Affiliate Programme General Terms and Conditions

(hereinafter also referred to as the "Terms and Conditions")
of 

VOLSOR s.r.o.

Company Id. No:  013 85 011
with its registered office in Prague, Prague 1, Staré Město, Na Příkopě 392/9, postal code 110 00, Czech Republic,
registered in the Companies Register kept by the Municipal Court in Prague, Section C, File 201387

I. Definitions and interpretation of terms

  1. The term “Affiliate Programme” means a form of business cooperation between the Operator and the Affiliate, the aim of which is to refer Clients to the Service Provider.
  2. For the purposes of these Terms and Conditions, the term “Operator” means the company VOLSOR s.r.o., with its registered office in Prague, Prague 1, Old Town, Na Příkopě 392/9, postal code 110 00, Company Id. No:  013 85 011, registered in the Companies Register kept by the Municipal Court in Prague under file No C 201387, which operates the Affiliate Programme.
  3. For the purposes of these Terms and Conditions, the term “Affiliate” means a natural person aged 18+, or a legal person that has entered into the Agreement with the Operator within the meaning of Article III. hereof, that has duly registered in the Affiliate Programme and the Operator has opened a user account for the Affiliate.
  4. For the purposes of these Terms and Conditions, the term “Client” means a natural person who wishes to be provided with the Services by the Service Provider and who, to this end, completes the Operator's Enquiry Form placed on the website owned or operated by the Operator, or the website owned or operated by the Affiliate, or otherwise expresses his/her interest in being provided with the Services, as a result of which the person will be redirected to the website of the Service Provider.
  5. For the purposes of these Terms and Conditions, the term “Potential Client” means a natural person whose identification, contact, descriptive and / or other data has been or will be provided by the Affiliate to the Operator, by one of the possible ways of cooperation defined by the Agreement or these Terms and Conditions.
  6. For the purposes of these Terms and Conditions, the term “Services” means financial services provided to Clients by the Service Provider, in particular short-term financial loans or credits, which may even be provided repeatedly.
  7. For the purposes of these Terms and Conditions, the term “Service Provider” means natural persons doing business or companies whose objects of business include, without limitation, provision of Services to Clients.
  8. For the purposes of these Terms and Conditions, the term “Affiliate’s Website” means a website owned or administered or operated by the Affiliate based on a valid legal title and duly connected to their Affiliate Programme user account by the Affiliate, on which the Affiliate will place Marketing Materials by means HTML codes.
  9. For the purposes of these Terms and Conditions, “Marketing Materials” means clickable marketing elements in form of banners, icons, product boxes, text links, forms and other formats resulting from the placement of the unique HTML code embedded in the Affiliate’s Website.
  10. For the purposes of these Terms and Conditions, the term “HTML Code” means the unique code assigned to the Affiliate by the Operator placed on the Affiliate’s Website, based on which the Marketing Materials will display.
  11. For the purposes of these Terms and Conditions, the “Operator’s Website” means the website owned or administered by the Operator where unique Marketing Materials are placed.
  12. For the purposes of these Terms and Conditions, the term “Lead” means the identification and contact details of the Client who has expressed its interest in being provided with the Services, i.e. the Client has completed the Enquiry Form and has been redirected to the Website of the Service Provider.
  13. For the purposes of these Terms and Conditions, the term “Transaction” means successful handover of the Lead to the Service Provider in line with the conditions specified based on the Affiliate's individual commission model.
  14. For the purposes of these Terms and Conditions, “API Traffic” means the manner in which the Leads are handed over by the Affiliate to the Operator. It is an automated form of electronic communication between the Affiliate and the Operator, excluding the element of human activity, the subject of which is the transmission of identification, contact details, descriptive and other data on the Potential Clients, i.e. those interested in being provided with the Services.
  15. For the purposes of these Terms and Conditions, the term “Enquiry Form” means form templates created by the Operator and placed on the Affiliate’s Website or the Operator's website, or third parties with the consent of the Operator, to which the Client has been redirected upon clicking on a link, and which serves to confirm the Client's interest in being provided with the Services, and to advise the Client on the personal data protection in compliance with the applicable legislation.
  16. For the purposes of these Terms and Conditions, the term “Landing pages” means the web pages on which the Marketing Materials are placed, i.e. the web pages to which users are redirected by the Affiliate.
  17. For the purposes of these Terms and Conditions, the term “Direct Offers” means specific enquiries for the Services to be provided by the Service Provider, displayed in the Operator's system.

