Terms of service

§1

Preliminary Provisions

The PUBLISHER TERMS AND CONDITIONS for the webePartners Platform (hereinafter also referred to as the “Terms and Conditions”) set out, in particular, the rules for the use of the Platform by Publishers, the terms and procedure for establishing and carrying out cooperation between the Publisher, the Advertiser and webePartners, as well as the rights and obligations of the Parties related to participation in Affiliate Programs and the performance of Offers. The Terms and Conditions also specify the method of settlement with Publishers, the rules for filing and handling complaints, and the remaining terms for the provision of electronic services by webePartners.

During registration on the Platform, the registering user confirms that they have read and accepted the Terms and Conditions.

§2

Definitions

The following definitions shall have the following meanings (also in relation to the labels used in the Platform system):

Agreement – an agreement for the provision of electronic services, concluded between the Publisher and webePartners upon the Publisher’s registration on the Platform. The subject matter of the Agreement is the Publisher’s use of the Platform on the terms set out in these Terms and Conditions.

webePartners or Processor – webePartners sp. z o.o., with its registered office in Wrocław (52-423), ul. Jana Stanki 2, correspondence address: ul. Grabiszyńska 151, 53-434 Wrocław, NIP: 8982223087, REGON: 365121198, entered in the register of entrepreneurs of the National Court Register under KRS No. 630899, maintained by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, share capital: PLN 500,000.00.

Publisher – a natural person with full legal capacity, a legal person, or an organisational unit without legal personality, undertaking cooperation with an Advertiser on the Platform for the purpose of carrying out advertising activities and presenting and recommending products or services for Advertisers.

Platform, Affiliate Network – software owned by webePartners, consisting of modules forming a comprehensive Service, through which the Publisher, within the Publisher Account, may in particular join and carry out activities under Affiliate Programs in affiliate marketing.

Service – the entirety of functionalities made available within the Platform by webePartners.

Publisher Account – a set of resources and functionalities in the Platform’s ICT system, identified by a Login and Password, created automatically upon the Publisher’s self-registration on the Platform, through which the Publisher cooperates with Advertisers.

Advertiser – a natural person with full legal capacity, a legal person, or an organisational unit without legal personality, operating the Advertiser’s Website (offering online sales of products or services), using the Platform for the purpose of distributing its assortment through Publishers; in specific cases, an Advertiser may also be a person without legal capacity, subject to fulfilment of certain conditions.

Affiliate Program – a program created on the Platform for the Advertiser’s Website, the purpose of which is to increase sales on the Advertiser’s Website through cooperation with Publishers using Affiliate Tools.

Offer – a proposal for cooperation prepared by the Publisher via the Platform, containing detailed terms for the Publisher’s advertising activities, including the cooperation model, method of performance, Offer Value, and any additional arrangements; an Offer constitutes the basis for establishing cooperation between the Publisher and the Advertiser solely within the FLAT FEE, FLAT FEE + CPS (COST PER SALE), BARTER, or BARTER + CPS (COST PER SALE) models; an Offer does not constitute an offer within the meaning of Article 66 §1 of the Polish Civil Code.

Publisher’s Website or Publisher’s Advertising Space – online spaces in which the Publisher carries out advertising activities and presents and recommends the Advertisers’ products and services using Affiliate Tools.

Advertiser’s Website – the Advertiser’s website indicated by the Advertiser in the Platform system.

Active Cooperation – cooperation undertaken by the Publisher with the Advertiser on the webePartners Platform, commencing when the Publisher is accepted into the Advertiser’s Affiliate Program or when the Publisher accepts the Advertiser, depending on the selected cooperation model.

Affiliate Tools – tools (affiliate links, product widgets, banners, XML files, etc.) made available on the Platform and used by Publishers for carrying out advertising activities and presenting and recommending the Advertisers’ products or services, in particular tools redirecting directly to the Advertiser’s Website.

Transactions – sales transactions for services or products to the Advertiser’s end customers, carried out on the Advertiser’s Website during the Cookie Lifespan.

Tracking System – the webePartners IT system used to track traffic and sales generated through the use of Affiliate Tools on the Advertiser’s Website.

Cookie Lifespan – the period during which transactions made on the Advertiser’s Website are counted as Transactions on the basis of which the Commission is calculated, counted each time from the moment the Buyer enters the Advertiser’s Website using an Affiliate Tool.

Buyer – a natural person, legal person, or organisational unit without legal personality who has reached / been redirected to the Advertiser’s Website using Affiliate Tools.

