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Agency Partner Program Agreement
AFFILIATE PROGRAM PUBLIC OFFER AGREEMENT
Affiliate Program Public Offer Agreement
2. The Subject of the Agreement
3. Actions of the Company and the Partner
4. Duration and Termination of the Agreement
5. Special Conditions and Responsibilities of the Parties
6. Legal Address and Details of the Company
Annex 1. Technical Conditions for the Operation of the Company’s Website
Annex 2. Procedure for the Calculation and Payment of Remuneration
Annex 3. Questionnaire for the Partner (individual)
Annex 4. Questionnaire for the Partner (legal entity and individual entrepreneur)
1.1. This document is a formal proposal (public offer) for the conclusion of an agreement between QuestinTour s.r.o., Business ID 06135803, officially registered at Vamberská 262, 19900 Praha 9, incorporated in the Commercial Register maintained by the Municipal Court in Prague, No. C 276809 hereinafter referred to as the Company, and affiliate program participant, hereinafter referred to as the Partner.
1.2 The public offer of the affiliate program (hereinafter referred to as the Agreement) is concluded in a particular order: acceptance and confirmation of this Agreement, containing all required conditions, without being signed by both parties. This Agreement has legal force in accordance with the law (Law No. 89/2012 Coll.) and is legally equivalent to an agreement signed by both parties.
1.3. The public offer and the conditions listed below in this Agreement are considered accepted after clicking the button by the Partner, as well as the use of the Affiliate program, the agent panel and the system for attracting users (hereinafter referred to as the Customer) through links with an individual unique number identifying the agent by the Partner. That is, the confirmation of the offer has equal legal force, as the conclusion of the Agreement on the conditions set out in the offer.
1.4. This Agreement is considered to be concluded from the moment it is confirmed by both parties and is valid until the fulfilment of all obligations under this Agreement.
1.5. In this Agreement, the Partner confirms its readiness to grant the rights to process data to the Company – this means the right to request, collect and store personal information and the right to transfer it to third parties, if necessary, to fulfil obligations to the Partner. This paragraph of the Agreement is considered subject to the provisions of the Law on Personal Data of the Partner’s personal data, which include information on the first, middle and last name, sex, age, telephone numbers or email addresses or other means of electronic communication, payment details, passport information (including copies of the passport and other documents provided by the Partner), if required for the execution of this Agreement.
2. The Subject of the Agreement
2.1 According to this Agreement, the Partner may attract Customers to the website, which is provided by the Company.
2.2. The Partner takes certain actions in accordance with the laws of the Czech Republic, which will help to attract Internet users to the Company’s website. The Partner’s actions to attract Customers to the website must meet the following conditions:
2.2.1. the use of spam is prohibited;
2.2.2. deception in advertising is prohibited;
2.2.3. overly intrusive advertisements and any other activities that undermine the reputation of this website are prohibited.
The acceptability and the possibility of using each method of website user engagement can be agreed with the Company.
3. Actions of the Company and the Partner
3.1. The Company:
3.1.1. must provide the Partner with access to the function which allows determining the number of Customers attracted by the Partner, as well as the number of orders paid by Customers attracted by the Partner;
3.1.2. must make every possible effort dependent directly on the Company to ensure the smooth operation of the website;
3.1.3. must take into account orders that are paid by Customers attracted by the Partner, in accordance with the technical conditions specified in Annex No. 1 “Technical Conditions for the Operation of the Company’s Website”;
3.1.4. must pay remuneration to the Partner, which is calculated in accordance with the terms of Annex No. 2 “Procedure for the Calculation and Payment of Remuneration”;
3.1.5. The Company shall not be liable in case the software systems of the Partner or the Customer attracted by the Partner stopped working, or in case of the occurrence of any interference that prevents the normal operation of the software systems.
3.1.6. The Company shall not be liable for damages caused by the actions of the Partner to third parties.
3.1.7. The Company shall not be liable for data loss and loss of profits related to the suspension or termination of the website services or the use of additional information from it.
3.2. The Partner:
3.2.1. takes actions that should help to attract Customers to use the website of the Company;
3.2.2. uses the function suggested by the Company that allows determining the number of Customers attracted by the Partner.
3.2.3. must in their work take into account the technical conditions listed in Annex 1. “Technical Conditions for the Operation of the Company’s Website”;
3.2.4. receives remuneration in accordance with Annex 2. “Procedure for the Calculation and Payment of Remuneration”;
3.2.5. must accept the capabilities, performance and results of the systems or software referred to in this Agreement and used by the Company to ensure the operation of the website and used by the Partner or Customers.
4. Duration and Termination of the Agreement
4.1. This Agreement enters into force from the moment the Partner clicks the button that confirms their consent to participate in the affiliate program and the actual registration in the Company’s program as a Partner.
4.2. The Partner has the right to unilaterally refuse to participate in the affiliate program by clicking the corresponding button in their personal account. In this case, the Partner is paid remuneration for all paid orders of the Customers attracted by him, in accordance with Appendix 2. “Procedure for the Calculation and Payment of Remuneration”, but with the minimum amounts for the withdrawal of funds specified in paragraphs 2.2. and 2.4. of Annex 2 to this Agreement.
4.3. The Company also has the right to terminate the Agreement with the Partner unilaterally, in case of violation of the current legislation of the Czech Republic by the Partner. In this case, the remuneration is not paid to the Partner.
4.4. The Company has the right to cancel the Agreement by notification to the Partner via the website. In this case, the Company pays remuneration for all paid orders of the Customers attracted by the Partner, in accordance with Annex 2. “Procedure for the Calculation and Payment of Remuneration”.
