General Terms and Conditions of the Affiliate Programme
General Terms and Conditions of the Affiliate Programme

Drafted in accordance with the provisions of § 273 of Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”).

These General Terms and Conditions of the Affiliate programme (hereinafter referred to as the “Terms and Conditions”) of Webglobe, a.s., with registered office at Stará Prievozská 1349/2, 821 09 Bratislava – Ružinov district, registered in the Commercial Register of the Municipal Court Bratislava III, section Sa, insert no. 6989/B, Company ID (IČO): 52 486 567, Tax ID (DIČ): 2121061899 (hereinafter referred to as the “Provider”),

govern the mutual rights and obligations of the contracting parties, i.e., the Provider as the principal and a natural person – entrepreneur or legal entity acting as an intermediary (hereinafter referred to as the “Partner”), arising from the Affiliate Programme Agreement (as defined below).

1. INTRODUCTORY PROVISIONS

1.1. The Terms and Conditions are an integral part of the Affiliate programme agreement concluded pursuant to § 642 et seq. of the Commercial Code in electronic form between the Provider and the Partner in accordance with article 1.4 of these Terms and Conditions (hereinafter the “Affiliate Programme Agreement”). The Affiliate Programme Agreement may be concluded exclusively by an entrepreneur with the Provider within the scope of their business activities.

1.2. The rights and obligations of the Provider and the Partner arising from the Affiliate Programme Agreement, as well as the process of concluding the Affiliate Programme Agreement, are primarily governed by these Terms and Conditions. If a matter is not regulated in these Terms and Conditions, the provisions of the Provider’s General Terms and Conditions of Use (hereinafter “GTC”), available at webglobe.com/terms, shall apply accordingly, in the wording effective at the time of concluding the Affiliate Programme Agreement, or in any subsequently amended wording in accordance with the GTC. The provisions of these Terms and Conditions shall take precedence over the provisions of the GTC.

1.3. The subject of the Affiliate Programme Agreement is the Partner’s obligation to promote the products and services offered by the Provider and to undertake activities aimed at concluding agreements between the Provider and third parties, and the Provider’s obligation to pay the Partner a commission for referred customers (hereinafter the “Affiliate Programme”). For this purpose, the Provider shall allow the Partner to promote the Provider’s products and services via text links and banners placed on the Partner’s websites, which will redirect to the Provider’s websites. Links and banners will be created exclusively by the Provider. The Provider reserves the right to modify advertising banners and texts.

1.4. The Partner’s participation in the Affiliate Programme arises upon conclusion of the Affiliate Programme Agreement, which is concluded at the moment the registration to the Affiliate Programme is completed through the User Interface and the Provider sends a confirmation e-mail to the Partner’s e-mail address confirming the registration.

2. DEFINITIONS

2.1. “Hypertext Link” means a unique and specific code assigned to the Partner by the Provider within the Affiliate Programme, which, once placed on the Partner’s Website, appears in the form of an advertising banner or text link directing to the Provider’s products or services.

2.2. “Misleading Advertising” has the meaning set forth in Article 3.4.

2.3. “Visitor” refers to any individual visitor of the Provider’s website whose arrival at the Provider’s website was mediated by the Partner via a Hypertext Link in accordance with the Terms and Conditions.

2.4. “Partner” has the meaning as defined in the introductory section of these Terms and Conditions.

2.5. “Provider” has the meaning as defined in the introductory section of these Terms and Conditions.

2.6. “Commission” represents a financial reward (remuneration) from the Provider to the Partner for mediating a Customer. The conditions for entitlement to the Commission and its amount are specified in these Terms and Conditions. “Affiliate Programme” has the meaning defined in Article 1.3.

2.7. “Advertising Space” refers to a banner, search panel or text link which results from the placement of a Hypertext Link on the Partner’s Website, where clicking on such a banner, search panel or text link redirects the user to the Provider’s website.

2.8. “Affiliate Programme Agreement” has the meaning set forth in Article 1.1.

2.9. “Website” means the internet site on which the Hypertext Link is placed, the domain of which is owned or operated by the Partner, must be permanently accessible to the Provider’s staff, and must constitute a completed site, i.e., not raising doubts about its appearance or the functionality of its parts.

2.10. “Customer” means any Visitor and any other person referred by the Partner (provided that the Contracting Parties have agreed on such referral in writing in advance), who orders the Provider’s services or products and pays the agreed price for them.

2.11. “GTC” has the meaning set forth in Article 1.2.

2.12. “Terms and Conditions” means these General Terms and Conditions of the Affiliate Programme.

2.13. Definitions in these Terms and Conditions beginning with a capital letter that are not defined in this article shall have the meaning assigned to them in the GTC.

3. CONDITIONS OF COOPERATION AND METHODS OF PROMOTION

3.1. The Partner undertakes to promote the products and services offered by the Provider and to carry out activities aimed at concluding agreements between the Provider and third parties. For this purpose, the Partner may place Advertising Space on Websites. If the Partner decides to place Advertising Space on Websites, they are required to do so solely through the assigned unique Hypertext Link. The Partner is also authorised to refer Customers by any other means that do not endanger the reputation or goodwill of the Provider (provided that the Contracting Parties have agreed in writing in advance on such other referral).