End Customer – a natural person, legal person, or organisational unit without legal personality, being a Buyer, who has completed a Transaction on the Advertiser’s Website during the Cookie Lifespan.

Offer Value – the amount determined by the Publisher representing the Publisher’s expectation as to the amount of the FLAT FEE Remuneration or the BARTER Value, constituting the starting point for determining, within the Platform system, the final FLAT FEE Remuneration or BARTER Value between the Publisher and the Advertiser under the FLAT FEE, FLAT FEE + CPS (COST PER SALE), BARTER, or BARTER + CPS (COST PER SALE) models.

Commission – an amount expressed in PLN, constituting a specified percentage of the gross value of generated Transactions excluding shipping costs, in accordance with the terms of the applicable cooperation model.

Commission Payable – the Commission paid by the Advertiser, constituting the Publisher’s remuneration.

FLAT FEE Remuneration – the amount paid by the Advertiser, constituting the Publisher’s remuneration for the performance of an Offer relating to FLAT FEE under the FLAT FEE or FLAT FEE + CPS (COST PER SALE) cooperation models.

webePartners Commission – the remuneration due to webePartners for the Services, determined between webePartners and the Advertiser and borne exclusively by the Advertiser, regardless of the cooperation model.

Prohibited Keywords – words / phrases / expressions, etc., which the Publisher may not use in paid advertising activities carried out by the Publisher.

Brand Bidding – words / phrases / expressions, etc., containing legally protected terms belonging to the Advertiser, in particular such as the Advertiser’s trademarks, the Advertiser’s brand name, the names of the Advertiser’s Website together with any misspellings, as well as any other proprietary names of the Advertiser, which the Publisher may not use in paid advertising activities carried out by the Publisher.

Black Hat SEO – a method of positioning Advertisers’ Websites by using unethical methods (in particular consisting in manipulating search engine algorithms) in order to obtain high positions in search results, often contrary to search engine guidelines.

Cooperation Models:

CPS (COST PER SALE) Model – a cooperation model between the Advertiser and Publishers in which the Advertiser pays the Commission and the webePartners Commission specified in these Terms and Conditions for a Transaction completed in the Store by a Buyer redirected from the Publisher’s Website / Publisher’s Advertising Space through an Affiliate Tool.

CPC (COST PER CLICK) Model – a cooperation model between the Advertiser and Publishers in which the Advertiser pays a fixed fee and the webePartners Commission specified in these Terms and Conditions for redirecting a Buyer to the Store from the Publisher’s Website / Publisher’s Advertising Space through an Affiliate Tool, without the Buyer being required to complete a Transaction; activation of the CPC Model requires the consent of webePartners.

CPCO (COST PER CODE) Model – a cooperation model between the Advertiser and Publishers in which the Advertiser pays the Commission and the webePartners Commission specified in these Terms and Conditions for a Transaction completed in the Store by a Buyer using a Discount Code; activation of the CPCO Model requires the consent of webePartners.

FLAT FEE Model – a cooperation model in which the Advertiser pays the FLAT FEE Remuneration agreed in the Platform system and the webePartners Commission specified in these Terms and Conditions for selected advertising activities offered by the Publisher or for making the Publisher’s Advertising Space available to the Advertiser.

FLAT FEE + CPS (COST PER SALE) Model – a cooperation model in which, with respect to the FLAT FEE element, the Advertiser pays the FLAT FEE Remuneration agreed in the Platform system and the webePartners Commission specified in these Terms and Conditions for selected advertising activities offered by the Publisher or for making the Publisher’s Advertising Space available to the Advertiser; with respect to the CPS (COST PER SALE) element, the Advertiser additionally pays the Commission and the webePartners Commission specified in these Terms and Conditions for a Transaction completed in the Store by a Buyer redirected from the Publisher’s Website / Publisher’s Advertising Space through an Affiliate Tool, provided

§3

Registration and Use of the Platform

In order to use the Platform Services, the Publisher is required to have:

• Internet Explorer version 8 or later, Mozilla Firefox version 25 or later, Google Chrome version 30 or later, Opera version 8 or later, or the latest version of Safari;
• an active and properly configured email account;
• a bank account.

Registration of the Publisher Account takes place by completing the electronic form available at http://panel.webepartners.pl/Account/Register. During registration, the Publisher creates its own login and password.

If the correspondence address is different from the registered office address, the Publisher is also required to provide the correspondence address. In the case of legal persons, the Publisher is also required to indicate the details of the person authorised to represent it.

After registration, the Publisher will receive an activation link for the Publisher Account at the email address provided during registration. Upon clicking the activation link, the Publisher Account is created automatically.

