§1

  1. The Rules and Regulations of Cooperation determine the cooperation conditions between WebePartners and a Publisher that joins partnership programs on the www.webepartners.pl platform. The Rules and Regulations of Cooperation cover principles for issuing of adds and conditions for settlement between WebePartners and the Publisher.
  2. By using the services rendered through the Website, the User confirms that they have read and understood these Rules and Regulations, and accepts it in its existing form.

§2

The below-mentioned definitions have following meaning:

“WebePartner Platform, Network or Website” – Means an internal WebePartners system that allows the Publishers to join the Website and carry out actions related to the Advertiser.

“Publisher” – It is a legal person, an organizational entity that has no legal personality, provided with legal capacity by the Act, or a natural person with full legal capacity, who registered on the WebePartners Website, and whose account was activated by WebePartners, providing them with access to the partnership programs, tool and statistics published by WebePartners.

“Publisher’s Portal, Website or Advertising Space” – The Advertising Space means a website (or other space that exploits Internet connection), where the Publisher advertises the Advertisers in a graphic or text form.

Publisher’s Ethical Code” – The Attachment that is an integral part of these Rules and Regulations, defining ethical terms for promotion of the Advertisers by the Publishers.

“Active Cooperation” – Cooperation undertaken by the Publisher with the Advertiser through the WebePartners system. Active Cooperation starts when the Publisher is accepted in the Advertiser’s partnership program, and starts it promotion with the Products made available by WebePartners (an xml file, widgets, partnership link, WebePaste, WebeStore, banner).

“Advertiser” – A legal person, an organizational entity that has no legal personality, provided with legal capacity by the Act, or a natural person with full legal capacity, being an owner of a partnership program available on the WebePartners Platform.

“Partnership Link” – It is an active text link that leads to an active Publisher’s Website.

“Publisher’s Portal or Website” – Means an Advertiser’s website with an active partnership program on the WebePartners Platform.

“Receivables, commissions” – Amounts generated by the Advertisers who promote selected partnership programs, according to the terms for settlements determined in rules and regulations of a given partnership programs and in these Rules and Regulations.

“Intellectual Property” – Means all patents, rights for inventions and computer software, utility models, trade , service , commercial and business marks, domain names, databases, moral rights and all other intellectual property rights.

“Minimum commission payout” – A minimum Publisher’s commission that can be paid out from the system.

“Product or Tools” – IT options and solutions provided to the Publishers after logging into the Publisher’s Account (an xml file, widgets, partnership links, WebePaste, WebeStore, banner).

“Visitor or User” – A person or entity that is redirected from the Publisher’s to the Advertiser’s Portal.

“Affiliation Marketing Agency” – An Agency that operates within the filed of Internet marketing, provided to the benefit of the Advertisers, settled for results (performance marketing).

“Commissions for payout” – The Publisher’s generated remuneration that was accepted and paid for by the Advertiser.

“WebePartners” – Means webePartners Sp. z .o.o with its registered seat in Wroclaw, Pl. Grunwaldzki 16/65, REGON [Statistical Id. No.] 365121198; NIP [Tax Id. No.] 8982223087; KRS [National Court Register No.] 0000630899 that is the owner of the Platform.

“Administrator” – Means the owner of the Website, who at the same time ensures technical support for the Website’s Users, especially for the Publishers, and monitors compliance with provisions of these Rules and Regulations by the Website’s Users.

“Tracking System” – an IT system that carefully monitors and analyzes the advertising campaigns carried out by the Publishers. It allows to record the number of user’s clicks on the ads, their sales and specific actions. The systems offers a possibility to examine effectiveness of particular advertising carriers (XML files, widgets, partnership links, banners) and tools that allow to identify and fight all types of illegal actions.

“CPS” – cost per sale – The Publisher is provided with commission for each sale on the Advertiser’s Website.

“CPL” – cost per lead – The Publisher is provided with commission when the User fills in the registration forms on the Advertiser’s Website or provides their contact details in another way.

“CPC” – cost per click – The Publisher earns commission when the User click the advertising carriers.

“Black hat SEO” – Employing methods that are incompliant with browsers’ guidelines.

