Terms and Conditions of
FreshMail Affiliate Programme
- FreshMail - means FreshMail Sp. z o.o., ul. Fabryczna 20A, 31-553 Krakow, Tax Identification Number (NIP) PL6751496393, Statistical Identification Number (REGON) 123040091, Programme organiser and System owner.
- Affiliate - means a participant registered in the Programme.
- Client - means an entity which, as a result of the activities taken by the Affiliate, has proceeded with using the System and did not do so prior to the Affiliate's activities.
- System - means an IT programme called "FreshMail" which is available online and operates in the Software model as Services, i.e. which does not need to be installed on the computer.
- Programme - means "FreshMail Polecam" Affiliate Programme.
Participation in the Programme
- The Programme is open to legal persons, organisational units other than legal persons, as well as natural persons conducting business activity.
- To become an Affiliate Programme member, it is necessary to register on partner.freshmail.com and fill in the form with the required particulars.
- In the case of any change in the particulars, the Affiliate undertakes to update the particulars in the system or send relevant information to the email address: firstname.lastname@example.org, not later than 21 days following the change. The electronic message must be sent from the email address registered in the "Affiliate Control Panel".
- The Affiliate agrees to accept and abide by these Terms and Conditions and any modifications thereof.
- As a participant in the Programme, the Affiliate is granted a non-exclusive right to promote the FreshMail System using advertising materials and reference links made available to it by FreshMail for this purpose.
- When participating in the Programme, the Affiliate undertakes to recommend the System to his customers and business partners. Such activities are aimed to cause the Affiliate's customers and business partners set up the accounts and actively use the System.
- In consideration for conducting effective promotional activities, the Affiliate will receive a commission on payments made by Clients to FreshMail for using the System.
- In order to allow promotional activities be taken for FreshMail, the Affiliate will be granted access to the "Affiliate Control Panel" System functionality, which will enable him to:
- measure the effectiveness of promotional activities;
- review /effect payments of commission proceeds; and
- manage Clients.
- The Affiliate undertakes to promote and advertise the Programme and/or services provided by or through FreshMail in accordance with the applicable provisions of law and principles of community life, as well as to develop and conduct promotional activities at his own expense and responsibility.
- In undertaking all marketing activities covered by these Terms and Conditions, the Affiliate agrees to comply with the System Anti-Spam Policy and FreshMail System service.
- The commission fee received by the Affiliate under the Programme is related to the business activity conducted by the Affiliate. The fee received by the Affiliate for participating in the Programme is the taxable income on this activity, which is to be accounted for in accordance with the tax rules applicable to it. Payment of any taxes or other charges arising out of or related to participation in the Programme is the sole responsibility of the Affiliate.
Commission and Settlements
- On each payment made by the Client to FreshMail, the Affiliate will receive a fixed 20% commission on the net revenue generated by FreshMail, under the regular price list available on http://freshmail.pl/cennik/. Unless stipulated otherwise, services that are not included in the price list may not give rise to settlements under the Affiliate Programme.
- Unless the Affiliate and FreshMail decide otherwise, in the case of Clients accounted for on the basis of individual negotiable rates, the commission will be reduced in proportion to the amount of discounts granted to such Clients.
- The commission referred to in points 1 and 2 above will be settled once in a full calendar quarter. The settlement date will be the last day of the calendar quarter, i.e. each 31 March, 30 June, 30 September and 31 December.
- The payment date for each of the above payment methods is 21 working days from the date of submission of the necessary data and documents. Settlements are made on the basis of properly issued VAT invoices.
- The commission is paid, if the Affiliate's account is credited with the at least PLN 100 or its equivalent in foreign currencies converted at the average NBP (National Bank of Poland) rate prevailing on the last day of the calendar quarter.
- Any cash refunds resulting from the Client's withdrawal from using the System, complaints or otherwise, including the unexpected fortuitous events, will result in a deduction of the equivalent amount of commission deposited in the Affiliate's account. Any commission on sales that has already been paid to the Affiliate will be deducted from the payment due in the next settlement period. If the commission payable to the Affiliate in the next settlement period is not sufficient, the Affiliate will be invoiced for the outstanding amount.
- The term of the Programme is unlimited. However, FreshMail may terminate the Programme at any time.
- The Affiliate may withdraw from participating in the Programme at any time. Notice of withdrawal should be sent via email using the email address registered in the "Affiliate Control Panel" System functionality. The "Affiliate Control Panel" will be removed upon the end of the current settlement period, and any collected funds will be paid to the Affiliate within 21 days thereafter. Points 4 and 5 of the "Commission and Settlements" Section apply accordingly.
Restrictions and Liability
- FreshMail reserves the right to reject any application for joining the Programme without giving any reason.
- FreshMail is not liable to the Affiliate:
- for losses caused by improper operation or failure of partner.freshmail.com or the System;
- for any actions taken by the Affiliate under the Programme;
- where the sale recommended by and for the Client is not registered for technical reasons;
- for any indirect charges, transaction fees and other costs incurred by the Affiliate.
- If FreshMail is prevented in the performance of its obligations hereunder due to direct or indirect external factors or fortuitous events (such as loss of power or failure of the equipment used by FreshMail), or force majeure (such as fire or flood), the provision of services to the Affiliate and Clients may be temporarily suspended, in whole or in part. Suspending of the performance of obligations hereunder may also apply to payment of the amounts due to the Affiliate.
- The Affiliate may be removed from the Programme where a reasonable suspicion arises or any of the following circumstances occurs:
- providing inaccurate or invalid data in the registration or updating process or update, or late update;
- misleading other entities in order to cause them suffer a loss or in order to gain any advantage;
- failure to pay the amount due as a result of the refund within the time limit specified in the invoice, in accordance with point 6 of the "Commission and Settlements" Section;
- charging fees for effecting payments to the accounts in the FreshMail system owned by the Affiliate or his related entities;
- acting to the detriment of FreshMail;
- violations of the applicable laws in connection with the Programme.
- In the event that:
- the Affiliate is removed from the Programme through his fault;
- a reasonable suspicion or circumstances of the Affiliate's misleading other entities in order to cause them suffer a loss or in order to gain any advantage are found;
- FreshMail reserves the right to withhold any payments under the Programme.
- FreshMail may change the pricing and commission rate structures at any time. Any such changes will be published on http://freshmail.com/pricing/ and http://freshmail.com/enterprise-affiliates/.
- FreshMail Partner Sp. z o.o., ul. Fabryczna 20A, 31-553 Krakow, Tax Identification Number (NIP) PL6751496393, Statistical Identification Number (REGON) 123040091, is the controller of the Affiliate's personal data processed in accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2011, No. 230, item 1371).
- Personal data are submitted on a voluntary basis.
- The data collected during the registration process include: user name, full name, address, email address, phone number and company name.
- FreshMail may share the Affiliate's data only with entities authorised for this purpose under the applicable laws.
- Cookies are used to maintain a session of the logged-in user, for statistical purposes and purposes related to the System improvement.
- Cookie files contain data used to identify the logged-in user.
- We reserve the right to change these Terms and Conditions. Any changes will be published on http://freshmail.com/enterprise-affiliates/.
- The relevant provisions of law apply to all matters not regulated herein.
- The Parties undertake to amicably resolve any disputes. Where such an agreement cannot be reached, the disputes will be settled by the court having jurisdiction over the registered office of FreshMail.