II. Basic provisions

  1. These Terms and Conditions of the Affiliate Programme form an integral part of the cooperation agreement made by and between the Operator and the Affiliate, under which the Affiliate shall create an internet area for placement of the Marketing Materials, on the one hand, and the Operator shall provide the Affiliate with necessary cooperation to fulfil its contractual obligations and to pay the Affiliate the agreed remuneration for the provided Leads (hereinafter referred to as the “Agreement”).
  2. The Internet area for the placement of Marketing Materials means the a) Affiliate’s Website, b) sending links to third parties redirecting them to the Landing pages, c) promoting Marketing Materials by means of the API Traffic, and / or d) placing and advertising links to Marketing Materials anywhere on the internet, especially through advertising campaigns offered by platforms such as Google.com, Seznam.cz, Facebook.com, etc. For promotion of the Marketing Materials, the Affiliate shall only use one or some of the options expressly listed in Article II. (2) (a) to (d) of these Terms and Conditions.
  3. For the purpose of performing on the Agreement, the Affiliate may make use of so-called Direct Offers.

III. Execution of the Agreement, Registration in the Affiliate Programme

  1. The Agreement is deemed made at the moment when the Operator, the Affiliate having completed and sent the registration form located on the website  www.volsor.com, creates a user account within the Affiliate Programme, in other words when the Operator electronically accepts the registration form of the Affiliate and the identification and contact details sent by the Affiliate in the user’s interface.
  2. Only a legal person or a natural person who has reached the age of 18 years at the time of applying for the registration in the Affiliate programme may become the Affiliate.
  3. The Agreement is made only under the condition that the Affiliate has completed all the mandatory fields of the registration form, has expressed its consent to the Terms and Conditions, as amended, and has confirmed that the Affiliate has been acquainted with the personal data processing policy. 
  4. The Affiliates shall provide only true, complete and undistorted information about themselves, or about the legal person that they represent or in whose name they act as appropriately authorised to. 
  5. Furthermore, the Affiliate shall inform the Operator of any facts that could affect the Affiliate's ability to fulfil its obligations under the Agreement or comply with  these Terms and Conditions, immediately after becoming aware of such facts. In this context, it is the Affiliate's obligation to inform the Operator, including without limitation, of the fact that there have been any criminal proceedings or civil proceedings, the subject of which is a third party’s  claim for damages or for compensation of any other harm arising out of any breach of the Affiliate’s obligations in relation to personal data processing and protection, initiated against the Affiliate.
  6. Similarly, the Affiliate shall inform the Operator sufficiently in advance of any facts that could result into any damage on the part of the Operator. The Affiliate shall generally act in a fashion as to prevent damage, both on its part and in particular on the part of the Operator.
  7. The Operator reserves the right not to disclose the reasons for rejecting to accept of the Affiliate's application for registration in the Affiliate programme, or its request to enter into the Agreement. The Operator shall inform the Affiliate of the rejection of its application, for example in form of an e-mail message, an entry  in the user interface, or in any other suitable manner. 

