Business terms and conditions of the Affiliate program

(hereinafter also only as "Terms")
of the business company

VOLSOR s.r.o.

Id. No.: 013 85 011
with its official address in Prague, Prague 1, Staré Město, Na Příkopě 392/9, postcode 110 00,
registered in the Commercial Registry, held by the Municipal court in Prague, section C, file 201387

I. Basic provisions

  1. These Terms of use of the Affiliate program are the integral part of the contract on cooperation that was concluded electronically (in form of sending of the filled registration form – proposal of the contract and by its acceptation) through the web pages under the domain www.volsor.com (hereinafter also only as "Contract"), concluded between the participant of the Affiliate program (hereinafter also only as "Partner") and the business company VOLSOR s.r.o., Id. No.: 013 85 011, with its official address in Prague, Prague 1, Staré Město, Na Příkopě 392/9, postcode 110 00, registered in the Commercial Registry, held by the Municipal court in Prague, section C, file 201387 (hereinafter only as "Entrepreneur"), the entrepreneur of the Affiliate program.
  2. The participation in the Affiliate program is based on the conclusion of the Contract and contains the Partner`s obligation to create the space at his web pages (specified in the Contract or subsequently held in the Partner`s user account) where he shall place the active elements and forms (hereinafter also only as "Promotion material") provided by the Entrepreneur.
  3. The provisions different to those stated herein can be agreed in the Contract. The different provisions agreed in the Contract prevail over the provisions of these Terms.
  4. The Entrepreneur can unilaterally change or alter the wording of Terms.

II. Definitions and interpretation of terms

  1. The term "Rules" means the Entrepreneur’s rules for the use of Affiliate program stated in these Terms as well as individually defined in the Contract.
  2. The term "Interested person" means, for the purpose of these Terms, the person who asks for the membership in the Affiliate program of the Entrepreneur.
  3. The term "Entrepreneur" means, for the purpose of these Terms, the business company VOLSOR s.r.o., Id. No.: 013 85 011, having its official address in Prague, Prague 1, Staré Město, Na Příkopě 392/9, postcode 110 00, registered in the Commercial Registry held by the Municipal Court in Prague, section C, file 201387, which operates the Affiliate program.
  4. The term "Partner" means, for the purpose of these Terms, the fully able and responsible natural person or the legal entity that is the owner or the user of the web page and at the same time, it has the fully registered active user`s account at the Entrepreneur.
  5. The term "web pages of the Partner" means, for the purpose of these Terms, the internet pages at which the HTML code will be placed and that are owned or used by the Partner and that the Partner has stated in the Contract or has subsequently added within his user`s account of the Entrepreneur`s Affiliate program.
  6. The term "HTML code" means, for the purpose of these Terms, the special code provided to the Partner by the Entrepreneur, after the insertion at web pages of the Partner it is displayed as the active elements and forms (Promotional material).
  7. The term "Promotional materials" means, for the purpose of these Terms, the active elements and forms in form of banners, icons, product boxes, text links and further formats that result from the placement of the unique HTML code at web pages of the Partner.
  8. The term "web pages of the Entrepreneur" means, for the purpose of these Terms, the web pages at which the special Promotional material is displayed.
  9. The term "Fully registered user`s account" means, for the purpose of these Terms, the user account at www.volsor.com that was created based on the valid concluded Contract between the Partner and the Entrepreneur and that was activated by its owner with the activation email.
  10. The term "End provider of services" means, for the purpose of these Terms, everybody whose goods or services are offered through the partnership network (Affiliate program) of the Entrepreneur and who has concluded the Contract of services provision with the Entrepreneur.
  11. The term "Visitor" means, for the purpose of these Terms, the person (user, applicant or customer) who is redirected to web pages of the End provider of services based on the Click on the Promotional material at web pages of the Partner or on the Promotional material at web pages of the Entrepreneur.
  12. The term "Click" means, for the purpose of these Terms, the action when the Visitor, who visited web pages of the Partner or web pages of the Entrepreneur, through the link legally placed on other web pages by the Partner, and who activated the link through the Promotional material and was subsequently redirected at web pages of the End provider of services.
  13. The term "Lead" means, for the purpose of these Terms, the Visitor, who was redirected at web pages of the End provider of services and who performed here a specific action filling of a form), detailed in the specific general contract on services provision.
  14. The term "Transaction" means, for the purpose of these Terms, the registration, login, purchase of goods or services or other action or event made by the Lead at web pages of the End provider of services according to instruction by the End provider of services and according to the general contract on services provision.
  15. The term "Traffic" means, for the purpose of these Terms, the general term for valid Visitors, Clicks, Leads and Transactions.

