These General Terms and Condition (hereinafter the “GTC”) are issued by , Id. No. 051 54 928, with its registered office at Donska 1554/12, Prague 101 00, Czech Republic, registered in the Commercial Register kept by City Court in Prague, Section C, File 259018 (hereinafter “ConvertingTeam.com” or the “Network) for its business partners entering into a contractual relationship with ConvertingTeam.com as entrepreneurs (hereinafter individually the “Partner” or “Publisher” or only as a “Party”), who expressly agree to comply with these GTC.
The Partner expressly represents that it has become acquainted in detail with the GTC and that by registering itself at the ConvertingTeam.com portal (hereinafter the “Registration”), it expressed its agreement with the GTC, agrees to comply with them in any event and is aware of the fact that, by virtue of the Registration and subject to the Network’s consent, the Partner enters into a contractual relationship and concludes a co-operation agreement with the Network.
The business co-operation between the Network and the Partner consists in the Partner’s participation in the Network’s commission system (affiliate programme) (hereinafter the “Participation” or “co-operation”) under the terms and conditions specified below in these GTC. In each case, the Network reserves the right to decide not to enter into a contractual relationship with the Partner within the meaning of Article 2.1 GTC, irrespective of whether or not the Registration has already been made.
In particular, the Partner will promote the offers submitted and approved by the Network, and where appropriate, also perform other activities agreed upon by the Parties. The Network will pay a commission to the Partner under the terms and in the amount specified in Art. 5 GTC and any additional arrangements made between of the Parties.
The Network and the Partner agree to contact each other prior to the first performance provided hereunder (e.g. website traffic sending, contacting a third party, etc.).
The Partner agrees not to make any information obtained from the Network within the co-operation accessible to a third party if the nature of such information clearly indicates that it has the nature of business secrets or know-how, and/or that it has certain value for the Network, or if, in view of its nature, disclosure of such information to third parties could impair justified interests of the Network. To avoid any doubt, it shall hold that confidential information does not include information that is publicly known or otherwise available.
The Partner agrees to comply with its obligation set out in Art. 3.1 GTC even after termination of the co-operation with the Network.
The Partner agrees that all representations addressed to the Network during the term of the co-operation will be truthful and that, within the business co-operation, the Partner will act honestly and in compliance with good morals.
During the co-operation, the Partner agrees to comply with valid and effective legal regulations under all circumstances, and represents that it enjoys full legal capacity. Where necessary for the activities of the Partner, the latter also represents that it holds the necessary licenses, permits or other authorisations following from valid and effective legal regulations.
The Partner is exclusively responsible for:
any content visible or otherwise available on portals, websites or in other electronic environment owned or operated by the Partner (hereinafter the” Web Content”) where it is used in the co-operation; the Partner expressly represents that its Web Content does not contain any elements that are at variance with valid and effective legal regulations or good morals, in particular any elements that infringe on third-party trademarks, patents or copyright or otherwise infringes on third-party rights where the Web Content is used during the co-operation;
the use of personal data and contact details of the persons addressed in accordance with the valid and effective legal regulations, where the Partner uses them during the co-operation;
the realisation of Promotion in conformity with the valid and effective legal regulations, these GTC and other instructions of the Network, which are, together with these GTC, binding on the Partner.
The Partner agrees to perform marketing or similar activities in accordance with the agreement and the Network’s instructions, promoting services determined by the Network (hereinafter the “Promotion”) by means of:
sending out e-mails or other communications to third parties whose consent it has obtained;
placing a banner on its own Web Content;
putting references on its own Web Content or;
other similar manner of performing Promotion in accordance with the Network’s justified interests and in compliance with valid and effective legal regulations, these GTC and other arrangement between the Partner and the Network.
The Partner’s commission shall be payable based on Insertion Order (IO) in which Network and Partner agrees on terms of pay-outs and commission. If there is no IO between both Parties, the Partner's commission shall be payable twice a month, specifically 1st payment for period starting 1st day and ending 15th day in the month and 2nd payment for period starting 16th day and ending last day in the month. The pay-out of the commission shall be processed by Network 1st working day after the end of every period.
The Commission shall be paid in each case based on an "Invoice credit note" generated in the ConvertingTeam platform by the Network. This "Invoice credit note" shall be available for download in Partner's interface of the platform and shell be the main document, based on which Partner issue invoice in his books.
The Commission shall be paid either by wire transfer or through one of the following payment service providers: PayPal or Skrill.
The Partner shall enter its bank (optionally PayPal or Skrill) account details necessary to perform the wire transfer (domestic or international) and, furthermore the invoicing details as defined in Art. 188.8.131.52, no later than on the date of commencement of the co-operation.
