Lietošans noteikumi


Lietošanas noteikumi - Partneru programma

 

 

§ 1
 General provisions

1.These Regulations (hereinafter referred to as “Regulations”) determine the terms of participation in the affiliate program and conditions of cooperation between the entities applying for the Affiliate status with ASDIRECT Sp. z o.o. with its seat in Łódź (90-560), at ul. Karolewska 13C lok. 31, entered into the register of entrepreneurs kept by the District Court for the City of Łódź under entry No. 0000349742, Industry Identification Number (REGON) 121164104, Tax Identification Number (NIP) 5492391545, share capital PLN 12,900 (hereinafter referred to as “ASDIRECT”), with regard to online services provided by ASDIRECT via www.autodna.pl or www.autodnaeurope.com website (hereinafter referred to as “autoDNA website”).

2.The aim of the ASDIRECT affiliate program is to promote autoDNA website and increase the sales of services offered by ASDIRECT via autoDNA website.

3.Participation in the affiliate program is voluntary and gratuitous.

 

§ 2
Becoming an affiliate

1.Who can participate in the affiliate program: 

a)every legal person or business unit with legal capacity,

b)every self-employed natural person. 

2.Participation in the affiliate program is available for business entities as described in the foregoing section, who:

a)run a website or blog dedicated to their business activity,

b)have correctly signed in via affiliate form available at http://afilio.autodna.com and thus created an Affiliate account (hereinafter referred to as „Affiliate Account”),

c)have provided true, accurate and complete data, including personal data,

d)have accepted the terms and conditions of ASDIRECT affiliate program,

e)have agreed to have their personal data (as referred to in point c) of this paragraph) processed by ASDIRECT,

f)have provided additional data or documentation requested by ASDIRECT at such dates as set forth by ASDIRECT.

3.Having met the conditions set forth herein does not guarantee the status of Affiliate and thus does not entitle the business entities as described in sections 1 and 2 to request the Affiliate status or any form of cooperation from ASDIRECT.

4.The decision of granting or denying the Affiliate status to the business entity is made following the verification of the application form and the additional data (where applicable) by ASDIRECT.

5.ASDIRECT reserves the right to deny the Affiliate status at its sole discretion, for convenience.

6.ASDIRECT will inform the business entities applying for the Affiliate status of granting such status by email or phone.

7.Having been included in the Affiliate program, the Affiliates gain access to Affiliate Account functions, allowing them to download content that can then be uploaded to their website or blog as form of cooperation with ASDIRECT. This commences the cooperation of ASDIRECT and the Affiliate.

8.Every business entity applying for the Affiliate status, and every affiliate can only have one Affiliate Account.

 

§ 3
Affiliate contract

1.The Affiliate contract will be sent by ASDIRECT to the e-mail address of the business entity who has been granted the Affiliate status.

2.ASDIRECT will send two signed copies of the Agreement with appendices to the address of the Affiliate. The Affiliate is obliged to sign both copies of the Contract and all the appendices and send one signed copy together with one set of the appendices to the address of ASDIRECT within no later than 60 days since the reception of the copies of Contract and appendices. The affiliate is also obliged to attach to the signed Affiliate contract the following documents: a copy of Certificate of entry into the National Official Register of Business Entities (REGON), a copy of Certificate of granting the Tax Identification Number (NIP) and a copy of Certificate of entry in the business activity register or a copy of Updated extract from the National Court Register.

3.ASIRECT reserves the right to change the terms and conditions of calculating the commission-based remuneration due to the Affiliate and to modify the remuneration thresholds determined in Appendix 1 to the Affiliate contract by sending the new terms and conditions of calculating the commission-based remuneration due to the Affiliate or new remuneration thresholds to the e-mail address of the Affiliate or by providing the information of such changes in the Affiliate Account. The aforementioned changes will enter into force 14 days after sending them to the e-mail address of the Affiliate or providing the information of such changes in the Affiliate Account. The Affiliate has the right to terminate the contract with immediate effect within no later than 14 days since the day when the aforementioned changes have entered into force.