IV. Rights and obligations of the Affiliate

A. General provisions

  1. The Affiliate is obliged to promote the Marketing Materials exclusively in the manner specified in Article II. (2) of these Terms and Conditions.
  2. The Affiliate shall promote the Marketing Materials exclusively in the original and unchanged form, i.e. in the state in which the Affiliate has been provided with them by the Operator. Similarly, to advertise the Services, the Affiliate shall use only the unique HTML codes in the original and unchanged form, except when the Affiliate needs to update the definition of the Service offered through the change in the HTML codes. The Affiliate shall only promote the Marketing Materials in the latest updated version. For this purpose, the Affiliate shall regularly update the versions of the already used Marketing Materials in its internet area.
  3. The Affiliate shall not act in breach with the laws or good morals, when promoting the Services. In particular, the Affiliate shall not send marketing communications to Clients in form of e-mails or SMS messages, to which the Affiliate has not obtained the appropriate consent. At the same time, the Affiliate is not entitled to contact Potential Clients through discussion groups on the internet or in any other similar fashion. In the event of a breach of the Affiliate's obligations pursuant to this paragraph, Article IV, point A of these Terms and Conditions, the Affiliate shall be liable for any damage caused to the Operator or any third parties; this shall not prejudice the Operator's right to contractual penalty pursuant to  Article V. hereof.
  4. The Affiliate shall regularly verify the identity of the Client in order to check the actual existence of the Client, or the validity of the data that he / she has entered (filled in) into the relevant Enquiry Form placed on the Affiliate's Website as the Potential Client interested in the Services.  The Affiliate shall not make up, fake and / or automatically generate Client’s data or to provide the Operator with false, modified, invalid or outdated Client’s information and data; such conduct is considered a material breach of the Agreement.
  5. The Affiliate shall not use so-called robots to complete the Enquiry Forms. The Affiliate acknowledges and undertakes to take any and all appropriate measures to ensure that the Enquiry Form is completed based on a free will of the Client, i.e. a person that who knowingly applies for a loan, or other products and services offered or provided by the Operator.
  6. The Affiliate may not change the form or content of the Enquiry Form in any fashion, in particular the relevant tick-boxes, which are an integral part of the Enquiry Form, serving to inform the visitors about their rights and obligations in relation to personal data processing and protection.
  7. The Operator further emphasizes and the Affiliate acknowledges that the following will be considered a material breach of the Agreement: any practices and conduct of the Affiliate that are not permitted in the legislation, the Agreement or these Terms and Conditions, including without limitation any conduct intended by the Affiliate to forge the statistics of the Affiliate Programme, and / or payment history data, or any other attempt by the Affiliate to tamper  or interfere with the operation of the Operator's system or possible attempt to destabilize the Operator's system, for example by attempting to overload it by sending excessive automated requests for feedback.

B. Website

  1. The Affiliate shall place the HTML codes, or the  Marketing Materials exclusively on the Affiliate’s Website. In this context, the Affiliate undertakes that each of the Affiliate's Website will be permanently and publicly accessible on the internet and that it will have the features of a completed website so that its appearance and functionality does not raise any doubts about the quality of the Services offered. If, for any reason, any of the Affiliate's Website fails to display, the Affiliate shall immediately notify the Operator in writing; such a notification shall include, in particular, the reason of the failure of the particular website, as well as the anticipated time when the website is back in operation. In the event that the Affiliate’s Website, on which the Marketing Materials were previously presented, is permanently removed from the internet, the Affiliate shall immediately, yet not later than within three (3) days remove the Marketing Materials from the domain, and the domain in question shall be removed from its user account if it has been opened by the Operator.
  2. The Affiliate shall not place the Marketing Materials on the websites whose content is in breach with the applicable laws or good morals, including without limitation, on any websites of pornographic nature, or on any websites that are primarily intended for displaying advertisements or on any websites that are not suitable due to their nature or may potentially harm the reputation of the Operator or the Service Provider.
  3. The Affiliate shall place the Marketing Materials exclusively on the Affiliate’s Websites owned by the Affiliate, or administered and / or used rightfully by the Affiliate on the basis of a valid legal title. As requested at any time by the Operator, the Affiliate shall provide the Operator with the valid legal title to use the website, including without limitation the Affiliate’s right to place the Marketing Materials on the website. In the event of a breach of the Affiliate's obligations pursuant to this paragraph of Article IV, point B hereof, the Affiliate shall be liable for the damage incurred by the Operator or by the third parties; this will not prejudice the Operator's right for payment of the contractual penalty pursuant to Article V of these Terms and Conditions.
  4. The Affiliate is responsible for the content of the Affiliate’s Website as well as for the links placed on the Website.
  5. The Operator reserves the right that the Marketing Materials or any part thereof and any other content placed on the Affiliate's Website be removed or modified as requested by the Operator. The Affiliate is obliged to act upon such request by the Operator without delay, yet not later than within three (3) days from the date of the receipt of such request.
  6. The Affiliate hereby acknowledges that all the Marketing Materials or any part thereof, including their design or concept, constitute an author's work within the meaning of relevant provisions of Act No. 121/2000 Sb., the Copyright Act, as amended, while being protected in accordance with relevant provisions of Act 441/2003 Sb., on Trademarks, as amended. The Affiliate shall use the Marketing Materials exclusively in the manner stipulated in the Agreement, or in the manner set forth in these Terms and Conditions; a breach of this obligation by the Affiliate will be considered by the Parties as a material breach of the Agreement.
  7. The Affiliate may not promise or provide to the Potential Clients any remuneration for viewing or accessing the Marketing Materials placed on or outside the Affiliate’s Website, and similarly may not promise or provide any remuneration to third parties for such conduct. The Affiliate acknowledges that any payment other than that subject of the agreement between the Affiliate and the Operator under the Agreement and these Terms and Conditions  and that the Affiliate may receive in connection with the use of the Marketing Materials constitutes unjust enrichment that must be released in favour of the Operator. Any breach of the Affiliate's obligations under this paragraph of Article IV Point B of the Terms and Conditions will be considered by the Parties as a material breach of the Agreement, and the Affiliate shall compensate the Operator for any damage that the Affiliate may cause in connection with the above obligation; this will not prejudice the Operator's right to the contractual penalty under Article V hereof.