The Publisher Account provides access to all Affiliate Programs of Advertisers that are currently available on the Platform.

In order to apply to join Affiliate Programs or submit Offers, the Publisher is required to provide a description of its business activity, the address(es) of the Publisher’s Website(s) and/or the Publisher’s Advertising Space(s), as well as a description of the intended activities aimed at increasing sales on the Advertiser’s Website through the use of Affiliate Tools.

A Publisher may also be an entity operating an affiliate network separate from the webePartners Affiliate Network, provided that such entity may engage, within the framework of Affiliate Programs on the Platform, only publishers conducting content marketing activities; in particular, publishers from groups of discount or marketing services where the traffic source cannot be documented are excluded.

Registration and use of the Platform are free of charge.

The Publisher bears sole responsibility for the data made available on the Platform, in particular for its accuracy and completeness. If any data provided during registration changes, the Publisher is required to update it.

§4

Publisher Activities

Affiliate Program

The Publisher shall have the right, via the Platform, to apply to join Affiliate Programs under the cooperation models specified by Advertisers, for the purpose of increasing sales on the Advertiser’s Website through the use of Affiliate Tools (the cooperation models specified by the Advertiser do not constitute an offer within the meaning of Article 66 §1 of the Polish Civil Code).

The terms of Affiliate Programs shall be determined by the Advertiser. The Advertiser shall have the right to amend the terms of an Affiliate Program at any time; however, such amendments shall have effect only for the future and shall not affect any rights and obligations acquired by Publishers prior to the effective date of such amendments. The Publisher shall be informed of amendments to the terms of Affiliate Programs by email.

By applying to join an Affiliate Program, the Publisher accepts the terms of that Affiliate Program, subject to the possibility of amendments to the terms of Affiliate Programs in accordance with paragraph 2 above.

Upon receiving the Publisher’s application to join an Affiliate Program, the Advertiser shall have the right to decide whether to accept or reject the Publisher.

Only after being accepted by the Advertiser into the Affiliate Program shall the Publisher have the right to use Affiliate Tools on the Publisher’s Advertising Spaces.

After accepting the Publisher into an Affiliate Program, the Advertiser shall have the right to remove the Publisher from the Affiliate Program, in particular if the Publisher fails to comply with these Terms and Conditions, the rules of the Affiliate Program, or if the Publisher’s activities are inconsistent with the Advertiser’s marketing strategy.

Offer

Via the Platform and using a dedicated generator, the Publisher shall be entitled to propose, as part of an Offer, specified cooperation models. The proposed cooperation models may be used exclusively by Advertisers who have an active Affiliate Program on the Platform.

In selected cooperation models, the webePartners Commission shall be automatically added to the Offer Value determined by the Publisher in the Offer. The total amount, including both the Offer Value and the webePartners Commission, shall constitute the Offer price for the Advertiser.

The Advertiser may express interest in a specific Offer submitted by the Publisher by clicking the “Accept” button available on the Platform within the relevant Offer.

Expression of interest in accordance with paragraph 9 above shall constitute the Advertiser’s proposal to establish cooperation under the indicated Offer.

The Publisher may accept or reject the proposal for cooperation.

Cooperation under a given Offer shall commence when the Publisher accepts the proposal for cooperation, provided that, with respect to Cooperation Models containing a FLAT FEE or BARTER element, the Publisher shall perform the Offer only after the pro forma invoice has been paid by the Advertiser.

After the Publisher has performed the Offer:

• the Publisher shall be obliged to mark the Offer in the Platform system as completed;
• completed Offers shall be assigned the status “payable”.

Publisher Activities

For the purpose of carrying out advertising activities and presenting and recommending products or services, the Publisher may use, as made available on the Platform, the Advertiser’s company name, brand, product names, as well as graphic signs such as the company logo and images of products from the Advertiser’s offer, subject to the prohibition on Brand Bidding activities.

The Publisher shall be obliged to clearly, unambiguously, and comprehensibly label the materials referred to in paragraph 14 that the Publisher uses in its activities. webePartners and the Advertiser shall not be liable for incorrect labelling or failure to label materials on the Publisher’s Website or the Publisher’s Advertising Space.

The Publisher undertakes to:

• cooperate on the Platform solely for the benefit of Advertisers;
• refrain from using Affiliate Tools in any manner that may reduce the functionality of the Advertiser’s Website;
• place on the Publisher’s Website or the Publisher’s Advertising Space current, complete, professional, and non-misleading information concerning the Advertiser and its offer;
• ensure the ongoing updating of the Advertiser’s offer on the Publisher’s Website or the Publisher’s Advertising Space.