III. Registration, conclusion of the Contract and requirement on the Partner

  1. Any Interested person, being the fully able and responsible natural person or the legal entity and at the same time being the owner or the user of the web page can ask the Entrepreneur for the registration and subsequent participation in its Affiliate program.
  2. The registration for the Affiliate program of the Entrepreneur is made by creation of the user`s account of the Interested person, by conclusion of the Contract (by sending the filled registration form of the Interested person that is available at web pages of the Entrepreneur and by its electronic acceptation at the user`s account part of the Interested person by the Entrepreneur) and by acceptation of these Terms. At the moment of acceptation of the Contract draft and of confirmation of approval of these Terms the Interested person becomes the Partner.
  3. The Entrepreneur reserves the right not to disclose the reasons of refusal of the Contract draft. The refusal of the Contract draft acceptation will be sent to the interested person to its email address.
  4. Since the Contract conclusion the Partner is obliged to observe these Terms.
  5. Only fully able and responsible natural persons or the legal entities that are owners or users of web pages of the Partner can become the Partners provided they have the activated fully registered user`s account at the Entrepreneur at the same time.
  6. The persons whom the Entrepreneur cancelled the registration cannot become the Partner.

IV. Method of use of the Promotional materials and rights and obligations of the Partner

  1. The Partner undertakes to place the unchanged HTML codes provided by the Entrepreneur at his web pages and thus he creates the Partner`s Promotional materials at his web pages.
  2. The Partner undertakes to place at his web pages the only unique and unchanged HTML codes provided by the Entrepreneur and not to alter such HTML codes in anyway.
  3. The Partner is entitled to place maximally three HTML codes, as the Promotional materials, at his web pages. One page means the content of one screen, displayed as the separate page (including shifting in any direction using the frames). The Partner is obliged to use the unique HTML code provided by the Entrepreneur for every Promotional material.
  4. Every web pages of the Partner shall be owned or used by the Partner, always available to the Entrepreneur`s employees through the Internet, and not to evoke the doubts on its aspect or function.
  5. The Partner is entitled to place the link on other web pages that redirects the Visitor to web pages of the Entrepreneur or to web pages of the Partner provided that such link is placed on other web pages in accordance with legal regulations and with the approval of their owner or authorised user.
  6. It is forbidden, when the Promotional materials are inserted, to use the automatic redirection to other web page, the automatic opening of new browser windows (so-called autohits systems, pop-up, pop-under), or to load pages of the Entrepreneur into the so-called IFrame.
  7. The Partner is obliged to immediately update the Promotional materials based on the requirements of the Entrepreneur notified to the Partner through the user`s account.
  8. Any Partner must not place the Promotional Materials at web pages of which the content is in conflict with legal regulations or good manners, at web pages of pornographic character and web pages that mostly serve for displaying of promotion or such web pages that can impair the good reputation of the Entrepreneur and or the End provider of services.
  9. The Partner undertakes to operate his web pages of the Partner, at which the Promotional materials are to be placed, according to legal regulations and relevant social standards. The Partner declares that he is the person who is entitled to operate his web pages of the Partner, at which the Promotional materials are placed, and that he owns all necessary authorisations or licences related to the content and appearance of these web pages of the Partner. The Partner himself is responsible for the content and links at his web pages of the Partner.