C. Landing pages

  1. The Affiliate is authorized to place the Marketing Materials on Landing Pages.
  2. These Landing Pages may include (i) the Affiliate's Website where the Marketing Materials will be placed while using the formalized website design provided by the Operator to the Affiliate, and / or (ii) the Operator's Website to which the Affiliate redirects the traffic.
  3. The Affiliate may not indicate the Operator’s contact details or identification data on the Landing Pages which are, at the same time, the Affiliate’s Website, or to be precise, the Affiliate may not indicate any data that might give the impression that it is a website or domain operated or administered directly by the Operator, even though these Landing pages may be linked to the Operator's system. The contact details or identification data of the Operator may be indicated exclusively on the Landing Pages or domains owned or operated by the Operator.

D. API traffic

  1. The Affiliate may hand over the Leads to the Operator in form of API Traffic.
  2. The Affiliate undertakes that Leads that are automatically handed over to the Operator via API Traffic will contain the following:
    • Name and surname of the Potential Client;
    • Telephone number and e-mail address of the Potential Client;
    • The amount of the loan requested by the Potential Client;
    • Loan maturity;
    • Real user agent of the Potential Client;
    • The Affiliate´s Website URL, or the website on which the Potential Client completed the Enquiry Form, if the Lead has been obtained from the Enquiry Form completed by the Potential Client;
    • IP address of the Potential Client; and
    • any other fields depending on the selected product according to the current API documentation: https://www.volsor.com/panel/promo-tools/docs/.
  1. Upon receipt of the Lead and after the positive response of the Operator's server, the Affiliate shall redirect the Potential Client to the Operator's website to the URL address contained in the server's response in the redirect_url field.
  2. The Affiliate may hand over the Leads to the Operator in form of API Traffic only if it has the relevant consent from the Potential Client granted in a manner and to the extent required by the current applicable legislation.
  3. The Affiliate may / shall hand over to the Operator via the API Traffic only the Leads of the Potential Clients who actively demand or seek the opportunity to be provided with the Services within a relevant period of time. The Affiliate may not hand over to the Operator the Leads of those Potential Clients whose interest in the Services does not persist in the relevant time.  For the avoidance of any doubt, the Affiliate acknowledges that any it is not possible to consider as a Potential Client whose interest in the Services offered does not persist on the day of sending the Lead does not continue include any Leady for which the Affiliate will not be able to prove that the Client was interested in the service at the time of the loan application. (maximum 24 hours retroactively).

E. Other methods of promotion

  1. To the extent stipulated in the Agreement in connection with these Terms and Conditions, the Affiliate may promote the Marketing Materials freely on the internet, in particular on the servers google.com, seznam.cz, facebook.com, in form of paid campaigns (hereinafter referred to as the “Advertising Area”).
  2. The Advertising  Area must meet similar requirements as the Affiliate’s Website, i.e. it must be, inter alia, permanently accessible on the internet, the appearance of the websites on which the Advertising Area is located does not raise any doubts about the quality of the Services offered, and the content, or the theme of the website where the Advertising Area is located is not in breach with the laws or good morals.

F. Direct offers

In the case of Direct Offers, the Operator promotes offers for services of third parties - Service Providers through Marketing Materials with a special link identifying the Affiliate. No personal data is transferred while using Direct Offers. The Affiliate may promote Direct Offers legally in their unaltered form, for example through paid advertising campaigns in social media, websites, etc. The Affiliate must comply with the terms and conditions set by the Service Provider for the Direct Offer, i.e. the terms set forth in the applicable offer in the Volsor Client Section for the Affiliates.

