1 PRELIMINARY CLAUSE
1.1
The operator of the Affiliate Program is
COOLHOUSING s.r.o.,
Registered office at Na Okraji 6,
162 00 Prague 6
Company ID No.: 14893983, recorded in the Commercial Registry at the Municipal Court in Prague, Section C, Insert 4766.
VAT ID No.: CZ14893983
Bank information: Komerční Banka a.s., Prague, Václavské nám. 43, Account No.: 51-1028170217/0100.
Contact addresses:
The operator of the Affiliate Program is
COOLHOUSING s.r.o.,
Registered office at Na Okraji 6,
162 00 Prague 6
Company ID No.: 14893983, recorded in the Commercial Registry at the Municipal Court in Prague, Section C, Insert 4766.
VAT ID No.: CZ14893983
Bank information: Komerční Banka a.s., Prague, Václavské nám. 43, Account No.: 51-1028170217/0100.
Contact addresses:
- Printed matters: COOLHOUSING s.r.o., Vinohradská 190, Prague 3, 130 52
- E-mail: info@coolhousing.net or the e-mail address of the respective Service.
hereinafter referred to as the "Operator"
1.2.
A member of the Affiliate Program is a natural or legal entity who has registered in the Affiliate Program of COOLHOUSING, s.r.o. and as such cooperated with COOLHOUSING s.r.o.
hereinafter referred to as the "Affiliate"
A member of the Affiliate Program is a natural or legal entity who has registered in the Affiliate Program of COOLHOUSING, s.r.o. and as such cooperated with COOLHOUSING s.r.o.
hereinafter referred to as the "Affiliate"
2 GLOSSARY OF TERMS
2.1
Terms and conditions of the Coolhousing, s.r.o. Affiliate Program (hereinafter referred to as ToS) specify the rights and obligations of the Affiliate of the Operator within the framework of the Affiliate Program of COOLHOUSING s.r.o.
Terms and conditions of the Coolhousing, s.r.o. Affiliate Program (hereinafter referred to as ToS) specify the rights and obligations of the Affiliate of the Operator within the framework of the Affiliate Program of COOLHOUSING s.r.o.
2.2
Operator’s website: www.coolhousing.net. The term also includes the sub-website of the coolhousing.net domain.
Operator’s website: www.coolhousing.net. The term also includes the sub-website of the coolhousing.net domain.
2.3
Operator’s e-mail address is affiliate@coolhousing.net.
Operator’s e-mail address is affiliate@coolhousing.net.
2.4
The Affiliate Program is the Affiliate Program organized by the Operator.
The Affiliate Program is the Affiliate Program organized by the Operator.
2.5
The Affiliate account is the Affiliate’s account within the Affiliate Program.
The Affiliate account is the Affiliate’s account within the Affiliate Program.
2.6
A Service is a product of the Operator which it offers to its customers.
A Service is a product of the Operator which it offers to its customers.
2.7
Subject of advertisement is a Service rendered by the Operator as well as its website.
Subject of advertisement is a Service rendered by the Operator as well as its website.
2.8
Unique identifier is the identification name of an Affiliate. It is necessary that the identifier be part of the Operator’s website link.
Unique identifier is the identification name of an Affiliate. It is necessary that the identifier be part of the Operator’s website link.
2.9
Advertisement message, for the purpose of these Terms of Service, refers to advertisement banners (in the form of image, text, etc.), textual reference and texts on the Subject of advertisement (either with or without a link to the website).
Advertisement message, for the purpose of these Terms of Service, refers to advertisement banners (in the form of image, text, etc.), textual reference and texts on the Subject of advertisement (either with or without a link to the website).
2.10
Affiliate message is a link of generated codes in some Advertisement messages as well as the “head affiliate message” included in the Affiliate’s administration panel.
Affiliate message is a link of generated codes in some Advertisement messages as well as the “head affiliate message” included in the Affiliate’s administration panel.
2.11
A Campaign, for the purpose of these Terms of Service, refers to a group of Advertisement messages bound to advertise a given service, promotional offer, or advertisement in a given language. A Campaign also includes the definition of compensation and commission for the current campaign.
A Campaign, for the purpose of these Terms of Service, refers to a group of Advertisement messages bound to advertise a given service, promotional offer, or advertisement in a given language. A Campaign also includes the definition of compensation and commission for the current campaign.
3 GENERAL PROVISIONS
3.1
Registration into the partnership (Affiliate) program is free of charge. By the means of registration, the registered person (or company) becomes an Affiliate and undertakes to observe the terms of the Affiliate Program.
