, and contain all information and materials that are needed for the full assessment of the objection by the Provider.
    3. Assessment and decision on raised objections is in the full competence of the Provider. Objections are processed by the Provider as a rule within 30 days of their delivery to the Provider. The Provider's decision is then expressed to the Partner.
  9. Time duration of the cooperation agreement and its termination
    1. The cooperation agreement is valid with indeterminate duration.
    2. Termination of the cooperation agreement may take place:
      1. By an agreement between the Provider and the Partner.
      2. By the withdrawal of the Provider or the Partner. This withdrawal must be completed in written form or by email and delivered to the other contracting party, and can be done without justifying this withdrawal. The cooperation agreement terminates on the day the notification of withdrawal is delivered to the other contracting party.
      3. By the Provider's withdrawal from the cooperation agreement. The Provider is authorized to withdraw from the agreement if it is proved that the Partner is acting in contradiction to these terms and conditions, rules, or other good ethics. Notification of this withdrawal must be carried out in written form or by email delivered to the Partner with a justification of reasons for this withdrawal. The cooperation agreement is then terminated on the day that the notification withdrawal is delivered to the Partner. By the Provider's withdrawal from the cooperation agreement, the Partner's right to any unpaid commissions thus far is revoked if the Provider does not determine otherwise.
    3. Termination of the cooperation agreement does not have an impact on potential claims for damages.
    4. In the event of termination of the cooperation agreement based on the agreement or withdrawal, the Partner has the right to request that the Provider pay out commissions that the Partner is entitled to upon the day of termination of the cooperation agreement. Commissions will be paid out to the Partner at the latest within 30 days of invoice delivery.
  10. PROTECTION OF THE PROVIDER'S BUSINESS SECRETS
    1. During negotiations on the cooperation agreement and its subsequent fulfillment, the Partner may be sent information that is marked as confidential or the confidentiality of which stems from its nature. The Partner agrees mainly to:
      1. keep this information confidential;
      2. not provide this information to another party without the consent of the Provider;
      3. not use this information for any other purpose than for fulfilling the cooperation agreement;
      4. not to use this information in any other harmful manner.
    2. In the event that this obligation according to article 10.1 is not met, the Partner may be charged a fine in the amount of 10,000 CZK.
  11. protection of personal data
    1. The Provider declares that the Partner's data will be protected in accordance with Act no. 101/2000 Coll. on the Protection of Personal Data, as amended. The Partner's rights to information on the processing of personal data, the right to request a correction, or other rights adhere to the valid Act on the Protection of Data.
    2. By registering with the affiliate system, the Partner expresses its consent to be sent email messages that will serve to disseminate news and information linked to the campaigns in the affiliate program or to the subject of the Provider's business activity. This consent may be withdrawn at any time.
    3. While implementing campaigns, primarily while sending out email messages, the Partner agrees to uphold the laws of the Czech Republic, namely Act. no 480/2004 Coll., on Certain Information Society Services.
    4. In the event that laws are violated by the Partner during campaign implementation according to article 11.3, the Partner carries exclusive responsibility for this violation. In the event that the Provider is required to provide financial compensation in connection with such illegal activity on the part of the Partner, the Provider has the right to claim compensation from the Partner, including costs for legal representation.
  12. final provisions
    1. In the event that, by violation of these terms and conditions or laws, the Provider incurs damages, the Partner is required to compensate for these damages to the full extent (the extent of damages is not reduced by unpaid commissions).
    2. If the legal relationship based on the cooperation agreement is of an international (foreign) character, the contracting parties agree that the relationship will adhere to Czech law.

These terms and conditions, in the wording above, are valid from March 18, 2017.