 

V. Commission for the Affiliates

  1. The Affiliate becomes entitled to commission when: 
    1. Transaction, as defined in the General Service Agreement, has taken place.
    2. the information provided in the Enquiry Forms has been checked for relevance, especially in terms of double entries.
    3. the Traffic has been confirmed by the relevant End Service Provider.
  2. If the Lead returns the service or the goods or fails to pay for them or cancels the order, the Affiliate’s right to the relevant part of the commission ceases to exist.
  3. The outstanding amount of commission to be paid to the Affiliate and the outstanding amount of the Traffic are stated in the Affiliate’s user account and are binding on the Affiliate.
  4. The commission is billed for each calendar month; the minimum amount for the commission to be paid is CZK 2,500, or the following corresponding amounts in other currencies: PLN 400, EUR 100 or USD 120. If the Affiliate does not reach this minimum amount in its user account, the balance is transferred to the following period.
  5. The total amount of commission to be paid is displayed to the Affiliate in its user account. In order to pay the commission, the Affiliate shall:
    1. send a request for payment of the commission
    2. wait for the Operator to approve the request 
    3. send an invoice.
  6. The commission will be paid by the Operator: 
    1. to entrepreneurs or other persons authorized to issue tax documents, based on a tax document - invoice sent electronically to the Operator's email volsor.invoices@volsor.com. The issued invoice must meet all the requirements of a proper tax document and include the Affiliate’s username and the period for which the commission has been earned. The commission amount is inclusive of all taxes and applicable VAT. The maturity of the invoice is at least 30 days from the date of its delivery to the Operator.
    2. To non-entrepreneurs on the basis of a document issued for the relevant commission amount. The Affiliate is obliged to send this document electronically to the Operator's email volsor.invoices@volsor.com. The maturity is always at least 30 days from the date of its delivery to the Operator.
  7. The Affiliate becomes entitled to the payment of the commission (i.e. to send an invoice or a document pursuant to the preceding paragraph) if the Affiliate receives a request to issue an invoice or a document, which is always sent out at the beginning of each month when the total commission for the previous calendar month reaches at least CZK 2,500, or the following corresponding amount in other currencies: PLN 400, EUR 100 or USD 120. If the Affiliate’s commission earned does not reach CZK 2,500 a month, or the following corresponding amounts in other currencies> PLN 400, EUR 100 or USD 120, the request to issue an invoice or a document will always sent to the Affiliate for a period covering the past quarter of the calendar year, i.e. once in three months on the condition that the total amount exceeds CZK 2,500, or the corresponding amount in other currencies: PLN 400, EUR 100 or USD 120. The request to issue the document always states the exact amount of the commission and the period for which it has been earned. The commission will always be paid by bank transfer to the Affiliate´s bank account specified in the invoice or in the document delivered to the Operator. All invoices and documents must be delivered to the Operator by the 15th day of the month; invoices or documents delivered later may be paid in the next month.
  8. The commission includes all costs incurred by the Affiliate in connection with its activities under the Agreement and these Terms and Conditions.
  9. The commission is valid for 12 months from the date the commission was accrued to the Affiliate's user account. If the Affiliate does not request the commission within the stipulated period, the right of the Affiliate to be paid the commission will cease to exist.
  10. The Operator reserves the right not to pay the commission (the right to the outstanding commission ceases to exist), or to claim it back (if already paid) if the Affiliate breaches the Agreement and these Terms and Conditions in a material manner, including without limitation if the Affiliate fills in fictitious data on its own or through others or data of persons who are not actually interested in the services and goods of the End Service Provider, or of persons who are not able to fulfil their obligations, or without the relevant person being aware of that (this provision shall not prejudice the Operator's right to claim full damages), if the Affiliate has been finally convicted of an intentional offence committed against the Operator and if the Affiliate has been convicted of an intentional offence that has been committed in connection with the Affiliate's activities related to the Operator's Affiliate Programme.
  11. The Operator reserves the right to suspend payments of thecommission to the Affiliate if the Operator suspects that the Affiliate has been involved in any unlawful acts and subsequently criminal or other administrative proceedings have been initiated against the Affiliate, and the Operator may do so until the final and effective resolution of the proceedings.
  12. The commission will be calculated solely on the basis of the Operator's records and the data in the statistics may be corrected retrospectively, e.g. due to correction of a mathematical error, etc. No other methods of calculation or statistics will be accepted and will have no effect under the Agreement and these Terms and Conditions.
  13. If the Affiliate intends to dispute any amount of the commission, the Affiliate must notify the Operator via Intercom chat within five (5) days from the date of displaying the relevant amount of the commission in the Affiliate’s user account. If the Affiliate fails to do so, the Affiliate may not demand a commission of a different amount for the given period.