4.Affiliate Account will be activated by ASDIRECT following the reception by ASDIRECT the Affiliate Contract together with appendices, signed by the Affiliate. From the moment of activation on, the Affiliate gains access to e.g. the following functionalities:

a)monitoring the number of customers who have bought ASDIRECT services via autoDNA after they have been redirected to autoDNA website from the Affiliate website or blog,

b)monitoring the amount of commission-based remuneration due to the Affiliate,

c)generating reports on the commission-based remuneration due to the Affiliate,

d)withdrawing the remuneration due on conditions set forth in the Affiliate Contract and Appendix 1 to the Contract. Until a signed copy of the Affiliate Contract with appendices is delivered to ASDIRECT, the Affiliate has no right to demand the remuneration due as a result of participating the the Affiliate program.

 

§ 4
Terms of cooperation

1.Detailed terms of cooperation between ASDIRECT and the Affiliate are determined in the Affiliate Contract signed by ASDIRECT and the Affiliate.

2.As part of cooperation the Affiliates undertake the obligation to:

a)promote autoDNA website and services offered by ASDIRECT by including links to the ASDIRECT content (hereinafter referred to as “Links”) and other advertising content provided or approved by ASDIRECT in the website or blog of the Affiliate or other websites enabling the potential customer to be redirected to ASDIRECT website,

b)promote autoDNA website and services offered by ASDIRECT via autoDNA website in accordance with legal requirements, rules of social conduct and good practice,

c)take special care of the reputation of autoDNA website and ASDIRECT,

3.If the Affiliates have the right to include such content in other websites than their own website or blog, they can also include the Links in these websites. ASDIRECT reserves the right to demand such Links to be removed by the Affiliate from a given website.

4.The Affiliates can also include Links in banner ads.

5.The Affiliates undertake the obligation to inform ASDIRECT of any change in their data within no later than 7 days since the change has taken place.

6.The Affiliates undertake the obligation to inform ASDIRECT of any occurrence that might influence the further cooperation between the given Affiliate and ASDIRECT within no later than 7 days since the occurrence has taken place.

7. The Affiliates undertake the obligation to inform ASDIRECT of any problems accessing the Affiliate blog or website, expected deletion of the site, reassignment of right of use or ownership of the Affiliate blog or website, as well as any obstacles in redirecting to autoDNA website or impossibility to redirect the potential customer to the Affiliate blog or website.

8.Redirecting of the potential customer to the autoDNA website cannot be carried out against legal requirements, rules of social conduct and good practice. Special care must be taken so that such advertising of ASDIRECT via autoDNA website is not offensive.

9.Redirecting of the potential customer to the autoDNA website with the use of a Link should only be possible by the potential customer's clicking on the given field or tab on the website or blog, or by performing another purposeful action by such potential ASDIRECT customer.

10.It is specifically prohibited to perform the following actions:

a)offensive sending of large quantities of unwanted content, especially e-mail messages or advertising materials concerning the autoDNA website, by the Affiliate,

b)enabling the potential customers access to service offered by the Affiliate or enabling access to the Affiliate website or blog by a link provided in the autoDNA website or by using service provided by ASDIRECT via autoDNA service,

c)redirecting of the potential customer to the autoDNA website from the Affiliate website or blog immediately after the potential customer has entered the Affiliate website or blog,

d)publishing on the Affiliate website or blog or any other websites any advertising materials referring to, but not approved or not provided to the Affiliate by, ASDIRECT,

e)advertising the autoDNA website or service offered by ASDIRECT by any actions not determined in the Affiliate contract or not approved by ASDIRECT in writing,

f)including in the Affiliate website or blog or other websites any content or materials which might lead the users of Internet to believe that the Affiliate is entitled to any right to the autoDNA service; special care must be taken not to suggest in any way that the Affiliate provides any service via the autoDNA website.

 

§ 5
Remuneration

1.The amount of the commission-based remuneration due to the Affiliate and the terms of its withdrawal are determined in the Affiliate contract signed by the Affiliate and ASDIRECT.