The Publisher may not:

• publish images or content that are unlawful, including in particular content infringing copyright, or content that may be considered obscene, pornographic, threatening, offensive, hateful, harmful, harassing, racist, or discriminatory;
• use Black Hat SEO or Brand Bidding;
• generate artificial traffic through the use of tracking bots, click bots, or similar tools;
• send, exchange, or overwrite information temporarily stored at the request of the server or script on the user’s browser side, i.e. cookies;
• organise mailings that may be considered “spam” or mass mailing;
• send emails to recipients who have not given prior, intentional consent to receive such messages and with respect to whom the Publisher has not fulfilled GDPR requirements;
• overload the webePartners Platform, in particular through the use of artificial queries;
• use prohibited keywords;
• violate these Terms and Conditions or the webePartners Privacy Policy;
• engage in any activities that contribute to the unfair increase of the Publisher’s remuneration;
• use the Platform improperly, in particular through deliberate attempts to launch or introduce harmful materials, viruses, Trojan horses, computer worms, logic bombs, or software intended to damage or destroy the Platform;
• attempt or undertake any unauthorised access to the Platform or to servers, databases, or computers forming part of the Affiliate System;
• conduct activities intended to temporarily or permanently interrupt the operation of the Platform.

Any form of improper use of the Affiliate Tools made available may result in the Publisher’s account being blocked until all issues relating to such conduct by the Publisher have been clarified.

At the request of webePartners, the Publisher shall be obliged to provide information regarding the advertising activities carried out, and the presentation and recommendation of products or services, in particular with respect to the non-use of Black Hat SEO and Brand Bidding techniques.

§5

Transactions and Commissions

webePartners, through the Tracking System, tracks Transactions on the Advertiser’s Website that have been made using Affiliate Tools.

The Publisher shall have access on the Platform to statistics concerning the tracked Transactions referred to above, with the following Transaction statuses indicated separately:

• pending,
• accepted or rejected,
• invoiced,
• payable,
• paid.

The Advertiser shall be obliged to verify the generated Transactions, i.e. to accept or reject them.

The Advertiser shall have the right to reject a Transaction for the following reasons:

• withdrawal from the agreement within the period available to the End Customer under generally applicable law or under the purchase terms and conditions applicable on the Advertiser’s Website;
• where the Customer’s click in a system other than the webePartners Affiliate Network occurred closer to the moment of completion of the Transaction, in accordance with the “last click wins” rule;
• in justified cases, in particular where the Publisher’s activities are inconsistent with these Terms and Conditions or the rules of the Affiliate Program.

The Commission for Transactions, as determined by the Advertiser, shall each time be specified in the terms and conditions of the relevant Affiliate Program.

Subject to paragraph 7 below, the Publisher shall acquire the right to payment of the Commission once it amounts to at least PLN 100.00. The Publisher acknowledges and accepts that the right to the Commission Payable arises only after webePartners has received and booked the funds due from the Advertiser. Until payment has been received by webePartners, the Commission shall not constitute a due and payable claim of the Publisher. The Publisher shall have no right to seek payment of the Commission from webePartners, nor any claim for damages related to delays in payment or non-payment by the Advertiser.

Payments of the Commission Payable or FLAT FEE Remuneration shall be made within 14 days from the date on which the Publisher uploads to the Platform (in the “FUNDS” tab):

• bills / payment statements – in the case of Publishers not conducting business activity (the Platform provides the option to generate such documents),
• invoices – in the case of Publishers conducting business activity (the amount of the Commission Payable increased by VAT, if applicable, in the case of Publishers who are VAT taxpayers).

Publishers may perform the actions referred to in paragraph 7 on any day of the month, subject to paragraph 6 above.

Prior to the first payment of the Commission Payable or FLAT FEE Remuneration, a Publisher conducting business activity shall be obliged to provide on the Platform its full business name, registered office address, tax identification number (NIP), bank account number, and any other data necessary to make the payment.

Prior to the first payment of the Commission Payable or FLAT FEE Remuneration, a Publisher not conducting business activity shall be obliged to provide on the Platform their full name, residential address, PESEL number, bank account number, and any other data necessary to make the payment.

Payments of the Commission Payable or FLAT FEE Remuneration shall be made exclusively by bank transfer to the bank account number of the Publisher indicated on the bill / invoice. The costs of bank commissions and other banking fees in the case of a transfer in a currency other than PLN or an international transfer shall be borne by the Publisher; the costs referred to in the preceding sentence may be deducted by webePartners during the term of the Agreement from the Commission Payable amounts due, to which the Publisher hereby agrees.