  10. The Entrepreneur has the right, fully at his discretion, to interdict to the specific Partner to remove any Promotional materials places at web pages of the Partner, within the period of two working days.
  11. Any Promotional materials and documents, provided by the Entrepreneur to the Partner, are protected under the copyright law and trade mark law and can be used only in unchanged form and only under conditions stated in the Contract or these Terms.
  12. It is forbidden to the Partner to send Visitors and End providers of services the unasked emails, business notifications or other messages, through discussing groups, SMS, fax or post as well as through another telecommunication means. Any email that relates, anyhow, to the fulfilment of terms of the Contract or of these Terms, can be sent by the Partner only with the previous approval of the Entrepreneur and only in form and wording previously approved by the Entrepreneur.
  13. The Partner undertakes that his web pages of the Partner do not contain any material or links to it that are illegal, impairing the copyright law, trade mark and patent law, rights of trade names and related rights. The Partner must not in any way impair the good reputation of the Entrepreneur, Visitors nor End providers of services.
  14. The Partner must not remunerate the Visitors for viewing of Promotional materials placed at his web pages of the Partner and must not promise any remuneration to third parties for such action unless it is expressly approved in written by the Entrepreneur.
  15. The Partner must not develop any activities in order to increase the commission without authorisation.
  16. If the Entrepreneur suspects the Partner of the unlawful action the Partner expressly agrees that the Entrepreneur passes all his contacts information to the relevant state authorities.
  17. The Partner undertakes to abstain from displaying of the Promotional Material at his web pages of the Partner of which the title contains the registered trade mark of the Entrepreneur or of any his End provider of services unless he obtains the written approval for it from the Entrepreneur.
  18. The Partner undertakes to state all information on him in true and complete way and to inform the Entrepreneur on all facts that could influence the fulfilment of Partner`s obligations according to the Contract and these Terms, without undue delay after he gets knowledge of it, especially the Partner is obliged to notify the Entrepreneur that the criminal, court or other procedure is opened against him. The Partner undertakes to perform such measures that has access to this user`s account otherwise he is responsible for the action of such person.
  19. If the Partner breaches any of obligations stated in this article of Terms it is understood that the Partner has breached his obligations in the substantial way and unless it is provided otherwise in these Terms, the Entrepreneur is entitled to withdraw from the Contract.
  20. If the Partner breaches any of obligations stated in this article of Terms, the Entrepreneur is entitled to claim the contractual penalty from the Partner, amounting to CZK 100 000,- (in words: one hundred thousand of Czech Crowns), for every particular breach without the prejudice to the Entrepreneur`s title to claim the damages in full amount from the Partner. By concluding the contractual penalty the title to damages in full amount remains unaffected. The contractual penalty is due within ten (10) days after the date of written notification by the Entrepreneur is passed in person to the Partner or is delivered to the Partner through the user`s account. In addition, if the Partner breaches any duty given by this article of these Terms, the title of the Partner for so far unsettled commissions, registered at his user`s account and given by the article V. hereof, ceases.