2.Every case of redirection of a potential customer from the Affiliate website or blog to the autoDNA website will be registered by autoDNA website by saving the so-called “cookie” file of the Affiliate. The amount of remuneration due will be calculated on the basis of the number of visits of customers who have been redirected from the Affiliate website or blog and bought the service provided by ASDRECT, according to the rules determined in the Affiliate contract. The remuneration will only be due in cases when the customer has been redirected from the Affiliate website or blog and will buy service provided by ASDIRECT via the autoDNA website within no later than 100 days since the first redirection. The remuneration will be calculated on the basis of every service bought by the customer within no later than 100 days since the first redirection from the Affiliate website or blog, that is, from the day when the “cookie” file was created. After the 100 days defined in the foregoing sentence, the remuneration will only be due in cases when the customer defined in he foregoing sentence has bought the service as a result of being redirected from the Affiliate website or blog after the 100 days defined in the foregoing sentence. The remuneration will be due for every sales of service to the customer within 100 days since such next redirection from the Affiliate website or blog, that is, since the day when the “cookie” file was created.

3.The Affiliate is only entitled to demand withdrawal of the commission-based remuneration when the amount of remuneration due is no less than PLN 300.00 net.

4.The remuneration is transferred to the Affiliate bank account. The Affiliate will issue invoices payable within 21 days on the basis of a remuneration calculation report generated until 7th day of each month. The Affiliate has the right to invoice the amount provided in the remuneration calculation report generated in the “Balance” tab in the Affiliate Account.

5.The Affiliate undertakes the obligation to issue and deliver to ASDIRECT the invoices due under this contract within no later than the 7th day of the month following the month or months for which the remuneration is due. Each invoice is generated on the basis of the remuneration calculation report generated in the “Balance” tab in the Affiliate Account.

6.The invoices shall be delivered to ASDIRECT by e-mail to the following address: rozliczenia.afilio@autodna.pl or by registered letter to the address of ASDIRECT.

7. The Affiliate undertakes the obligation to deliver a copy of Certificate of entry into the National Official Register of Business Entities (REGON), a copy of Certificate of granting the Tax Identification Number (NIP) and a copy of Certificate of entry in the business activity register or a copy of Updated extract from the National Court Register if so requested by ASDIRECT.

8.The Affiliate undertakes the obligation to deliver the documentation determined in the foregoing section within no later than 7 days since they have been requested by ASDIRECT.

9.ASDIRECT reserves the right to withhold payment of the remuneration calculated in the invoice in case of any doubts concerning the authenticity of the documents provided by the Affiliate, amount of the remuneration due to the Affiliate or quality of the service provided by the Affiliate in terms of meeting the requirements of the Affiliate contract.

10. Termination of the Affiliate contract by ASDIRECT with the Affiliate being at fault results in the Affiliate losing the right to demand withdrawal of the remuneration due.

11. Termination of the Affiliate contract by the Affiliate results in the Affiliate reserving the right to demand withdrawal of the remuneration due only if the amount due is no less than PLN 300.00 net.

§ 6
Rights of ASDIRECT

1.ASDIRECT reserves the right to suspend or dismiss the Affiliate status of the given Affiliate, or terminate the Affiliate contract with immediate effect if:

a)ASDIRECT has reasonable grounds to believe that the Affiliate is undertaking actions contrary to legal requirements, rules of social conduct and good practice, or is acting to the detriment of ASDIRECT,

b)the Affiliate engages in practices that are unfair or contrary to these Regulations or Affiliate Contract,

c)the Affiliate does not fulfil or inadequately fulfils the obligations under the Affiliate contract,

d)the Affiliate has stopped meeting the conditions determined in § 2 sec. 1 and 2 of these Regulations or the conditions of the Affiliate Contract,

e)further cooperation might result in damaging the reputation of ASDIRECT or in ASDIRECT being believed to be performing unlawful actions.