The invoicing details include: indication whether a natural or legal person is involved and, furthermore: company name/name and surname, registered office/address of residence (street, city/town, country), indication whether the Partner is a registered VAT payer and, if so, its assigned VAT number.
If the invoicing detail are not entered correctly or with all the requested details, pay-out cannot be processed.
If the amount of monthly commission exceeds USD 100 or its equivalent the Partner has right for pay-out of his commission in defined terms. If the amount of monthly commission doesn't exceed USD 100 or its equivalent, the right for pay-out of the Partner's commission is postponed to the month in which total of un-paid Partner's commission exceeds 100 USD.
If the amount of the right for the pay-out is in the range 100 - 500 USD or its equivalent, the Partner's commission can be paid through PayPal or Skrill account. If the amount of the right for the pay-out is above 500 USD or its equivalent, the Partner's commission will be paid by wire transfer.
All bank and non-bank fees incurred in connection with the payment of the Commission shall be paid in a share mode, where each Party shall pay its own bank and other payment service provider fees. Where a share mode is not available, the fees incurred in connection with the payment of the Commission shall be borne by the Partner. The Network shall not be held liable for any bank or non-bank fees incurred in connection with the payment of the Commission on the part of the Partner, the latter’s bank or payment service provider, or any other entity involved in the payment of the Commission within the meaning of this article.
The fee shall be paid in EUR currency, unless the Partner and the Network agree otherwise. Partner has to contact his Network affiliate manager to agree on different currency for fee pay-outs.
The Network shall bear no responsibility for activities or any other conduct of the Partner regarding the co-operation, and the Partner agrees with this.
The Network shall bear no liability for any event where the relevant performance cannot be provided under the terms of the co-operation due to technical or other reasons caused by force majeure or some other cause independent of the Network’s will (e.g. failure to complete a task due to non-functional hyperlink, server downtime etc.) and the Partner agrees with this.
The Network reserves the right not to pay the Commission to the Partner pursuant to Art 6.4 in case of breach of these GTC, in particular if the Partner uses one of the prohibited methods of Promotion in the co-operation. In that case, the Partner acknowledges and agrees that its entitlement to the Commission terminates.
The Partner is liable to the Network for any damage caused as a result of unsuitable conduct during the co-operation (e.g. the use of prohibited methods of Promotion, the statement of untrue information, causing harm to the good reputation of the Network etc.). Rights, obligations and claims of the Parties arising out of the co-operation and relating to damage or compensation for damage shall be governed by the laws of the Czech Republic.
Prohibited methods of Promotion with the co-operation include, in particular, the use of materials not approved by the Network (landing pages, banners, e-mails etc.), incentive traffic and sending unsolicited messages. The Network reserves the right to assess each individual case to determine whether it involves the use of prohibited method of Promotion.
The Network reserves the right to perform random inspections of compliance with the Partner’s obligations within the meaning of these GTC or further agreement between the Partner and the Network.
The Network and the Partner agree that the mutual communication shall take place primarily by electronic means (e.g. by e-mail, messenger applications, etc.) and agree that such communication shall be deemed communication in a written form for the purposes of maintaining the form of juridical acts.
The Network and the Partner agree to communicate with each other, provide each other with all the information necessary for proper performance of their obligations, and notify each other of any change in their identification details. The Partner agrees to inform the Network of all the decisive facts that are fundamental for the Network in order to assess the suitability of continued co-operation (e.g. imminent insolvency of the Partner, inability to pay debts, withdrawal of a licence etc.).
The Parties enter into mutual co-operation for an indefinite term. The co-operation will terminate on the basis of agreement of the Parties as of the date agreed by the Parties.
The Network reserves the right to terminate the co-operation at any time, as of a date specified by the Network; in that case, the termination of co-operation will have legal implications equivalent to withdrawal from a contract or agreement.
The rights and obligations of the Parties not provided for in these GTC shall be governed by the laws of the Czech Republic.
The Partner and the Network jointly agree to resolve any and all disputes arising out of their co-operation primarily through amicable settlement.
If not resolved amicably, any and all disputes arising out of the co-operation shall be heard and decided by the common courts of the Czech Republic.
The Partner may not assign any receivables from the Network to third parties.
The Network reserves the right to amend the GTC at any time during the co-operation with effect from the date set out by the Network. In that case, the Partner shall inform the Partner of the amendment without undue delay.
In case of any discrepancies between these GTC and an agreement made in writing (also within the meaning of Art. 7.1 GTC) between the Network and the Partner, the written agreement shall prevail.
By the virtue of Registration, the Partner gives its consent to personal data processing and consent to sending of commercial communications; detailed terms and conditions of protection of personal data are available here.
These GTC are valid and effective as of 1st of February 2018.