“Brand-bidding” – The Publisher cannot use key words that include legally protected terms, especially such as trade marks of the Publishers or their competition.

§3

  1. Via the Website, the Publisher takes part in the partnership programs to promote the Advertisers in their Advertising Space. Every time third parties, Users of the Publisher’s Portals, click the advertising carriers, a transaction is concluded on the Advertiser’s Website, determined in details in the Advertiser’s partnership program. The Publishers is remunerated for providing the Advertising Space that was effective in concluding the transaction. The level of remuneration is determined in details in individual conditions of each partnership program. It is possible to generate remunerated based on a combined model of three solutions – CPS, CPL and CPC.
  2. WebePartners, through its original tracking system, monitors and records the concluded transactions, and afterwards provides the Publishers with tracking data in a form of statistics.
  3. WebePartners keeps on improving and developing its Website.

§4

  1. To register as a Publisher, you need to fill in the electronic form available on http://panel.webepartners.pl/Account/Register (choosing your login and password).
  2. The Publisher registers by filling in the electronic form available on the Website, and by accepting the Rules and Regulations. The moment of activating the Publisher’s Account, i.e. WebePartners’ sending an e-mail, is when the Publisher and the Website conclude a service agreement, against the principles stipulated in the Rules and Regulations.
  3. A Publisher that operates a business enterprise is obliged to provide a full name of their company, business activity register number, NIP and REGON, seat address and correspondence address, and personal details of an authorized representative.
  4. A Publisher that does not operate a business enterprise is obliged to provide their first and last name, residence address and PESEL [Polish Resident Identification Number].
  5. The Registration mentioned in paragraph 1 provide access to the Publisher’s Account, and after logging in the Publisher can always update and complement the data available through the Website, entered into the electronic application form.
  6. Each Publisher must own a bank account. WebePartners reserves the right to verify the Publisher’s personal details.
  7. The Publisher’s account provides a possibility to review the Advertiser’s partnership programs, which they can take part in.
  8. The Registration and participation in the WebePartners network is free of charge. 

§5

The Publisher can terminate this Agreement immediately, at any given time, by sending an e-mail to bok@webepartners.pl, or by deleting the account on their own, using the “delete my account” option available after logging in. The Publisher undertakes to stop using the Website immediately after terminating the Agreement, and to remove all links t the Advertiser’s Portals.

§6

To make a proper use of the services rendered within the Website, the following are required:
a) An Internet browser, at least Internet Explorer 8 or later, or Mozilla Firefox 25 or later, or Google Chrome 30 or later, or Opera 8 or later, or Safari in the latest version;
b) In case actions are performed in relation to the Website via an electronic mail, there must be an active and correctly configured e-mail account;
c) The Publisher must be a holder of a bank account.

§7

  1. WebePartners provides the Publisher with partnership programs so they can be used in accordance with these Rules and Regulations as well as the terms stipulated in the partnership rules and regulations.
  2. On the Publisher’s Account, WebePartners publishes detailed statistics for traffic and sales referring to the Publisher’s Portal. The statistics are available online, and they pose a basis for calculation of remuneration.
  3. WebePartners provides the Publisher with a possibility to apply for all partnership programs published on the Website.
  4. WebePartners provides the Publisher, via e-mail, with information about new Partnership Programs and updates of active programs (news and discounts at the Advertisers’).
  5. WebePartners contacts the Publishers regarding their campaigns via e-mail or telephone.
  6. WebePartners undertakes to pay the receivables and commissions to the Publisher that after being accepted changed their status into “to be paid”.