V. Origin of the title for commission and its amount

  1. The title for the commission of the Partner origins when:
    1. the Transaction, exactly defined in the general contract on services provision and in the particular Partner`s user account, is performed,
    2. the control of relevancy of filled information is performed, especially as for the duplicity – if the identic action of the same Lead is found in the system, the remuneration is approved only for the first Partner who has redirected the Lead to the targeted action at the first time, and
    3. The Traffic is approved by the relevant End providers of services.
  2. Unless stated otherwise the Partner is entitled for the commission only after the Entrepreneur gets the remuneration related to the Traffic from the End providers of services.
  3. If the Lead returns the goods or services, or does not pay for it or cancel it, the title of the Partner to such relevant part of commission expires.
  4. The actual sum of commission to be paid to the Partner and the actual amount of Traffic are held at the user`s account of the Partner and are valid for the Partner.
  5. The commission settlement is made every calendar month whereas the minimum sum for commission payment is CZK 1 000,-. If the Partner does not reach such sum at his user`s account, the balance is transferred to the following period.
  6. The total sum to be paid is notified to the Partner through his user`s account.
  7. The commission shall be paid by the Entrepreneur:
    1. to persons carrying business or other persons who are entitled to issue invoices based on the tax document – the invoice sent electronically to the email of the Entrepreneur volsor.invoices@volsor.com. The issued invoice shall conform to all appurtenances of the due tax document and contain the used user`s name of the Partner and the period during which the commission was achieved. The sum of the commission is stated including all fees, taxes and VAT. The maturity of invoice is 30 days at least from the date of its delivery to the Entrepreneur.
    2. to persons who do not carry business based on the documents issued for the relevant sum of commission. The Partner is obliged to send this document electronically to the email of the Entrepreneur volsor.invoices@volsor.com. The maturity date is always 30 days at least from the date of its delivery to the Entrepreneur.
  8. The Partner is entitled to the commission payment (i.e. to send the invoice or the document according to the previous article) in case the request for the issuance of invoice or document is delivered to his user´s account, always sent at the beginning of month, if the total sum of commission for the last month reaches CZK 1 000,- at least. If the Partner gets the remuneration lesser than CZK 1000,- the request for the issuance of invoice or document is always sent for the last quarter of the calendar year, if the sum over CZK 1000,- is reached. The request of the issuance of the document always contains the exact sum of commission and the period in which it was obtained. The commission is always paid to the Partner through the bank transfer at the Partner´s account stated in the invoice or document delivered to the Entrepreneur. All invoices and documents must be delivered to the Entrepreneur till the 15th day of the month. The invoices or documents delivered after this date can be settled in the next month.
  9. The commission contains all incurred costs of the Partner related to his activity according to the Contract and these Terms.
  10. The commission is valid 12 months since the date when the commission was credited to the Partner`s user account. If the Partner does not ask for the commission in given period, the title for it expires.
  11. The Entrepreneur reserves the right to unsettle the commission (the title for the unsettled commission ceases), or to ask for its reimbursement (if it has been paid yet) if the Partner breaches the Contract and these Terms in the substantial way, mainly if he fills himself or through other persons the Promotional material with fictive data or data of persons who are not really interested in services or goods of the End provider of services or of such persons who are not able fulfil their obligations, without the approval of the relevant person (the title of the Entrepreneur to claim damages in full amount is not affected by this provision), if the Partner was sentenced for the intentional crime committed at the Entrepreneur and if the partner was sentenced for the crime committed in relation with the Partner`s action related to the Entrepreneur`s Affiliate program.
  12. The Entrepreneur reserves the right to suspend the payment of commission to the Partner if the Entrepreneur suspects the Partner for the unlawful action and if subsequently the criminal or other administration procedure is opened towards the Partner, until the final conclusion of the whole procedure.
  13. The commission will be calculated exclusively based on the records of the Entrepreneur whereas the data in statistics can be retroactively corrected, for example due to the mathematic error etc. No other measurement or statistics will be regarded and will have no effect within the Contract and these Terms.
  14. If the Partner intends to impeach any sum of the commission, he must notify the Entrepreneur in written at affiliate@volsor.com, within five (5) days from the notification of the relevant sum of the commission at the Partner`s user account. If the Partner fails to do so, he is not entitled to ask the commission for given period of another sum.

