Business conditions of cooperation and commission system of the online server located at the internet address www.nanoshop.cz
The provider of the commission system is:
Company: NANOSHOP s.r.o.
Registered: Příkop 843/4, Zábrdovice, 602 00 Brno
Company ID: 09810994
Tel .: +420 733713277
(hereinafter referred to as the "Provider")
I. Introductory provisions
These terms and conditions govern the rights and obligations of the parties:
- arising in connection with the cooperation agreement concluded between the Partner and the Provider;
- arising in connection with participation in the Provider's commission system.
By registering in the commission system, the Partner and the Provider express their consent to these terms and conditions and at the same time both parties undertake to comply with these terms and conditions.
In matters not regulated by these business conditions, the relations between the Partner and the Provider are governed by valid legal regulations, in particular Act No. 89/2012 Coll., The Civil Code.
The commission system is operated through the AffilBox application, which is provided by the company AffilBox s.r.o., Jahnova 8, Pardubice 530 02, IČ: 28777000, DIČ: CZ28777000.
A cooperation agreement is any agreement concluded in accordance with these terms and conditions between the Provider and the Partner, and the purpose of which is to promote the Provider's goods, services or activities. The Provider will publish the specific scope of the promotion, the amount of the commission, including information on the VAT commission charge and any other details, on its web interface. The cooperation agreement is concluded electronically and is not provided in writing. The Agreement is concluded by the Partner accepting the conditions of cooperation proposed by the Provider by pressing the confirmation button in the commission system. The cooperation agreement is not an order agreement 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. Campaign means in particular which goods, services or websites of the Provider are to be promoted through the commission system. The detailed terms and conditions of the campaign or group of campaigns are described in the cooperation agreement.
The conversion is an event of the Visitor, which is the goal of the campaign. Conversion means, in particular, the completion of the purchase of goods or the order of the Provider's services. The visitor converts into a Provider's customer.
The methods of promotion are marketing and other similar activities of the Partner, by which the Partner promotes the goods or services of the Provider. Promotion methods include in particular:
- placement of advertising content (especially banners) on the Partner's website;
- providing a reference to the Provider's goods or services through blogs, discussion forums or articles (provided that the rules of blogs or discussion forums allow this activity);
- sending e-mails informing about the Provider's goods or services to persons who have given their appropriate consent to this form of marketing in accordance with legal regulations;
- a link to the Provider's goods or services via social networks;
- PPC campaigns.
A 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 or legal entity that participates in the Provider's commission system on the basis of registration.
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 in carrying out the approved conversion.
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 account records data concerning in particular the number of Visitors, orders and their status.
An approved conversion is a conversion in which the customer pays the price of the goods or services properly and in full.
The Provider's website is the Provider's website located at www.nanoshop.cz.
The Customer is a person who obligatorily orders goods or services or other services on the Provider's website.
III. Participation in the commission system
Participation in the commission system arises from the registration of the Partner in the commission system.
Within the commission system, the Partner promotes the Provider's services or goods on the basis of a cooperation agreement using promotion methods.
The Partner is fully liable for all damages caused by its actions in violation of these conditions and / or the law of the Czech Republic to the Provider, other users of the 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 event of changes in the above data, the Partner is obliged to immediately inform the Provider of this fact. The Provider is not liable for damages incurred by the Partner due to failure to notify changes in the data.
IV. 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 its offer of goods and services.
The Partner may not promote the Provider's goods or services on websites whose content may in any way violate the laws of the Czech Republic or good morals. In particular, these are websites with pornographic and illegal content and websites that infringe or promote intellectual property rights.
The Partner or family members of the Partner or persons acting in agreement with the Partner may not order the Provider's goods or services via the Partner's own commission link. If he does so, the Partner's right to commission on the conversions thus obtained expires. If the Provider has caused damage to the Provider, the Partner is obliged to compensate him 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 is entitled to use for the promotion of the Provider all textual and pictorial materials which are the result of the Provider's creative activity or for which the Provider has a valid license and which are provided or made available to the Partner by the Provider for this purpose in the commission system. Without the prior consent of the Provider, the Partner is not entitled to use the provided materials other than for the purposes of the campaign.