2.In cases described in the foregoing sections the Affiliate is obliged to delete the improper content that resulted in the suspension or dismissal of the Affiliate account of the given Affiliate, or termination of the Affiliate Contract, and the results of such content being published, with immediate effect.

3.Should the Affiliate fail to delete the improper content determined in the foregoing section, ASDIRECT reserves the right not to pay the remuneration due to the Affiliate.

 

§ 7
Personal data

1.Personal data provided by the entities applying for the Affiliate status and of the participants in the Affiliate program is administered by ASDIRECT Sp. z o.o. with its seat in Łódź (90-560), at ul. Karolewska 13C lok. 31, entered into the register of entrepreneurs kept by the District Court for the City of Łódź under entry No. 0000349742, Industry Identification Number (REGON) 121164104, Tax Identification Number (NIP) 5492391545, share capital PLN 5,000.00.

2.Registration of the entity applying for the Affiliate status via ASDIRECT website requires such entity to agree to have their personal data processed by ASDIRECT for the purposes determined in these Regulations, in particular with respect to concluding and fulfilling the Affiliate contract as well as for marketing purposes. By registering in the ASDIRECT website, the entities applying for the Affiliate status agree to have their personal data made available by ASDIRECT to third parties for marketing purposes.

3.Registration of the entity applying for the Affiliate status via ASDIRECT website requires such entity to agree to receive information and marketing materials or materials advertising the autoDNA website as well as services and promotions provided by ASDIRECT and its commercial affiliates.

4.ASDIRECT will process the personal data provided by the entities applying for the Affiliate status and of the participants in the Affiliate program in accordance with the Law on Personal Data Protection of 29 August 1997 (Law Gazette from 2002, No.101, heading 926, as amended).

5.The entities applying for the Affiliate status and of the participants in the Affiliate program have the right to access and modify their personal data, as well as requesting their removal, in accordance with the Law on Personal Data Protection of 29 August 1997 (Law Gazette from 2002, No.101, heading 926, as amended).

6.Removal, requesting the removal, or written withdrawal of the consent for processing the personal data of an entity applying for the Affiliate status and of the participants in the Affiliate program for the purposes described herein and necessary for cooperation, is tantamount to declaring the termination of Affiliate Contract or resigning from participation in the Affiliate program with immediate effect.

 

§ 8
Termination of contract

1.Entities applying for the Affiliate status have the right to resign from participating in the Affiliate program at any time. In order to resign, such entity shall inform ASDIRECT of their resignation via e-mail message sent to afilio@autodna.pl and a registered letter with a written statement of termination of Affiliate Contract to the address of ASDIRECT.

2.Affiliate Contract can be terminated in line with the conditions determined in it.

3.Should ASDIRECT cease to provide services by autoDNA website, in particular with respect to deleting the website or transfer of ownership of the website to another entity, the Affiliate program will be terminated on the day one of such occurrences takes place

 

§ 9
Liability

a)ASDIRECT shall not be liable for not being able to save the “cookie” file of an Affiliate after a potential customer has been redirected to the autoDNA website from the Affiliate website or blog.

 

§ 10
Final provisions

1.ASDIRECT reserves the right to change these Regulations. Changes to these Regulations will enter into force the day they are published on autoDNA website.

2.ASDIRECT shall inform the Affiliate of changing these Regulations. In case of such changes being adopted, the Affiliate has the right to terminate the Affiliate Contract within 14 days since the changes have come into force, by giving 30 days' notice.

3.ASDIRECT reserves the right to terminate or suspend the Affiliate program at any time, for convenience.

4.In case of any discrepancies between these Regulations and the provisions of the Affiliate Contract, appropriate provisions of the Affiliate Contract shall respectively apply.

5.Any disputes with regard to these Regulations or the Affiliate Contract shall be settled by the court having jurisdiction over the seat of ASDIRECT.

6.To all matters not settled herein appropriate provisions of the Polish law shall respectively apply, in particular with respect to the regulations of the Civil Code.

In the event of discrepancies between language versions the Polish version shall prevail.

 

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