VI. Non-disclosure obligation

  1. Unless otherwise stipulated in the Agreement or these Terms and Conditions, the Affiliate shall keep confidential and not disclose to any person, any information, documents or any material in any form containing any information relating (i) to the Operator, Service Providers or Clients as well as the Leads, in particular, in relation to the amount of commission under the Agreement, trade secrets, information on their activities, structure, economic results, know-how, business partners of the Parties, personal data, clients, transactions, financial situation and financial statements, plans and intentions or strategic decisions and statistics of the services provided or information that must be handled under a special secret regime as provided for in the legislation (e.g. trade secrets, classified information, banking secrecy, professional secrecy (ii) to the Agreement and these Terms and Conditions, including the information about its existence, content or negotiation leading to its execution; and (iii) to any information that the Affiliate has learned in connection with the contractual relationship established by the Agreement and these Terms and Conditions, or (iv) to such information that is expressly designated as confidential by the Operator and the Service Provider (hereinafter also referred to as the  "Confidential Information").
  2. Confidential information is not information that (i) is publicly available at the time of execution of the Agreement, (ii) becomes publicly available upon execution of the Agreement in other manner rather than through publication or breaching  the Agreement, or (iii) is provided to the Affiliate by a third party that is entitled to such information and is authorized to disclose or use it.
  3. The Affiliate declares that as of the date of the execution of the Agreement the Affiliate has not disclosed any Confidential Information to any third party.
  4. The Affiliate acknowledges that all Confidential Information is and will always remain the property of the Operator, Service Providers, Clients and Leads and the Affiliate will use the Confidential Information only for the purpose of performing the Agreement and not for any other purpose during the duration of the contractual relationship.
  5. The Affiliate shall keep confidential and not disclose the Confidential Information to third parties in any way, or shall not use or make use of the Confidential Information for itself unless (i) the Affiliate has been granted a prior written consent by the Operator or the Service Provider to do so, (ii)  the Affiliate is required to do so based on the applicable legislation; or (iii) it is expressly permitted by the Agreement or these Terms and Conditions, to the extent permitted. The obligations under paragraphs 1 to 5 of this Article of the Terms and Conditions form part of non-disclosure obligation (hereinafter only the "Non-disclosure Obligation").
  6. The Affiliate shall bind all persons who have had or will have access to the Confidential Information while performing tasks for the Affiliate with the Non-disclosure Obligation to the same extent and with the same content as set forth in these Terms and Conditions for the Affiliate. Before providing the Confidential Information to a third party, the Affiliate shall inform the Operator of this fact.
  7. If (i) the Affiliate breaches any obligation under this Article of the Terms and Conditions or (ii) if any warrants and representations of the Affiliate contained in these Terms and Conditions prove or become false, inaccurate, incomplete, confusing, deceptive or misleading, the Operator may claim a contractual penalty of CZK 1,000,000 (in words: one million Czech crowns) to be paid by the Affiliate for each and every breach of the obligation or misrepresentation, without prejudice to the Operator's right to claim damages in full from the Affiliate. The agreed contractual penalty does not affect the right to compensation of the full damage incurred. The contractual penalty is payable within ten (10) days from the Operator's written request that has been personally handed over to the Affiliate or delivered to the Affiliate via the user account.
  8. If the Affiliate breaches any obligation stipulated in this article hereof, this will be considered a material breach, unless otherwise stipulated in these Terms and Conditions, and the Operator may withdraw from the Contract. The obligations (including contractual penalties) of the Affiliate under this article hereof will remain effective even after the termination of the Agreement, and even after the termination of the Agreement by withdrawal of either of the Parties or both the Parties.