5. Special Conditions and Responsibilities of the Parties
5.1. The Company shall not be liable to the Partner if the Customers attracted by the Partner committed the actions that led to the removal of the Partner’s tag, on the basis of which the accounting system regards the Customers as attracted by the Partner. The factors that may interfere with considering the user as attracted by the Partner in the accounting system are the following:
5.1.1. internet security software;
5.1.2. Internet access control systems;
5.1.3. operating system Security Policy settings;
5.1.4. features of different software versions and devices used to access the Internet;
5.1.5. Customer actions that contribute to the removal of the Partner’s tag.
If it is impossible to identify the Partner’s tag for a specific Customer, the remuneration is not paid to the Partner.
5.2. If the Partner can prove the fact of attracting a Customer to the Company’s services, even though the accounting system didn’t identify this Customer, they have the right to notify the Company in writing.
5.3. The Company may consider the notification of the Partner, and in case of confirmation of information about the Customer provided by the Partner, assign the Customer to the Partner.
5.4. This Agreement may be modified and/or supplemented by the Company, including the remuneration of the Partner part, at any time during the term of the Agreement. The Partner is obliged to independently get acquainted with all the changes and/or additions to this Agreement.
5.5. This Agreement is governed by the laws of the Czech Republic. All disputes arising in connection with its execution must be referred to the Court of Arbitration of the Czech Republic.
6. Legal Address and Details of the Company
Company Name: QuestinTour s.r.o.
Registered office: Czech Republic, Prague, Vamberská 262, 199 00
Identification number: 06135803
Bank details:
Bank Name: Fio banka, a.s.
Bank Address: Millennium Plaza, V Celnici 10, 117 21 Prague 1, Czech Republic
Account number: 2101676447
Bank Code: 2010
IBAN: CZ40 2010 0000 0021 0167 6447
BIC / SWIFT: FIOBCZPP / FIOBCZPPXXX
Annex 1. Technical Conditions for the Operation of the Company’s Website
1. Technical Conditions for the Operation of the Company’s Website
1.1. Technologies used are technologies used by Internet users:
1.1.1. HTTP, Cookies, browsers.
1.2. The prerequisite is that the Customer must request the Company’s website page using the Partner’s unique URL, which contains the Partner’s tags.
2. Principles of Work
2.1. The Partner receives one or more special URLs, which contain the Partner’s tags on the website page.
2.2. Upon receiving a request with a Partner’s tag, the website saves it in the Customer’s browser.
2.3. When the Customer is registered on the Company’s website, this Customer is assigned to the Partner if the Partner’s tag is present in the Customer’s browser (that is, it was not intentionally or accidentally deleted).
3. Additional Terms
3.1. One browser can contain only one Partner’s tag at a time.
3.2. The first Partner’s tag through which the Customer came to the Company’s website is saved in the Customer’s browser. Thus, if the Customer came by clicking on the link of the Partner No 1, and after a while clicked on the link of Partner No 2, then at registration the Customer will be assigned to the Partner No 1, provided that between visiting the Company’s website by clicking on the link of the Partner No 1 and registration, the tag has never been removed.
3.3. The Partner’s tag is stored in the Customer’s browser for an unlimited period of time, and it is not intentionally deleted. The Partner’s tag can be removed intentionally or accidentally only by the Customer himself or by the software that the Customer uses. It can also be removed by other persons, programs or phenomena that are able to affect the Customer’s device, where the tag is stored.
Annex 2. Procedure for the Calculation and Payment of Remuneration
1. Conditions of Payment of Remuneration
1.1. The remuneration is paid by the Company to the Partner:
1.1.2. in the amount of 10% of the sum paid by the Customers of services attracted by the Partner, taking into account the requirements of Annex No. 1 “Technical Conditions for the Operation of the Company’s Website”. A reward of 10% is paid for the first tour purchased by a Customer. In future, the Customer is assigned to the Partner, and the Partner receives a reward of 10% from each subsequent tour purchased by this Customer.
1.2. The remuneration is paid in the event that completed questionnaire from Annex 3 and 4 were sent by the Partner to the Company’s email address.
2. Procedure for the Payment of Remuneration
2.1. The minimum amount of remuneration that can be paid to the Partner is 40 €. Payment is made by transfer to a bank account indicated by the Partner, minus the amount of bank charges.
3. Other Conditions
3.1. If the Partner is an individual, the Company does not deduct or pay the tax for the Partner. Thus, the Partner independently pays tax on the income from the Affiliate program.
3.2. By accepting the Agreement, the Partner thereby expresses his/her consent to the processing of personal data.
3.3. The date of fulfilment of the obligation to pay remuneration to the Partner by the Company is the date of debiting funds from the Partner’s current account.
Annex 3. Questionnaire for the Partner (individual)
Full name:
Date of birth (dd.mm.yyyy.):
Citizenship:
Passport details (No., series, by whom and when issued):
Registration address:
TIN:
PFR Number:
Beneficiary Bank Name:
Recipient’s current account:
Recipient’s BIC:
Correspondent account of the Recipient’s Bank:
TIN / KPP of the Recipient’s Bank:
Annex 4. Questionnaire for the Partner (legal entity and individual entrepreneur)
Name of legal entity:
TIN / KPP (for IE – TIN):
Legal address:
Recipient’s bank:
Recipient’s current account:
Correspondent account of the Recipient’s Bank:
BIC of the Recipient’s Bank:
TIN / KPP of the Recipient’s Bank:
Tel / Fax:
PSRN