VI. Obligation of confidentiality

  1. If it is not stated otherwise in the Contract of these Terms, the Partner is obliged not to disclose nor to make available to any person, any information or materials, of any form, containing any information related to (i) the Entrepreneur, End providers of services, Visitors and Leads, especially to the sum of the commission according to the Contract, business secret, information on their activities, structure, economic results, know-how, business partners, personal data, customers, Transactions, financial situation and accounting results, plans and intentions or strategic decisions and statistics regarding the provided services or information for which the regal regulation prescribe the specific mode of confidentiality (especially the business secret, secret information, bank secret, service secret), (ii) the Contract and these Terms, including information on its existence, content or activities resulting in its conclusion and (iii) any information obtained in relation with the Contractual relation based on the Contract and with these Terms, or (iv) such information that are expressly determined as confidential by the Entrepreneur and End providers of services (hereinafter only also "Confidential information").
  2. The Confidential information does not mean such information that (i) is publicly available at the moment of the Contract signature, (ii) becomes publicly available after the Contract signature in other way than by using it in conflict with the Contract, or (iii) is provided to the Partner by a third party who is entitled for such information and is entitled to make it available or to use it.
  3. The Partner declares that he has not provided the Confidential information to any third party as per the date of the Contract conclusion.
  4. The Partner acknowledges that all Confidential information is and always remains in the ownership of the Entrepreneur, End providers of services, Visitors and Leads and the Partner will use the Confidential information only for the purpose of the Contract and not for any other purposes during the duration of the contractual relationship.
  5. The Partner undertakes not to disclose or make available the Confidential information to the third party, and not to use the Confidential information for himself, except for cases when (i) he gets the previous approval by the Entrepreneur or the End providers of services (ii) it is necessarily required by the mandatory legal regulations or (iii) it is expressly approved by the Contract or these Terms, within the approved scope. The obligations according to paragraphs 1. up to 5. of this clause of Terms form together the obligations of confidentiality (hereinafter only as "Obligation of confidentiality").
  6. The Partner undertakes to engage any person, who has or will have the access to the Confidential information in relation with the fulfilment of work tasks for the Partner, with the Obligation of confidentiality with the same scope and content as it is defined in these Terms for the Partner. Before any disclosure of the Confidential information to the third party the Partner is obliged to notify in advance the Entrepreneur on such disclosure.
  7. In case that (i) the Partner breaches any of obligations under this clause of these Terms or (ii) any declaration or engagements of the Partner contained in these Terms are to be shown and become untrue, inexact, incomplete, confusing, tricky or misleading, the Entrepreneur is entitled to ask the Partner to pay the contractual penalty amounting to CZK 1 000 000,- (in words: one million of Czech crowns) for every particular breach of obligations or declarations, whereas the title of the Entrepreneur to claim damages in full amount against the Partner is not affected. By the negotiation of the contractual penalty the claim for damages in full amount is not affected. The contractual penalty is due within ten (10) days from the date when the written notification of the Entrepreneur is delivered to the Partner or delivered to the Partner through the user`s account.
  8. If the Partner breaches any obligation stated in this clause of Terms it is considered as the Partner has committed the substantial breach and the Entrepreneur is entitled to withdraw from the Contract unless it is provided otherwise in these Terms. The obligations and rights (including contractual penalties) of the Partner, resulting from this clause of Terms remain valid even after the Contract termination as well as after when any contractual party or both contractual parties withdraw from the Contract.

VII. Personal data protection

  1. The Entrepreneur is entitled, according to relevant legal regulations, to administer personal data of natural persons within this scope: name, surname, title, address, Id. No., No. of the ID card, nationality, email, phone, for individuals carrying business also their name and surname, official address of business, ID, VAT No., business registration and for legal entities the business name, official address, ID, VAT No., provided by the Partner. These data are provided to the Interested Person in order to dully fulfil this Contract, during the whole duration of this Contract except for exceptions given by relevant legal regulations.
  2. The Entrepreneur is entitled to administer operational, personal or contact data during the whole duration of the contractual relationship between the Partner and Entrepreneur, as well as after the termination of such relationship provided it is necessary for the purpose of settlement of disputes, debts settlement or debts recovery or in order to fulfil another duties given by relevant legal regulations. At the same time the Entrepreneur is entitled to disclose the administered operational, personal or contact data to third parties if it is necessary for the due fulfilment of the Contract, for debts settlement or recovery, for solution of disputes or for reasons given by relevant legal regulations.
  3. The Partner agree with administration of its operational, personal or contact data by the Entrepreneur, within the scope and under terms given in the Contract and these Terms. The same approval is given by the Partner on behalf of the contact/authorised persons, nominated by him, that are to participate in the fulfilment of the Contract on the Partner`s side. The Partner is obliged to notify these contact/authorised persons on the scope and terms of administration of their personal/ contact information by the Entrepreneur whereas the Partner confirms that the personal/contact information of these persons are provided by him to the Entrepreneur fully according to relevant legal regulations. In addition, the Partner agrees with sending of business notifications from the Entrepreneur and with placing of his name and surname or business name on the web pages of the Entrepreneur.
  4. The partner agrees not to collect and store any personal data relating to Visitors and Leads.