§6

Contact with Advertisers

The Publisher may contact Advertisers exclusively through webePartners. If the Publisher intends to carry out non-standard activities for a selected Advertiser which require the Advertiser’s additional consent or the provision by the Advertiser of material information or materials necessary to carry out such activities, the Publisher shall have the right to contact the Advertiser directly only with the consent of webePartners. The Publisher shall not have the right to contact an Advertiser with whom it is in Active Cooperation on the Platform for the purpose of presenting a direct offer intended to exclude webePartners from the cooperation.

webePartners shall have the right to impose a contractual penalty on the Publisher in the amount of PLN 2,000 net for each Advertiser with whom the Publisher undertakes direct cooperation, where the Publisher has established Active Cooperation with that Advertiser on the Platform. webePartners permits direct cooperation between Publishers and Advertisers, subject to prior agreement by all Parties.

§7

Contact with Publishers

webePartners shall be entitled to contact the Publisher using the email address, telephone number, Publisher Account on the Platform, or other means of electronic communication, to the extent necessary to ensure the proper performance of Affiliate Programs and the functioning of the Platform.

In particular, webePartners may send the Publisher:

• technical, system, and organisational communications concerning the operation of the Platform;
• communications regarding new or modified Affiliate Programs;
• messages regarding the status of cooperation with individual Advertisers and the details of Offer performance;
• information related to settlements, security, and verification of activities carried out by the Publisher for Advertisers;
• promotional or marketing communications, subject to paragraph 4 below.

The Publisher acknowledges and accepts that the communications referred to in paragraph 2(a)–(d) constitute an integral part of the cooperation and may be sent without the need to obtain separate consent, as they are necessary for the performance of the Agreement between the Publisher and webePartners.

The sending of marketing communications referred to in paragraph 2(e) shall require the Publisher’s prior consent only where the Publisher is a natural person, including a natural person conducting business activity, or where the indicated email address constitutes personal data within the meaning of applicable law. In all other cases, webePartners shall be entitled to send such communications without obtaining consent, to the extent related to the Publisher’s business activity.

A Publisher who has given consent in accordance with paragraph 4 above shall have the right to withdraw such consent to receive marketing communications at any time; however, such withdrawal shall not affect the lawfulness of actions taken by webePartners prior to the withdrawal of consent.

§8

Term of the Agreement

The Publisher shall have the right to terminate this Agreement at any time by deleting its account independently using the “delete my account” option after logging into the Publisher Account. Upon termination of the Agreement, the Publisher shall be obliged to cease using the Platform immediately and to remove all Affiliate Tools.

webePartners shall have the right to terminate this Agreement with immediate effect by sending a message by email to the Publisher’s email address or by deleting the Publisher’s account on the Platform, in the event of the Publisher’s breach of these Terms and Conditions.

In the event of the Publisher’s breach of these Terms and Conditions, webePartners shall also have the right to suspend payment of the Commission Payable.

§9

Liability

webePartners shall not be liable for:

• any damage, failures, or malfunctioning of the Services resulting from the Publisher’s improper use of the Platform, including the provision of erroneous, outdated, or factually inaccurate data;
• the loss or unauthorised acquisition of the login credentials for the Publisher Account by a third party, where this occurs for reasons not attributable to webePartners (e.g. disclosure of such data by the Advertiser, failure to properly secure the Publisher’s device, etc.);
• the consequences of unlawful acts of third parties (including hacking, cyberattacks, or malware) and events constituting force majeure;
• interruptions in the supply of electricity, Internet access, telecommunication services, or failures of the Publisher’s hardware or software;
• consequences resulting from the acts or omissions of the Publisher, including materials disseminated and content published by the Publisher on any websites belonging to the Publisher, in particular on the Publisher’s Websites or Publisher’s Advertising Spaces;
• the content of, and the manner of performance of, services provided by Advertisers and Publishers;
• any loss of profits, anticipated revenue, indirect losses, or consequential damages suffered by the Publisher or third parties as a result of the use of, or cooperation with, Advertisers, including the performance of an Advertiser’s Affiliate Program or the Publisher’s Offers; in particular, webePartners does not guarantee any minimum number or value of generated Transactions;
• any non-performance or improper performance by the Advertiser of its obligations towards Publishers, including failure to deliver goods or services in models involving a BARTER element;
• the operation of the Advertiser’s Store, including the goods sold and services provided therein;
• unless resulting from wilful misconduct or gross negligence of webePartners, any damage, loss of data, failure to record traffic, or failure to record Transactions generated by Publishers or the Advertiser, arising from failures of servers, hardware, software, or IT infrastructure, force majeure, or other circumstances beyond the control of webePartners, including cyberattacks, interruptions in Internet access, or disruptions of telecommunication services.