§8

  1. The Publisher guarantees that the data provided during registration are correct and complete. If the data provided during registration change, the Publisher undertakes to update them.
  2. The Advertiser accepts the Publisher for their Partnership Program, having verified the Publisher’s profile, created by the Publisher during registration on the WebePartners platform. The Advertiser makes a decision to accept or reject a given Publisher into their Partnership Program.
  3. The Publisher that was accepted by the Advertiser has the right to publish widgets, banners, links on their Portal, and use the available xml files in any way to promote the Advertiser.
  4. The Publisher has the right to recommend the product via the “Partnership Link” application, following the Publisher’s Ethical Code, with special emphasis put on restraining from making use of “spam” in their practice.
  5. By sending e-mails, the Publisher undertakes to observe the prohibition to send unsolicited advertising (”spam”). Therefore, it is necessary to obtain each recipient’s consent before sending an e-mail. Upon WebePartners’ request, the Publisher shall present a proof for obtaining such a consent.
  6. By applying for a Partnership Program and promoting the Advertiser, the Publisher guarantees that the Advertising Space they use and advertising actions they undertake do not violate:
    a) third parties’ rights (including, but not limited to, copyrights, rights to trade marks, personal rights or similar rights);
    b) other legal regulations (especially the competition law), do not threaten the democratic order, do not glorify violence, are not of a racist or pornographic nature, do not deprive youth and are suitable for publishing.
  7. The Publisher cannot use key words that include legally protected terms, especially such as trade marks of the Publishers or their competition without their consent (”Brand bidding”).
  8. The Publisher undertakes:
    a) to cooperate with WebePartners to the sole benefit of the Advertisers;
    b) not to make use of the Partnership Links in a way that can contribute to lower functionality of the Advertiser’s Portal;
    c) to provide the Users with updated, complete and competent information about the Publisher;
    d) to present all information about the Advertiser’s offer in a careful and non-misleading manner;
    e) to take care for on-going updates of the offer.
  9. Each misuse of the available applications causes blocking of the Publisher’s account.
  10. If the Publisher plans to carry out a non-standard campaign for a selected Advertiser that requires an additional Advertiser’s consent or the Advertiser’s obtaining additional information allowing to carry out such a campaign, they have the right to contact the Advertiser directly as regards the planned actions. The Publisher can start cooperation with the Advertiser within other Internet systems or another partnership program offered by the Advertiser’s on their website at any given time. The Publisher has no right to contact the Advertiser that they cooperate on the WebePartners Platform on to present their direct offer, with an aim to exclude WebePartners from cooperation.
  11. WebePartners have the right to impose a contractual penalty of PLN 1000 net on the Publisher for each Advertiser that the Publisher starts direct cooperation with, in case the original active cooperation took place on the WebePartners Platform. WebePartners permits direct cooperation between Publishers and Advertisers solely upon prior written arrangements made by all parties.

§9

  1. The manner for calculating of the Publisher’s remuneration is determined from time to time in the terms of the partnership programs, available on www.webepartners.pl. including the provisions of these Rules and Regulations.
  2. The Publisher receives remuneration in accordance with conditions of the Partnership Program determined by the Advertiser. The commissions are paid only for the actions accepted and paid for by the Advertiser. The Advertiser has the right, upon a written justification, to reject the actions that were carried out incorrectly or were not carried out at all.
  3. The Advertiser, while verifying the transactions generated by the Publishers, has the right to adopt the “last click wins” model, meaning to remunerate only the Publisher that owns the channel, where the last click causing the User to complete the transaction was recorded.
  4. Conditions of the Partnership Programs are determined by the Advertiser. The Advertisers have the right to change conditions of partnership programs. The Publisher is informed about changes in the conditions of partnership programs via e-mail, two weeks in advance.
  5. The Publisher has a permanent online access to the sale statistics, broken into particular transaction: to be paid, accepted, pending and rejected, as well as the level of the calculated and paid remuneration.
  6. The remuneration calculated for the accepted transactions, the status of which changed into “to be paid”, are paid out with a bank transfer within two weeks from the date of delivering a bill/VAT invoice, when the minimum sum of PLN 100 is exceeded.
  7. Transfers to the Publisher’s bank account take place on the basis of a bill or invoice that they issue. The payment will be made only when WebePartners receives the bill or the invoice in an electronic form, sent to the following address: bok@webepartners.pl. Commissions that were not paid in a given billing month are allocated to the next month.
  8. The Publisher will receive the accepted commissions only if the Advertiser transfers the required amounts to the WebePartners’ bank account. The time does not pose a decisive factor when it comes to payments, and regardless of the delay in commercial payments from the Advertisers, there are no interests charged on any amounts due to the Publishers.