VII. Protection of personal data

  1. The Parties acknowledge that the Operator is, within the meaning of Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "GDPR" or the "Regulation"), in the position of a personal data controller towards the Affiliate who is in the position of a data subject.
  2. The Operator processes the personal data of the Affiliate, namely its username, name and surname, password, telephone number, e-mail address and other contact details, the nationality of the Affiliate, postal address, bank details (bank account number) (hereinafter jointly referred to as the “Personal Data").
  3. The legal basis for the processing of the Personal Data by the Operator is stipulated in provisions of Article 6, (b) and (c) of the Regulation, as the processing in question is necessary (i) for the performance of this Agreement to which the Operator and Affiliate are a party and (ii) to comply with a legal obligation of the Operator.
  4. The purpose of the processing of the Personal Data is to fulfil the obligations under the Service Agreement, including without limitation, for the purpose of calculating the Affiliate's commission, proper bookkeeping, fraud prevention or business communication with the Affiliate for the purpose of performance of the Agreement.
  5. The Parties acknowledge that the Operator will provide the Personal Data for the purposes specified above to the following recipients:
    • Ondřej Staněk, IČ: 058 04 396, for accounting purposes;
    • company Collateral Accounting s.r.o., IČ: 068 03 814, with its registered office at 555/32, Hodkovičky, 147 00 Praha 4, for application administration purposes;
    • Intercom, for the purposes of providingtelephone and chat communications; and
    • Postmarkapp, for the purposes of sending transactional emails, etc.
  1. The Operator represents that it has taken any necessary organizational and technical measures to secure the processing of the Personal Data in order to prevent its accidental or unlawful destruction, loss, alteration or misuse by third parties.
  2. The Operator processes the Personal Data only for the time necessary to fulfil the purpose of the processing. The Operator shall proceed with the destruction of the Personal Data without any delay after the purpose of its processing ceases to exist, however, not later than within one (1) month after the purpose of its processing ceased to exist.
  3. The Parties acknowledge that the provisions of Article VII hereof constitutes, by its nature, information intended for the data subject on the processing of its Personal Data within the meaning of Article 13 of the Regulation. By acceptance of these Terms and Conditions, the Affiliate confirms that it has been fully informed of the processing of the Personal Data and of its rights in relation to the processed data by the lawyer of the Operator.

VIII. Duration and termination of the Agreement

  1. The present Agreement is made for an indefinite period of time.
  2. The Agreement may be terminated for one of the legal reasons below.
  3. Termination of the Agreement by agreement. The Parties may terminate this Agreement by mutual agreement.
  4. Termination of the Agreement by notice Either Party may terminate this Agreement by written notice, even without stating the reasons.
  5. Withdrawal from the Agreement The Operator may withdraw from this Agreement if the content of the Affiliate's Website is in breach with the laws , good morals or these Terms and Conditions, if the Operator learns that the Affiliate has engaged in any activity leading to unauthorized increase of the commission or when the Operator suspects that the Affiliate  has breached its obligations specified in the Agreement or in these Terms and Conditions. In the event that any of the reasons for withdrawal from the Agreement by the Operator materialises, the right of the Affiliate to be paid any outstanding commission specified in its user account shall cease to exist.
  6. The termination or cancellation of the Agreement shall not prejudice the right to claim damages or any provisions related to those rights and obligations which, by their nature, imply that they shall survive the termination of the Agreement.
  7. The Affiliate shall remove all the Marketing Materials from its website no later than within two (2) days from the termination of the Agreement. If the Affiliate breaches the obligation stated in the previous sentence hereof, the Operator may claim a contractual penalty of CZK 100,000 (in words: one hundred thousand Czech crowns) for each and every started week in delay with this obligation until the obligation is fully complied with; this will not prejudice the right of the Operator to claim damages in full amount against the Affiliate. The agreed contractual penalty does not affect the right to compensation of the full damage incurred. The contractual penalty is payable within ten (10) days after the Operator's request in this respect has been personally delivered to the Affiliate or delivered to the Affiliate through the user account. In addition, if the Affiliate breaches the obligation stated in the first sentence of this paragraph hereof, the Affiliate's right to the payment of the outstanding commission specified in its user account ceases to exist.

IX. Affiliate's liability

  1. For the purposes of the Agreement, the Affiliate may conduct only those acts that are in accordance with the legislation of the European Union as well as in accordance with the other regulations of the European Union of recommending nature, with the laws of the Czech Republic, as well as with other terms agreed between the Affiliate and the Operator.
  2. The Affiliate will be liable for the breach of its obligations under these Terms and Conditions.
  3. Beyond the foregoing, the Affiliate and the Operator confirm that they have agreed to transfer the Operator’s liability to the Affiliate in respect of any claims by third parties when caused due to the Affiliate’s conduct in breach with the laws and/or these Terms and Conditions; Similarly, the Affiliate assumes liability for any claims of third parties raised in connection with data, information or details provided by the Affiliate to the Operator.
  4. The Affiliate hereby undertakes to compensate third parties for any potentially unlimited damage, including its accessories and penalties related to such damage, as well as to resolve and settle any litigations with the third party, even in cases where based on the existing relationship between the Operator and the third party, the obliged to make such a payment should be the Operator. The Affiliate hereby acknowledges and agrees that the person liable in such cases changes, and the Affiliate automatically assumes the legal status of the Operator as the obliged party. The transfer from the Operator to the Affiliate concerns strict liability, i.e. liability regardless of the type and extent of the fault on the part of the Affiliate; the Affiliate and the Operator exclude all reasons for release from this liability on the part of the Affiliate pro futuro. 
  5. In the event of a breach of the Affiliate's obligations under provisions of Article IX  of these Terms and Conditions, the Operator is entitled to withhold the amount corresponding to the Affiliate’s commission to be paid, in accordance with the provisions of Article V hereof. Similarly, the Operator may unilaterally offset the Affiliate's claim for payment of commission against the damage that the Operator may incur in connection with a breach of the Affiliate's obligations under the Agreement.