Pursuant to Article 12 of the Act on the Provision of Electronic Services, webePartners, as a provider of data transmission services in a telecommunications network, shall not be liable for the content of transmitted data if:

• it is not the initiator of the transmission;
• it does not select the recipient of the transmission; and
• it does not modify the information contained in the transmission.

The exclusion of liability referred to in paragraph 2 above shall also apply to the automatic and short-term intermediate storage of data, provided that such storage is carried out solely for the purpose of effecting the transmission and lasts no longer than necessary for that purpose.

Pursuant to Article 13 of the Act on the Provision of Electronic Services, webePartners shall not be liable for stored data if:

• it does not modify the data during transmission;
• it applies generally recognised IT techniques determining the parameters of access to and updating of the data; and
• it does not interfere with techniques used to collect information on the use of the data.

webePartners shall promptly remove or disable access to stored data upon receiving information that such data has been removed at source, or upon obtaining a court order or other order requiring removal or disabling of access.

Pursuant to Article 14 of the Act on the Provision of Electronic Services, webePartners shall not be liable for unlawful data stored in its IT system if it had no knowledge of the unlawful nature of such data. Upon receiving an official notification or obtaining reliable information about the unlawful nature of the data, webePartners shall promptly disable access to such data and shall not be liable to the service recipient for the consequences of such disabling, provided that it notifies the service recipient accordingly.

The Publisher shall bear sole responsibility for:

• all results, costs, and consequences of its marketing and operational activities;
• any damage arising from a breach of its obligations towards Advertisers or third parties;
• any damage caused by making the access credentials to the Account (login and password) available to third parties, and for the consequences of their use.

The total liability of webePartners towards the Publisher, regardless of the legal basis of the claim (contract, tort, statutory liability), shall be limited to the amount of the Publisher’s Commission earned during the 3 (three) months immediately preceding the event giving rise to the claim.

§10

Complaints

The Publisher shall have the right to submit to webePartners any complaints and reservations concerning the operation of the Platform and the provision of electronic services. Complaints may be submitted electronically to the email address bok@webepartners.pl, by telephone at (+48) 71 390 49 02, or by post to: webePartners Sp. z o.o., ul. Grabiszyńska 151, 53-434 Wrocław.

A complaint should include:

• identification details of the Publisher enabling its verification;
• a precise description of the subject matter of the complaint;
• a statement of the Publisher’s request in connection with the complaint.

Where a complaint submission is incomplete or requires supplementation, webePartners may request that the Publisher provide additional information necessary for the complaint to be considered. In such case, the time limit for handling the complaint shall be suspended until the required information is received.

Publishers who are entrepreneurs and for whom the Agreement is of a professional nature shall be required to submit complaints:

• with respect to technical defects – within 14 days from the date of their occurrence;
• with respect to issued invoices or pro forma invoices – within 7 days from the date of their delivery or availability on the Platform.

Complaints submitted after the expiry of the above deadlines shall not be considered.

A Publisher who is a consumer, or a natural person conducting business activity for whom the Agreement is not of a professional nature, may submit complaints in accordance with the generally applicable provisions of law.

webePartners shall respond to the complaint within 14 days from the date of its receipt or supplementation by the Publisher, in the form of email correspondence. Failure to respond within this time limit shall not constitute acceptance of the complaint, subject to generally applicable provisions of law.

§11

Copyright

All content, advertising materials, trademarks, logos, graphic elements, and other works made available within the Platform shall be protected by law under moral and economic copyright, industrial property rights, and other exclusive rights vested in webePartners, Advertisers, or other authorised entities.

By commencing cooperation on the Platform, the Advertiser grants webePartners and approved Publishers a non-exclusive, non-transferable, and limited licence to use the materials made available solely for the purpose of presenting and promoting the Advertiser’s offer within the framework of cooperation on the Platform.

The Publisher shall be entitled to use the materials made available on the Platform only to the extent and for the purpose necessary to perform the cooperation, in accordance with these Terms and Conditions. In particular, the following shall be prohibited:

• recording, reproducing, copying, distributing, publishing, modifying, or making the materials available to third parties outside the scope of cooperation on the Platform;
• using the materials in a manner that infringes the copyright, industrial property rights, or personal rights of Advertisers, webePartners, or third parties;
• sublicensing or commercially offering access to the materials without the consent of webePartners;
• using information, data, or materials obtained in connection with the use of the Platform for any purpose other than the performance of cooperation on the Platform.