3.2. The Provider is obliged to pay the Partner a Commission in the amount and manner specified in Article 4 of the Terms and Conditions. The right to the Commission arises for the Partner only after the price for the Provider’s product or service ordered by the Customer has been paid (whether via the Hypertext Link or by other means, provided that in such case the Partner has been identified as the person facilitating the order of the Provider’s product or service and the Contracting Parties have agreed in writing in advance on such other referral). The Commission for the Partner must be recorded no later than 1 day after the Customer, mediated by the Partner, has paid for the Provider’s product or service.

3.3. Advertising Space must not be placed on a Website whose content:

  3.3.1. is contrary to generally binding legal regulations and/or public decency,

  3.3.2. is in conflict with the provisions of the GTC (3. c), is pornographic in nature,

  3.3.3. serves primarily to display advertisements,

  3.3.4. is intended to promote or disseminate extremist views, and/or

  3.3.5. may otherwise damage the good name of the Provider.

3.4. The Partner must not promote non-existent discounts or other special advantages not pre-approved by the Provider, which are intended to induce or encourage the Visitor to purchase or use the Provider’s services or products (hereinafter referred to as “Misleading Advertising”). In the event of a breach of this obligation, the Partner shall not be entitled to the Commission, and the Provider is entitled to withhold the relevant Commission for such referral, or to reduce any newly accrued unpaid Commission by the amount of any unjustified Commission received as a result of or directly connected to the Partner’s Misleading Advertising. If the Partner wishes to offer, promote, or provide a special advantage to Visitors (particularly a discount on the Provider’s service or product prices), the Partner is required to request the Provider’s approval for such a special advantage in advance. The Provider shall evaluate the Partner’s request and inform them of the outcome within 14 days. The Partner has no legal entitlement to the granting or approval of any discount or other special advantage.

4. PARTNER’S COMMISSION

4.1. The Partner is entitled to a recurring commission from each payment made by a referred Customer, amounting to 25% of the Customer’s paid price (excluding related fees, taxes, and expenses) for the SMTP Klerk service, 20% of the paid price (excluding related fees, taxes, and expenses) for web hosting packages, and 8% of the paid price (excluding related fees, taxes, and expenses) for VPS and servers. The commission is calculated based on the actual price paid by the Customer for the services or products referred by the Partner. The entitlement to the commission arises after the expiration of the money-back guarantee period provided by the Provider to its customers. The right to payment of the commission arises upon delivery of a notification from the Provider to the Partner by e-mail, specifying the payments of referred Customers pursuant to this Article, and upon fulfilment of other conditions under these Terms and Conditions (in particular sections 4.5 and 4.8).

4.2. The Provider shall continuously provide the Partner with an overview of transactions and Customer payments referred by the Partner via the Partner’s User Interface, in accordance with the Terms and Conditions.

4.3. The commission is tied to a specific order for the SMTP Klerk service / web hosting services / VPS / server and not to the Customer’s account as a whole. The Contracting Parties expressly agree to exclude the application of Sections 645 and 646 of the Commercial Code to their legal relationship arising from the Affiliate Programme Agreement or any other contractual relationship governed by the Terms and Conditions.

4.4. If the Partner does not refer a new Customer to the Provider in accordance with the Affiliate Programme Agreement, or in accordance with agreements on other forms of referral concluded under the Terms and Conditions, for a continuous period of 6 months, the commission rate from recurring Customer payments for the same service (for which commission has already been paid at least once) shall be reduced to 5% (from any of the rates stated in section 4.1 above), unless the Provider notifies the Partner in writing that it does not insist on such a reduction – in which case the original commission rate shall apply. If the Partner does not show any activity for a continuous period of 24 months, the Partner’s right to receive recurring commission for previously referred products or services shall expire.

4.5. The commission from the Provider is paid to a self-employed individual or legal entity authorised to issue tax documents, only based on an invoice containing all necessary elements of a tax document, sent by registered post to the Provider’s registered office or electronically to the e-mail address faktury@webglobe.sk. The invoice must meet all tax document requirements and include the Partner’s username used in the Affiliate Programme. The commission amount is calculated as a percentage of the price (excluding VAT and other costs or fees) actually paid by the Customer for the Provider’s product or service referred by the Partner. The commission is payable within 30 days from the date the invoice, meeting all the requirements set out in these Terms and Conditions, is delivered to the Provider. The supplier information stated on the invoice must match the Partner’s information in the Affiliate Programme.

4.6. Each Partner has the option to convert unpaid commission into Credit in accordance with the GTC, which can be used under the conditions set out in the GTC to purchase Provider’s services without additional approval, through the User Interface.

4.7. Unless explicitly stated otherwise in the Terms and Conditions, unpaid commission in the Partner’s account – or any part thereof – cannot be used for partial payment of prices for services provided by the Provider.

4.8. The right to commission payment arises for the Partner when the total commission reaches at least 40 EUR excluding VAT. The commission shall be paid to the Partner via non-cash bank transfer to the Partner’s bank account stated on the invoice delivered to the Provider. The commission includes all costs incurred by the Partner in connection with their activities under the Affiliate Programme Agreement and the Terms and Conditions.

5. FINAL PROVISIONS

5.1. The Provider reserves the right to unilaterally amend these Terms and Conditions for the Affiliate Programme, in a reasonable manner and in accordance with the rules for amending the General Terms and Conditions as set out in the GTC.

5.2. The duration and termination of the Affiliate Programme Agreement shall be governed appropriately by the provisions of the GTC.

5.3. These Terms and Conditions for the Affiliate Programme shall enter into force and effect on 1 March 2022.

5.4. These Terms and Conditions, as well as any rights and obligations arising from or in connection with them (including the Affiliate Programme Agreement), shall be governed by Slovak law.