Terms and Conditions for Cooperation – partners

1. How can you join our network?

1. Our program is for business purposes. By completing the registration and agreeing to these terms and conditions you acknowledge this.
2. You can register at pm.ehub.cz/profile/sign-up. By submitting the registration form you agree to these terms and conditions.
3. You will receive a confirmation of your inclusion in our network to the email address you have provided. At this point, a contract is formed between us. This is governed by the terms and conditions, but if we agree otherwise in writing, the individual agreement takes precedence.
4. The data you enter when registering must be true and up-to-date.
5. Upon registration, we will set up an account for you in our eHUB software (the "System"). You are also obliged to keep all information up to date in this system.
6. eHUB operates several types of affiliate programs. You must first apply individually for inclusion in the selected programs (due to the different types of commissions) in the system. However, you are not automatically entitled to our approval.

2. eHUB system

1. Using the eHUB system, you can track, evaluate and especially manage.
2. For these purposes, we grant you a non-exclusive license to use the system. However, we prohibit you from using it for other, especially illegal purposes.
3. Our system may not be available around the clock. In particular with regard to the necessary maintenance of hardware and software, or the necessary maintenance of hardware and software of third parties.
4. We are not liable for damages caused by system failure, error, failure or downtime. However, we will promptly resolve any incidents.

3. Cooperation with advertisers

1. The advertiser (especially through our managers) chooses which type of Partners they want to work with in the affiliate program.
2. You as a Partner can choose in the system whether or not you are interested in working with a given advertiser. The terms of cooperation (amount of commission) vary from advertiser to advertiser. You will always find them listed in the system. Once you are connected to an advertiser, your cooperation is established.
3. In order for the cooperation to work (and for the commissions to be calculated), you must place the relevant affiliate link on your respective website (or other marketing channel), which contains the necessary identifying parameters and allows you to track the customer journey. You are responsible for the correct placement, which is also legally compliant.
4. The cooperation with the advertiser will end:
   
   • a) if we exclude you from the program (withdraw from the contract), in particular if you violate the law, the terms and conditions, the rules set by them or violate good morals through your website/other promotional channels involved;
   • b) if we notify you of the termination based on the advertiser's wishes - in which case the termination shall end no later than the 7th day after the notification;
   • c) if the Partner removes the relevant affiliate links from its website.

4. Reward

1. You are entitled to a reward for the conversion or other action you bring to the advertiser. This can be:
   • a percentage of the value of the conversion. The percentage is calculated on the value of the order excluding VAT less packing, shipping and discounts.
   • a fixed amount for a predetermined action.
   
   The specific type and amount of the reward is specified for each advertiser and varies from advertiser to advertiser.
2. The conversion (i.e. the purchase of the visitor on the advertiser's website) or action must take place within the so-called attribution window from the visit to the website (or other content) of the participating Partner. Otherwise, the conversion/action does not count towards the commission reward.
3. The length of the attribution window may also vary from advertiser to advertiser. You can find it listed in eHUB system for each advertiser.
4. We pay out the rewards only in Czech crowns or euros.

5. Approval of reward (commission)

1. In order to be entitled to the reward or its pay-out, the advertiser must approve it.
2. The advertiser can do this by actively approving or by not legitimately rejecting the reward within a time period set by us.
3. Through the system, you can claim the fact that a conversion or other action was not recorded (due to various, most often technical reasons on the browser side of a particular user), but you are convinced of your entitlement to the reward. You must do this within 30 days of the date on which the conversion or action occurred and support this with details of the specific conversion/action. We will give such a claim to the advertiser for consideration. If the claim is approved by the advertiser within the time limit set by us, you will be entitled to the reward.
4. If there are technical or other failures that make it impossible to correctly capture the customer journey, conversion and therefore entitlement to the reward, we have the right to temporarily restrict or exclude any cooperation from the program until the problem is resolved. In the event of technical problems on the advertiser's side, we have contractual arrangements to calculate conversion commissions in an alternative way in the event of data loss/limitation.