Registration into the partnership (Affiliate) program is free of charge. By the means of registration, the registered person (or company) becomes an Affiliate and undertakes to observe the terms of the Affiliate Program.
3.2
An Affiliate becomes member of (i.e., registers into) the program by filling the registration form. The registration form is also available at the Operator’s website.
An Affiliate becomes member of (i.e., registers into) the program by filling the registration form. The registration form is also available at the Operator’s website.
3.3
The Operator has the right to approve or reject the registration of an Affiliate without stating the reason. In the case of approving its registration, an activation e-mail message is sent to each new Affiliate.
The Operator has the right to approve or reject the registration of an Affiliate without stating the reason. In the case of approving its registration, an activation e-mail message is sent to each new Affiliate.
3.4
The Affiliate’s personal information stated at the registration into the Affiliate Program of the Operator is processed in conformance to Act 101/2000 Coll. The information provided may be used for the Operator’s marketing purposes.
The Affiliate’s personal information stated at the registration into the Affiliate Program of the Operator is processed in conformance to Act 101/2000 Coll. The information provided may be used for the Operator’s marketing purposes.
3.5
The Affiliate agrees that the Operator may use the name of the Affiliate’s person (or company) as well as the logo in its presentations, marketing materials, customer lists, and online customer lists.
The Affiliate agrees that the Operator may use the name of the Affiliate’s person (or company) as well as the logo in its presentations, marketing materials, customer lists, and online customer lists.
3.6
By expressing its consent with the Affiliate Program ToS, the Affiliate agrees to the processing of its personal information supplied during registration. The personal information provided shall be made available solely to the employees of the Affiliate Program.
By expressing its consent with the Affiliate Program ToS, the Affiliate agrees to the processing of its personal information supplied during registration. The personal information provided shall be made available solely to the employees of the Affiliate Program.
3.7
An Affiliate shall request the termination the Affiliate’s cooperation with the Operator electronically, via the contact form of the Affiliate Program.
An Affiliate shall request the termination the Affiliate’s cooperation with the Operator electronically, via the contact form of the Affiliate Program.
4 TERMS OF COOPERATION
4.1
In the case of natural persons, any person over eighteen (18) years of age, or legal persons in full legal capacity, who are owners or users of a website, may become Affiliates. No person may register into more than one (1) Affiliate account.
In the case of natural persons, any person over eighteen (18) years of age, or legal persons in full legal capacity, who are owners or users of a website, may become Affiliates. No person may register into more than one (1) Affiliate account.
4.2
Employees of the Operator as well as persons whose registration has been cancelled by the Operator cannot become Affiliates.
Employees of the Operator as well as persons whose registration has been cancelled by the Operator cannot become Affiliates.
4.3
The cooperation between the Affiliate and the Operator on the distribution of Advertisement messages commences by the registration of the Affiliate and by the approval of Affiliate’s registration by the Operator.
The cooperation between the Affiliate and the Operator on the distribution of Advertisement messages commences by the registration of the Affiliate and by the approval of Affiliate’s registration by the Operator.
4.4
Both parties participating in the cooperation hereby agree that by acting as per the article above they undertake to act upon and observe these Terms of Service.
Both parties participating in the cooperation hereby agree that by acting as per the article above they undertake to act upon and observe these Terms of Service.
4.5
Cooperation is entered into for an indefinite period of time with any of the contracting parties having the power to terminate cooperation. The Operator shall terminate its cooperation by the means of delivering the proposal for termination of cooperation to the Affiliate via e-mail. In the event of the cooperation being terminated by the Affiliate, the Affiliate shall deliver the proposal for termination of cooperation to the Operator at its e-mail address.
Cooperation is entered into for an indefinite period of time with any of the contracting parties having the power to terminate cooperation. The Operator shall terminate its cooperation by the means of delivering the proposal for termination of cooperation to the Affiliate via e-mail. In the event of the cooperation being terminated by the Affiliate, the Affiliate shall deliver the proposal for termination of cooperation to the Operator at its e-mail address.
4.6
The Affiliate must have, or establish, a PayPal account. The commission payoff is realized solely via the PayPal payment system.
The Affiliate must have, or establish, a PayPal account. The commission payoff is realized solely via the PayPal payment system.
4.7
The Affiliate may choose the method it will use to advertise the Subject of advertisement. This refers especially to the placement of various types of advertisement formats of standard size as delivered by the means of the Affiliate program. It is vital that all links directing to the Operator’s website contain the Affiliate’s Unique identifier.