The Partner may not, without the prior consent of the Provider, change the HTML codes, graphics or content of advertising space (such as banners) provided by the Provider for use in the campaign.
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.
The Partner undertakes not to promote the Provider 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 commissions that have not yet been paid to him.
The Provider's goods or services may not be promoted through PPC campaigns in AdWords, Sklik, or Facebook Ads.
Banners, texts and other content located in the interface of the AffilBox application and the commission system, including the software of the web interface and the commission system, are protected by the copyright of the Provider or AffilBox s.r.o., and may be protected by other third party rights. The Content may not be altered, copied, reproduced, distributed or used by any third party for any purpose without the written consent of the Provider or another copyright holder. The right to use protected material in accordance with Article 4.5 of these conditions is not affected by this provision.
V. 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 conversion 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 Article 6 of these Terms and Conditions for the conversions approved by it.
The Provider is entitled to request for approval promotional e-mails and other texts that the Partner wants to use in the campaign.
The Provider is entitled to change or supplement the wording of these terms and conditions at any time. The rights and obligations of the parties are always governed by the wording of the terms and conditions under which they arose. The Provider is obliged to notify the Partner of any change in the business conditions via the contact e-mail provided by the Partner during registration. The new wording of the business conditions will be effective against the Partner from its notification.
The amount of the commission is stated in the commission system for each campaign separately.
Commissions will always be approved by the Provider immediately after the expiration of the period during which the legal regulations or business conditions of the Provider allow the consumer to withdraw from the contract. Conversion approval is done automatically and / or manually. The Partner will be informed about the approval of the commission via his commission account.
Commissions will be approved for those conversions where the goods or services promoted in the campaign have been duly and fully paid.
The Partner is not entitled to a commission for canceled or canceled orders or when the customer withdraws from the contract.
VII. Commission payment
The partner is entitled to a commission payment if the sum of approved commissions in its commission account is higher than the amount indicated on the web interface of the commission system (ie agreed in the cooperation agreement).
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 event 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 payment of commissions takes place exclusively by bank transfer in CZK (Czech crowns) to the Partner's bank account kept in a bank in the Czech Republic or Slovakia, while the Partner is obliged to provide the Provider with all data necessary for payment (especially account number). Commissions will not be paid in cash, by foreign bank transfer (with the exception of transfer to the territory of Slovakia in Czech crowns), by bank slip or in any other way, unless otherwise agreed between the Partner and the Provider.
VIII. Objections of the Partner
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 writing, 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.
IX. Duration and termination of the cooperation agreement
The cooperation agreement is concluded for the period specified in the conditions of the campaign, or for an indefinite period.
The cooperation agreement may be terminated:
- By agreement between the Provider and the Partner.
- Termination of the Provider or Partner. The notice must be given in writing 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.
- By withdrawing from the cooperation agreement on the part of the Provider. The Provider is entitled to withdraw from the agreement if it is proven that the Partner is acting in violation of these terms and conditions, legislation or good morals. Notice of withdrawal must be made in writing 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. In the event that 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.
In the event of termination of the cooperation agreement on the basis of an agreement or termination, the Partner is entitled to request the payment of commissions from the Provider, to which he became entitled on the date of termination of the cooperation agreement. Commissions will be paid to the Partner no later than 14 days from the date of delivery of the invoice.
X. Protection of personal data
The provider declares that the data will be protected in accordance with the relevant provisions of Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC. Regulation on the protection of personal data).
Please note that under the Regulation you have the right to:
- request information from us about your personal data,
- request access to this data from us and have it updated or corrected, or request processing restrictions,
- on portability and the right to a copy of personal data,
- demand from us with the deletion of this personal data - unless it is personal data that we are obliged or authorized to further process according to applicable laws, file a complaint with the Office for Personal Data Protection and the right to effective judicial protection if you consider that your rights under the Regulation have been violated as a result of the processing of your personal data in breach of the Regulation.
In the event that a breach of legal regulations pursuant to the previous Article 10.3 occurs 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 monetary 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.
Partners who have registered for the affiliate program agree to send e-mail messages, which will be used to send news and information related to campaigns in the commission program, or the subject of the Provider's business.
The business conditions in this version are valid from 1.6.2021.