6. Invoicing

1. You can check the current amount of your commissions in the system in the "Payouts" section.
2. We will pay your commissions by wire transfer based on the tax document (invoice) issued by you.
3. The invoice will be due at least 14 days, but we will endeavour to pay it promptly.
4. For some advertisers we will indicate "orange or red status". These are at-risk collaborations and for advertisers or individual commissions marked as such, we will pay out your commissions (on the basis of the invoice) within 14 days of our remuneration (from the advertiser) being credited to our account. Until then, we are not in default in the payment of the amount. In the case of collaborations marked in this way, the right and entitlement to payment of your commissions is conditional on the payment of our remuneration by the advertiser.
5. You may issue an invoice if the current amount of the commission to be paid is at least CZK 1,000 excluding VAT (or the equivalent amount in EUR). You may request (invoice) payment of the commission without the minimum limit during the first year of cooperation.
6. You deliver the invoice to us via the system.
7. If the fee or other amount is quoted without VAT, VAT will be added at the appropriate rate according to the legal regulations.
8. We are VAT payers.
9. Please note that a claim for pay-out of commissions is time-barred within the statutory period of three years from the time when it could first have been made.
10. You are responsible for compliance with tax obligations relating to commissions paid out according to the relevant legislation. Please note that by accepting commission payments in a member state of the European Union other than the Czech Republic, you may become liable for VAT or become an identified person.
11. Transaction costs (bank charges directly related to the payment of commissions):
    
    • In the case of payment of commission in CZK or EUR to a bank account in the Czech Republic, eHUB and the Partner each pay transaction costs to their respective banks.
    • In the case of payment of commission in EUR to a bank account in the European Union via SEPA payment, eHUB and the Partner shall each pay the transaction costs to their respective banks.
    • In all other cases, in particular in the case of commission payments to a bank account outside the European Union, eHUB may unilaterally offset its transaction costs against the Partner's remuneration.

7. Rules of the game

1. The Partner is responsible for ensuring that the marketing channels used by the Partner do not violate legislation, terms and conditions or good morals in their operation or content. Also that they do not violate the rights of third parties. In the event of a breach of these obligations, the Partner is liable to eHUB and, where applicable, to the advertiser for damages, including non-pecuniary damages.
2. In particular, we prohibit the inclusion of marketing channels that contain pornographic, illegal or otherwise safety/ethical objectionable content (including domain).
3. You are required to comply with the Code of Restrictions and Standards of Promotion, which is part of these Terms. You can always find the current version here.
4. You have a duty to take care of the good name and reputation of eHUB and its advertisers.
5. You are also prohibited from engaging in conduct detrimental to eHUB and advertisers.
6. You also have a duty to keep your contact details up to date on your website.
7. You may only use your own or our promotional materials to promote the advertiser. You may only involve third parties if we give you permission to do so.
8. Each advertiser may set its own promotion conditions in the system, which are complementary to these conditions. You are obliged to comply with them. Remember also that each advertiser is different and legal regulations may impose special rules for its promotion. You are also responsible for complying with them.
9. You are obliged to provide, without undue delay, at our request, credible evidence of the websites or other sources from which your traffic to the marketing channel or content you are engaging in affiliate cooperation comes. You are obliged to provide us with evidence of how you promote the advertiser on these sources at our request.
10. You have the right to use the logo and company name of the advertiser you are promoting for reference and (affiliate) marketing purposes on your website and in marketing materials. You are obliged to withdraw these materials after termination of your cooperation with the advertiser, unless you agree otherwise.
11. We will keep confidential the data, personal data and confidential information that we disclose to each other or that we share, and will take care that no unauthorised person or more employees (or collaborators) gain access to this information than is necessary for the collaboration. If either party breaches this obligation, the other party shall be entitled to a contractual penalty of CZK 100,000 for each individual breach. If the breach of duty results in damage, the affected party is entitled to compensation, but only for the amount exceeding the contractual penalty paid.
12. You are fully responsible for compliance with the law. In the event of a breach of this provision, you are liable for damages, including non-pecuniary damages to us and to advertisers.