The Affiliate may choose the method it will use to advertise the Subject of advertisement. This refers especially to the placement of various types of advertisement formats of standard size as delivered by the means of the Affiliate program. It is vital that all links directing to the Operator’s website contain the Affiliate’s Unique identifier.
4.8
Advertisement of the Operator’s company must not be positioned on websites the content of which contravenes to the law of the Czech Republic and on pornographic servers. Furthermore, the Affiliate must not advertise the Subject of advertisement in any manner that would be indecent and/or damage the good reputation of the Operator e.g. by misleading statements on the products offered, by spam, etc.
Advertisement of the Operator’s company must not be positioned on websites the content of which contravenes to the law of the Czech Republic and on pornographic servers. Furthermore, the Affiliate must not advertise the Subject of advertisement in any manner that would be indecent and/or damage the good reputation of the Operator e.g. by misleading statements on the products offered, by spam, etc.
4.9
Advertisement messages must not be placed on sites without content and on sites generated on the sole purpose of displaying the advertisement.
Advertisement messages must not be placed on sites without content and on sites generated on the sole purpose of displaying the advertisement.
4.10
An Affiliate may not receive commission on the order of services made to its name.
An Affiliate may not receive commission on the order of services made to its name.
4.11
The Operator is not liable for the function, or malfunction, of Affiliate messages that have been modified by the Affiliate in any manner.
The Operator is not liable for the function, or malfunction, of Affiliate messages that have been modified by the Affiliate in any manner.
5 COMMISION – amount, conditions and payoff
5.1
The Operator shall pay the Affiliate commission in the amount stated in the specifications of the Campaign which the customer used to make their order.
The Operator shall pay the Affiliate commission in the amount stated in the specifications of the Campaign which the customer used to make their order.
5.2
The purchase, and subsequently the Affiliate’s commission, become payable once Service is paid to the Operator. Commission is approved and awarded to the Affiliate’s account once a month.
The purchase, and subsequently the Affiliate’s commission, become payable once Service is paid to the Operator. Commission is approved and awarded to the Affiliate’s account once a month.
5.3
Technology concerns require that Affiliate website visitors have cookies enabled in their computers. Otherwise there exists the risk of the commission not being awarded to the Affiliate who brought the customer to Operator’s website.
Technology concerns require that Affiliate website visitors have cookies enabled in their computers. Otherwise there exists the risk of the commission not being awarded to the Affiliate who brought the customer to Operator’s website.
5.4
The commission as per Article 5.1 shall only be payable to the Affiliate whose pages the customer visited just before coming to the Operator’s site.
The commission as per Article 5.1 shall only be payable to the Affiliate whose pages the customer visited just before coming to the Operator’s site.
5.5
Commission may not be paid to the Affiliate until it has exceeded the minimum amount of EUR 20,-.
Commission may not be paid to the Affiliate until it has exceeded the minimum amount of EUR 20,-.
5.6
Upon request made by the Affiliate, the Operator shall pay the commission on the condition the item above is met.
Upon request made by the Affiliate, the Operator shall pay the commission on the condition the item above is met.
5.7
The commission amount is the final amount.
The commission amount is the final amount.
5.8
The Operator undertakes to pay the commission to the Affiliate within thirty (30) days after the Affiliate requested the payoff.
The Operator undertakes to pay the commission to the Affiliate within thirty (30) days after the Affiliate requested the payoff.
5.9
Costs incurred by bank transfers shall be paid by the Operator. The Affiliate has the obligation to send its invoice or request for the commission payoff within 30 days from requesting the commission payoff. Should the Affiliate fail to do so, it shall lose any further title to the commission to be invoiced.
Costs incurred by bank transfers shall be paid by the Operator. The Affiliate has the obligation to send its invoice or request for the commission payoff within 30 days from requesting the commission payoff. Should the Affiliate fail to do so, it shall lose any further title to the commission to be invoiced.
5.10
If the Affiliate is eligible for VAT payment, it has the obligation to issue a tax document on the received payment as per the VAT Act.
If the Affiliate is eligible for VAT payment, it has the obligation to issue a tax document on the received payment as per the VAT Act.
5.11
The Operator may change the rate of commission at any time.
The Operator may change the rate of commission at any time.
5.12
If the Affiliate is a natural person that is a citizen of the Czech Republic and does not engage in business activities in the Czech Republic and elsewhere, it has the obligation to send the Operator a request for the payment of the commission. The request may be sent electronically with an electronic signature or by mail. Should the total income of Affiliate’s occasional income from commissions in a calendar year exceed the limit for tax exemption as per Section 10(3) of Act 586/1992 Coll., the Income Taxation Act, as amended, the Affiliate has the obligation to file a tax return form and to pay tax on that income.