X. Contractual penalty

  1. It was agreed between the Operator and the Affiliate that in the event of a breach of the below stated provisions by the Affiliate, the Operator undertakes to pay the Operator a contractual penalty in the agreed amount. The payment of the contractual penalty will not affect the Operator's right to claim compensation from the Affiliate for any harm incurred as a result of the Affiliate's breach of the contractual obligation, even if the amount of such damage is lower than the amount corresponding to the contractual penalty.
  2. The contractual penalty, or contractual penalties agreed in these Terms and Conditions are payable within ten (10) days from the moment when the request for payment of the contractual penalty was delivered to the Affiliate, or within ten days from the moment when the Affiliate was informed of such a claim by the Operator in an appropriate fashion, for example via e-mail or through the Operator's system, i.e. in the Affiliate’s user account.
  3. In the event of a breach of the Affiliate's obligation stipulated in Article II (2) hereof, the Affiliate shall pay the Operator a contractual penalty of CZK 500,000.
  4. In the event of a breach of the Affiliate's obligations set forth in Article III (5) and (6) hereof, the Affiliate shall pay the Operator a contractual penalty of CZK 250,000.
  5. In the event of a breach of the Affiliate's obligation set forth in Article IV of these Terms and Conditions, the Affiliate shall pay the Operator a contractual penalty of CZK 1,000,000.
  6. In the event of a breach of the Affiliate's obligations set forth in Article VII hereof, the Affiliate shall pay the Operator a contractual penalty of CZK 1,000,000.

XI. Final Provisions

  1. Governing law. The Agreement and these Terms and Conditions and the legal relations arising therefrom are governed exclusively by the Czech law and the legal order of the Czech Republic.
  2. Disputes arising out of the Agreement. All disputes arising out of and in connection with the Agreement (including disputes arising out of the Agreement or disputes concerning its violation, termination or invalidity) will be finally resolved by one arbiter appointed by the President of the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic, in line with its procedural rules.
  3. Amendments to the Terms and Conditions. The Operator reserves the right to unilaterally change these Terms and Conditions. The Operator is obliged to announce the fact that the Terms and Conditions have been changed, and publish their new updated wording in the Affiliate user account, at www.volsor.com, or in another suitable manner. The changes will come into effect no earlier than on the third (3rd) day from their publication on the Operator's website and towards the particular Affiliate at the moment of its logging into the user account.
  4. Separability. If any provision of the Agreement or of these Terms and Conditions is or becomes invalid, ineffective or unenforceable, the remaining provisions shall remain valid, effective and enforceable. In such a case, the Parties undertake to replace the provision in question with a valid, effective and enforceable provision which, as regards its content, meaning and economic impact, corresponds as far as possible to the original provision and the intention of both Parties on the date of execution of the Agreement.
  5. Limitation of rights. The rights arising out of or in breach of the Agreement will become statute-barred in six (6) years from the date on which the right may be exercised for the first time.
  6. Exclusion of certain provisions. The Parties exclude the application of the contra proferentem rule in the Agreement.
  7. No boilerplate contract. The Parties expressly confirm that the key terms and conditions of the Agreement resulted from the negotiations between the Parties and each of the Parties has had the opportunity to influence the content of the key terms and conditions of the Agreement.
  8. Aleatory agreement. For the avoidance of any doubt, it is stated that the Parties consider the Agreement to be an aleatory one and therefore the provisions of the Civil Code on changing circumstances and disproportionate shortening do not apply to obligations arising therefrom.
  9. Obligation to compensate for injury. Should an obligation to compensate for damage arise, this shall include also compensation for any injuries caused by the perpetrator. 
  10. No assignment. Rights arising out of the Agreement may not be assigned without the prior consent of the other Party.
  11. Force and effect. These Terms and Conditions enter into force and effect on March 1st  2020.