Information, data, and materials obtained in the course of using the Platform shall be confidential in nature and may not be used, disclosed, or transferred to third parties without the consent of webePartners, unless their disclosure is required under mandatory provisions of law.

In the event of a breach of the above rules, webePartners shall have the right to immediately block the Publisher’s access to the Platform and terminate the cooperation, without prejudice to its right to pursue damages on that basis.

webePartners shall not be liable for content provided by Advertisers or other third parties, and the making available of such content within the Platform shall not constitute acceptance by webePartners of responsibility for its accuracy, timeliness, or compliance with law.

§12

Personal Data

webePartners shall be the Controller of the Publisher’s personal data where the Publisher is a natural person. Personal data shall be processed exclusively for legally permissible purposes, including in particular for the proper performance of the Agreement.

Detailed information regarding the processing of data by webePartners is set out in the Privacy Policy.

§13

Licence

webePartners grants the Publisher a non-transferable, non-exclusive, limited, time-limited, and non-sublicensable licence to use the Platform solely for the purpose of using the Services.

The licence includes:

• access to the Platform’s functions via user interfaces;
• downloading reports and statistics;
• use of updates, fixes, supplements, and new versions of the Platform made available by webePartners.

The Publisher may not:

• copy, modify, adapt, translate, publish, distribute, rent, lease, sublicense, sell, or otherwise make the Platform or any part thereof available to third parties;
• decompile, disassemble, reverse engineer, or attempt to reconstruct the source code of the Platform;
• remove, alter, or conceal any copyright notices, trademarks, or other intellectual property notices of webePartners;
• use the Platform to provide services to third parties, for competitive purposes, or in any manner other than as permitted under these Terms and Conditions;
• undertake any actions that may interfere with the operation of the Platform, in particular attempts to interfere with security and licensing mechanisms;
• combine, integrate, or use the Platform in products or solutions that infringe the law or the rights of third parties.

All copyrights, industrial property rights, and other intellectual property rights in and to the Platform, as well as any versions, updates, and modifications thereof, shall remain the exclusive property of webePartners or its licensors. Nothing in the Agreement shall transfer to the Advertiser any ownership rights in the Platform.

webePartners shall have the right to audit the proper use of the Platform, including monitoring access logs and Platform usage logs.

webePartners shall provide the Publisher with free updates, fixes, and supplements to the Platform as part of maintenance of the version in force at the time of conclusion of the Agreement.

The Publisher shall be liable for any damage resulting from a breach of this licence clause, including use of the Platform outside the scope of the licence. The Publisher undertakes to indemnify and hold harmless webePartners against any and all costs, claims, penalties, and liabilities arising from infringements of third-party intellectual property rights caused by the Publisher’s actions.

The licence shall expire upon termination or expiry of the Agreement, regardless of the reason.

§14

Amendments to the Terms and Conditions

webePartners reserves the right to amend these Terms and Conditions, particularly for important reasons, including, in particular, the introduction of new Platform functionalities, changes to the scope of the Services provided, adaptation to legal requirements or decisions/judgments of competent authorities, as well as for security or organisational reasons.

Publishers shall be informed of any amendment to the Terms and Conditions by publication of a consolidated version of the Terms and Conditions on the Platform and by sending information about the amendment to the email address assigned to the Publisher’s account.

The amended Terms and Conditions shall enter into force upon the expiry of 14 days from the date on which the Publisher is informed of the amendment, unless a shorter period is necessary due to mandatory provisions of law or security reasons, in which case the Publisher shall be informed accordingly in the email notification.

The Publisher shall have the right to terminate the Agreement in the event of عدم acceptance of the amendments to the Terms and Conditions. Termination should be effected by deleting the account on the Platform no later than on the day preceding the effective date of the amendments. Failure to terminate within this period shall constitute acceptance of the new wording of the Terms and Conditions.

Amendments to the Terms and Conditions shall not affect any rights and obligations acquired by the Publisher before the effective date of such amendments.

§14

Final Provisions

These Terms and Conditions shall enter into force on 1 November 2025.

The wording of the previously applicable terms and conditions is available here.

In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code, the GDPR, and the Act on the Provision of Electronic Services.

Any disputes arising in connection with the performance of the Agreement shall be resolved by the common courts having jurisdiction over the registered office of webePartners, and with respect to Publishers who are consumers, by the courts having jurisdiction under the general rules.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the Parties undertake to replace the invalid provisions with new ones having a character and purpose as close as possible to those of the invalid provisions.