If the Affiliate is a natural person that is a citizen of the Czech Republic and does not engage in business activities in the Czech Republic and elsewhere, it has the obligation to send the Operator a request for the payment of the commission. The request may be sent electronically with an electronic signature or by mail. Should the total income of Affiliate’s occasional income from commissions in a calendar year exceed the limit for tax exemption as per Section 10(3) of Act 586/1992 Coll., the Income Taxation Act, as amended, the Affiliate has the obligation to file a tax return form and to pay tax on that income.
6 RIGHTS AND OBLIGATIONS OF THE OPERATOR
6.1
The Operator undertakes that it shall provide the Affiliate with access to a server where it can view online the results of its Campaign including the quantity of orders made and paid for, the number of commission fees approved, refused and paid, as well as the number of hits via Affiliate’s websites. This user interface will provide the Affiliate to request the payoff online.
The Operator undertakes that it shall provide the Affiliate with access to a server where it can view online the results of its Campaign including the quantity of orders made and paid for, the number of commission fees approved, refused and paid, as well as the number of hits via Affiliate’s websites. This user interface will provide the Affiliate to request the payoff online.
6.2
The Operator reserves the right to monitor the content and positioning of our banners on the Affiliate pages; and to terminate the affiliate cooperation once any item of these ToS has been breached.
The Operator reserves the right to monitor the content and positioning of our banners on the Affiliate pages; and to terminate the affiliate cooperation once any item of these ToS has been breached.
6.3
In the event of discovering fraud on the side of an Affiliate, the Operator reserves the right to terminate cooperation without any claims or requirements ensuing from these ToS.
In the event of discovering fraud on the side of an Affiliate, the Operator reserves the right to terminate cooperation without any claims or requirements ensuing from these ToS.
6.4
The Operator has the right to immediately terminate cooperation if these ToS have been breached by the Affiliate.
The Operator has the right to immediately terminate cooperation if these ToS have been breached by the Affiliate.
6.5
Moreover, the Operator shall be entitled to termination of cooperation in the case the content of Affiliate’s website is a contravention to the law, is unethical or breaches the ToS, especially in these situations:
Moreover, the Operator shall be entitled to termination of cooperation in the case the content of Affiliate’s website is a contravention to the law, is unethical or breaches the ToS, especially in these situations:
6.5.1
the posting of a link that activates immediately after a visitor enters the Affiliate website,
the posting of a link that activates immediately after a visitor enters the Affiliate website,
6.5.2
the modification of the Advertisement message (tampering with the picture or text) prepared by the Operator,
the modification of the Advertisement message (tampering with the picture or text) prepared by the Operator,
6.5.3
the placement of an Advertisement message to a website that is part of another website,
the placement of an Advertisement message to a website that is part of another website,
6.5.4
placement of an Advertisement message in a pop-up window at a special page that activates concurrently with the Affiliate website,
placement of an Advertisement message in a pop-up window at a special page that activates concurrently with the Affiliate website,
6.5.5
the copying the appearance of Operator’s website with the intention to give the impression that it is the Operator's website.
the copying the appearance of Operator’s website with the intention to give the impression that it is the Operator's website.
6.6
Should any of the cases mentioned above arise, the Affiliate shall lose the title for acknowledging and payment of the commission.
Should any of the cases mentioned above arise, the Affiliate shall lose the title for acknowledging and payment of the commission.
7 FINAL PROVISIONS
7.1
The Operator reserves the right to change these Terms of Service at any time and to activate new versions of the Affiliate Program. All participants of the Affiliate Program shall be notified of the changes via e-mail. Should the Affiliate not accept the new terms, the contract between that Affiliate and the Operator shall be terminated.
The Operator reserves the right to change these Terms of Service at any time and to activate new versions of the Affiliate Program. All participants of the Affiliate Program shall be notified of the changes via e-mail. Should the Affiliate not accept the new terms, the contract between that Affiliate and the Operator shall be terminated.
7.2
By registering and participating in the Affiliate Program and by placing Advertisement message on its website, the Affiliate expressly agrees to these Terms of Service.
By registering and participating in the Affiliate Program and by placing Advertisement message on its website, the Affiliate expressly agrees to these Terms of Service.
7.3
These terms and conditions of the Affiliate Program come into effect on 1 February, 2012.
These terms and conditions of the Affiliate Program come into effect on 1 February, 2012.
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