8. How we can break up

1. The cooperation can be terminated by either party. The notice period is 7 days.
2. We may also terminate the cooperation by agreement.
3. eHUB can withdraw from the cooperation if the Partner repeatedly (more than once) fails to fulfil the contractual obligations or if (even once) violates the conditions set out in article 7, points 1 - 9. Withdrawal by us is possible without prior notice and a period of time to remedy.
4. eHUB shall cancel the accesses to the system after termination of the cooperation and shall have no further obligation to give any notice.
5. eHUB may temporarily block the Partner's access to the system, for example in the event of suspicious or unclear promotional activities. In order to be unblocked, the Partner must provide the required information upon request in accordance with Article 7, point 9.

9. Conclusion

1. The contract is concluded for an indefinite period.
2. Our relations are governed by Czech law and will be decided by Czech courts.
3. We may not unilaterally set off claims and demands against each other without consent (or unless otherwise provided for in our contract).
4. We consider e-mail communication to be written, as well as communication via the eHUB system.
5. The processing contract is part of the Terms and Conditions for Cooperation.
6. We may change these terms and conditions to the extent necessary, mainly due to changes in the law or in the functions of the system and our operation. We will notify you of major (more significant to you) changes by email and/or in the system interface at least one month before the intended effective date of the change. You may object to the change by logging into the system or by email. If you do not object within one month of notification, we will continue our contractual relationship on the new terms. If you express your disagreement, our relationship will end with the effective date of the new terms, unless we agree otherwise. Expression of disagreement does not affect the fulfilment of previous unfulfilled obligations.

These terms and conditions are effective from 1.11.2023.

Annex 1: Processing contract

If eHUB is a so-called processor of personal data for the purposes of the GDPR, of which the Partner is the controller, the following terms and conditions for working with data (processing agreement) apply to eHUB:

1. eHUB may process personal data for the Partner that are located in the eHUB system or to which eHUB has access for the development/improvement/maintenance of the service for the advertiser/Partner. This is most often data on purchase conversions, i.e. data on the end customer's movement on individual websites or affiliate content, date and time of purchase, data on goods or services purchased.
2. eHUB processes personal data for the purpose of providing its service, unless we agree otherwise. The data will be processed by eHUB for the Partner for the duration of the provision of its services and access to the systems in which the data is located. The data is under the control of the Partner and eHUB works with it on the basis of the Partner's instructions, contract and, where applicable, on the basis of instructions from public authorities (based on legal regulations).
3. eHUB has taken the maximum possible technical, organizational, security and other measures to prevent unauthorized or accidental access to, alteration, destruction, loss or other unauthorized use of the data.
4. eHUB has ensured that employees and other persons authorised to process data process data only to the extent and for the purpose of the performance of the contract and in accordance with the law.
5. eHUB undertakes to rectify, update, delete or move personal data (within the scope of the system functionalities) at the Partner's request.
6. eHUB shall act with professional care in the performance of its obligations under the GDPR.
7. eHUB may involve other processors in the processing of personal data, in particular IT service providers necessary and currently available on the market for the purposes of maintenance, operation and development of the eHUB system, who meet the standards set by the European Union, without additional explicit specific permission from the Partner.
8. In the event of implementation of another service into the eHUB system, the Partner acknowledges and agrees that the data will be processed by the provider of such service (third party) according to its operating conditions.
9. In the event of termination of the provision of the service, and therefore also of the system in which the personal data are located, eHUB will delete the personal data within 60 days of the termination of the cooperation, unless legal regulations or contractual obligations require or justify their retention (for example, due to criminal proceedings, etc.)
10. eHUB undertakes to maintain the confidentiality of the data, in particular not to disclose, disseminate or transfer it to other persons outside the employment relationship or other authorised persons (e.g. on the basis of the performance of a contract). eHUB shall ensure that its employees and other authorised persons also observe the confidentiality obligation. This obligation of eHUB continues even after the end of our cooperation.
11. eHUB will provide you with a reasonable audit opportunity to demonstrate that it is complying with its processing obligations. In this case, an audit date must be arranged at least 30 days in advance, the audit must not interfere with eHUB's operations and the costs associated with the audit will be borne by the Partner.
12. eHUB is also obliged to maintain the confidentiality of the security measures taken to ensure the protection of personal data, even after the end of our cooperation.
13. The Partner undertakes to process personal data in accordance with the relevant legal regulations, in particular the GDPR, for which it is responsible.