Appendices:

• Specific risks associated with the use of services provided electronically, and information on the functions and purpose of the software.

SPECIFIC RISKS ASSOCIATED WITH THE USE OF THE PLATFORM

1.1. Risks Related to Data Security:

• Risk of unauthorised access to the user account if login credentials are shared with third parties or weak passwords are used.
• Possibility of theft or unauthorised acquisition of personal data as a result of phishing attacks, malware, or cyber intrusions.
• Risk of data loss in the event of technical failures or system malfunctions.

1.2. Technical Risks:

• Interruptions in the operation of the Platform resulting from server failures, issues with hosting service providers, or disruptions in the supply of electricity.
• Errors in the counting of conversions and transactions that may lead to incorrect commission settlements.
• Disruptions in the operation of tracking functions and affiliate marketing systems resulting from cookie blocking by browsers.

1.3. Risks Related to the Operation of the Affiliate Network:

• Risk of cooperation with dishonest publishers engaging in fraudulent activities, including generating artificial traffic, clicking on their own links, or manipulating results.
• Possibility of financial losses resulting from publishers’ actions that violate legal regulations or ethical standards.
• Risks arising from duplicate content, URL hijacking, and other unlawful practices of publishers.

1.4. Legal and Financial Risks:

• Risk of breaching GDPR regulations in the event of improper processing of personal data.
• Possibility of legal disputes arising in connection with the performance of affiliate agreements.
• Risk of unexpected costs related to commissions or penalties.

2. FUNCTIONS AND PURPOSE OF THE SOFTWARE AND OF THE DATA ENTERED INTO THE SYSTEM

2.1. Cookies and Tracking Technologies:

• Purpose: identification of users, tracking of their activity on partner websites, and correct calculation of commissions for transactions.
• Function: storing unique user identifiers, recording information on traffic sources and activities undertaken in partner stores.
• Lifespan: minimum of 30 days from the user’s last activity (and may be longer depending on the program settings).

2.2. Tracking and Conversion Systems:

• Purpose: registration and verification of transactions made by users redirected from the affiliate network.
• Function: automatic collection of transaction data (value, date, type of product), verification of the authenticity of conversions, and detection of potential fraud.
• Technologies: JavaScript tracking codes, pixel tracking, postback URL, API integrations.

2.3. Analytical and Reporting Tools:

• Purpose: providing advertisers with detailed reports regarding the effectiveness of affiliate programs.
• Function: aggregation of statistical data, generation of sales reports, and analysis of traffic and conversions.
• Scope of data: click statistics, conversions, transaction values, traffic sources, and geographic and time-related characteristics.

2.4. Security and Anti-Fraud Systems:

• Purpose: protection against fraudulent activities and ensuring transaction security.
• Function: automatic detection of irregular traffic patterns, identification of potential fraud, and blocking of suspicious transactions.
• Mechanisms: user behavioural analysis, verification of traffic sources, and machine learning systems for anomaly detection.

2.5. External Integrations:

• Purpose: ensuring the operation of the Platform and additional services.
• Functions: hosting and data storage, payment systems, communication tools, backup and data recovery.
• Providers: hosting companies (e.g. OVH), payment service providers, CRM systems, and email marketing systems.

3. SECURITY RULES AND RISK MITIGATION

3.1. Data Protection Measures:

• Encryption of data transmission using the SSL/TLS protocol.
• Regular creation of backup copies of data.
• Access control to IT systems based on the need-to-know principle.
• Real-time monitoring of system activity.

3.2. Recommendations for Users:

• Use strong, unique passwords for Platform accounts.
• Regularly update contact details and security settings.
• Do not use accounts on public or unsecured devices.
• Immediately report suspicious activity or security breaches.

3.3. Incident Response Procedures:

• Immediate notification system for detected threats.
• Procedures for blocking access in the event of suspected security breaches.
• Mechanisms for restoring system functionality after failures.
• Cooperation with law enforcement authorities in the event of detected criminal activity.

4. ADDITIONAL INFORMATION

4.1. Security Updates:

webePartners regularly updates its security systems and introduces new protection mechanisms. Information about significant changes is communicated to users via the Platform or by email.

4.2. Contact in Security Matters:

If threats are detected or a security breach is suspected, users may contact webePartners through the dedicated communication channel indicated on the Platform.

4.3. Compliance with Regulations:

All webePartners systems and procedures comply with applicable laws, including the GDPR, the Act on the Provision of Electronic Services, and IT security standards.