§10

  1. The Publisher has the right to make a complaint on failure to perform or improper performance of services within the Website for 3 days from the time, when the incident providing basis for the complaint occurred.
  2. The complaint should be submitted via a contact form published on the Website, in the contact tab, or in writing with a registered letter sent to the address of the Website’s owner. The date of submitting the complaint is the date of sending the letter (as evidenced by the date as postmarked).
  3. The complaint should include the Publisher’s details (name of the company, first and last name, correspondence address, e-mail address and a phone number), date of incident that the complaint refers to, as well as circumstances or materials that justify the complaint.
  4. The complaints will be settled immediately, not later than within 7 working days from the day of receiving a complete set of information allowing to settle the complaint.

§11

  1. The proprietary copyrights to all graphical elements of the Website, look of the portal and other contents included therein that pose a work as stipulated in the Act of 4 February 1994 on Copyrights and Related Rights, are attributable solely to the Website’s Owner.
  2. Copying, distributing and compiling of the Website, its particular components and its look as a whole that all pose a work as stipulated in the Act on Copyrights and Related Rights, without an express written consent of the Website’s Owner, is deemed as violation of their proprietary copyrights.
  3. Information and data obtained during membership in the WebePartners Network may be utilized only in related to the WebePartners Network. Transferring such information or data to third parties, and utilizing them for other purposes, is deemed as violation of these Rules and Regulations.

§12

  1. The Administrator of Personal Details provided by the User is the Website’s Owner.
  2. The Website processes the Publisher’s personal details in the scope necessary to establish, shape the contents, modify, dissolve and properly render the services provided via electronic means. The data may be made available only to the public authorities, authorized to access such data based on applicable legal regulations.
  3. The Publishers’ personal details may be processed by the Website also for marketing purposes. The Publisher, while using the Website, will not receive any marketing and commercial information without their consent.
  4. By accepting particular clauses included in the registration form, the Publisher agrees:
    a) to have the data processed for the purposes related to the Publisher and rendering of the services by the Website;
    b) for the Website to provide them with commercial information as stipulated in the Act on Provision of Services by Electronic Means;
    c) for the Website to provide them with marketing information as stipulated in the Act on Protection of Personal Data.
  5. The system processes the personal details according to the applicable legal regulations, following the principles determined in the Privacy Policy .
  6. The Publisher has the right to review their personal details, correct them and to require to stop their processing.

§13

These Rules and Regulations enter into force on 29.05.2014.

  1. In all matters not settled herein, applicable Polish regulations, especially the provisions of the Civil Code, the Act on Protection of Personal Data and of the Act on Provision of Services by Electronic Means shall apply.

 

Attachment 1 Publisher’s Ethical Code

  1. The Publisher publishes the Advertiser’s links and adds on websites to promote the Advertiser.
    2. The Publisher undertakes to operate only to the benefit of the Advertiser and to advertise the Advertiser’s offer with decency.
    3. In no circumstances can the Publisher:
    a. Publish offers on websites with images or contents that are in any manner: obscene, pornographic, threatening, offensive, illegal, hateful, harmful, bullying, racist, discriminating, or that violate copyrights or intellectual property rights in any manner whatsoever;
    b. Use the prohibited promotional techniques for their own websites, i.e. Black hat SEO;
    c. Generate fake traffic with use of malware and clicking bots;
    d. Distribute, exchange or overwrite cookies;
    e. Organize mailings that may be deemed as “spam” – send e-mails to a recipient, who did not express their informed consent to receive such a message;
    f. Overload the WebePartners system by fake queries;
    g. Use prohibited keywords listed by the Advertisers in the rules and regulations of the partnership program;
    h. Use brand bidding;
    i. Violate the WebePartners’ Privacy Policy;
    j. Carry out any other actions that have direct influence on an unfair increase in the Publisher’s remuneration
    4. It is the Publisher’s duty to follow the good advertising practices.
    5. The Code of Conduct is an integral part of the Agreement concluded between the Publisher and WebePartners. Violation of any point of the Rules and Regulations of Cooperation or the Ethical Code shall be the basis for termination of the agreement with an immediate effect.