VIII. Duration of the Contract and its termination

  1. The Contract is concluded for the indefinite duration.
  2. The Contract ceases or expires by:
    1. an agreement. Such agreement is concluded electronically within the user`s account the Partner by sending the request for Contract termination by the Partner or by the Entrepreneur and by the electronic acceptation of it by the other party. At the moment of the acceptation delivery (notification on the user`s account of the Partner) the Contract is terminated.
    2. giving the notice. The Contract can be terminated by any contractual party by sending a notice. The notice (also without any reasoning) can be done electronically within the user`s account of the Partner, by sending the notice. The notice period takes one month and it starts on the first day of the month following the notice sending.
    3. by withdrawal. The Partner is entitled to withdraw from the Contract electronically, within the user`s account of the Partner in case the Entrepreneur is more than sixty (60) days in delay with payment for commission. The Entrepreneur is entitled to withdraw from the Contract electronically, within the user`s account of the Partner, mainly in above stated cases, and also when the contents of web pages of the Partner is in conflict with legal regulations, good manners or these terms, when the Entrepreneur gets the information that the Partner acts in order to get unauthorised increased commission or when the Entrepreneur suspect the Partner to have breached any duty stated in the Contract or these Terms.
  3. In case any reason for the withdrawal from the Contract occurs, on the side of the Entrepreneur, the title of the Partner to be paid for unsettled commission of his user`s account expires.
  4. By cancellation or termination of the Contract no title for damages or no provision relating to these rights and obligations, resulting from its character the fact that it shall persist the Contract termination, expires.
  5. The Partner engages to remove from its web pages of the Partner all Promotional material within two (2) days at least from the termination or cancellation of the Contract. If the Partner breaches his obligations from the previous sentence of this paragraph, the Entrepreneur is entitled to claim the contractual penalty from the Partner amounting to CZK 100 000,- (in words: one hundred thousand of Czech crowns) for every started week under this obligation until the complete fulfilment of the above-mentioned obligation, whereas the right of the Entrepreneur to claim the full damages from the Partner is not affected by this. By concluding the contractual penalty the right for damage in full scope is not affected. The contractual penalty is due within ten (10) days from the delivery of the Entrepreneur`s notification on this matter to the Partner or when it is delivered to the Partner through the user`s account. In addition, if the Partner breaches his duty stated in the first sentence of this paragraph, the title of the Partner for the so far unsettled commission, stated for his user`s account, expires.

IX. Final provisions

  1. Governing law. The Contract and these Terms and legal relations resulting from them are exclusively ruled by the law and legal system of the Czech Republic.
  2. Disputes based on the Contract. All disputes resulting from the Contract and in relation with it (mainly disputes resulting from the Contract or disputes related to its breaching, cancellation or invalidity) shall be definitely decided by the Arbitration court at the Czech Chamber of Commerce and the Czech Agrarian Chamber according to its law by one arbiter nominated by the chairman of the Arbitration court.
  3. Changes of Terms. The Entrepreneur reserves the right to unilaterally change these Terms. The Entrepreneur is obliged to notify the fact of such change of Terms and publish their new wording within the user`s account of the Partner and at his web pageswww.volsor.com. The changes take effect the third (3.) day earliest from their publication at web pages of the Entrepreneur are valid for the specific Partner at the moment of his login at this user`s account.
  4. Separability. In case any provision of the Contract or these Terms is or becomes invalid, void or unenforceable, the other provisions remain valid, in effect and enforceable. The Contractual parties engage, in such case, to replace the relevant provision by a new one, valid, effect and enforceable having the content, meaning and economic effect the same or maximally similar to the original provision and conforming to the intentions of both contractual parties at the moment of the Contract conclusion.
  5. Expiration of rights. The rights resulting from the Contract or its breach expire after the period of six (6) years from the date when the right could be applied for the first time.
  6. Exclusion of certain regulations. The Contractual parties agree to exclude application the contra proferentem rule to the Contract.
  7. No adhesion Contract. The Contractual parties explicitly confirm that the basic terms and conditions of the Contract are a result of negotiation of contracting parties and each of the parties had an opportunity to affect the contents of the terms and conditions of the Contract.
  8. Aleatory contract. In order avoid any doubts it is stated that the Contractual parties consider this Contract as the Aleatory contract and thus the obligations resulting from it do not apply the provision of the Civil Code of the change of circumstances and of lesion beyond moiety, on the obligations arising from the Contract.
  9. Obligation for remedy of non-material damages. If the duty to pay the damages, the offender shall pay also the non-material damages.
  10. Interdiction of cession. The rights resulting from the Contract shall not be delegated without the previous approval of the other Contractual party.
  11. Validity and effect. These Terms entre into effect and are valid on the 15th September 2014.


In Prague, on the 15th September 2014

VOLSOR s.r.o.