TERMS AND CONDITIONS OF THE CALLPAGE PARTNERSHIP PROGRAM
These Terms and Conditions prescribe the terms and conditions of our partnership program, within the frames of which we co-operate with partners (“you,” “your”) in promotion of our services and acquisition of clients (“Program”).
The Program organiser and service provider is CALLPAGE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at ul. Nowogrodzka 31, registered under number KRS: 0000572159, Tax Identification Number NIP: 7010503522, share capital of PLN 25,000 (“CallPage,” “we,” “our,” “us”).
- The subject matter of our co-operation is the promotion and recommendation by you of the services offered within the CallPage Application www.callpage.io („Services”).
- The Program is only addressed at entities that may co-operate with us as part of their professional or business activity (we do not address our Program at consumers).
- As part of the Partnership Agreement (as discussed later) you are neither our attorney in fact or agent nor are entitled to make any declarations of will on behalf of CallPage.
TERMS OF CO-OPERATION
- In order to participate in our Program, you need to apply by means of a form available on the Partner Platform. Sending the form is equal to accepting the provisions of the Terms and Conditions.
- By providing any personal data to the Platform (including the form), you warrant and represent that the provided information is true, accurate, and up-to-date, and it will remain so throughout the entire Agreement term.
- Once we confirm to have accepted your application, you will gain the status of a Partner, and an agreement (hereinafter referred to as “Partnership Agreement”) will be concluded between us on the terms prescribed by the Terms and Conditions.
- As part of the Program, you will gain access to the Partner Panel, which will include, among other things, information on the number of Final Agreements (as defined later) assigned to you, information on the balance due and also already paid up to you.
- As part of our Agreement, you undertake to satisfy your obligations in a professional manner, and to act in compliance with the law, with respect to rights of the others and good practices, also taking into account good practices of online advertising. Furthermore, under the Partnership Agreement you undertake in particular:
- not to publish improper information next to our advertising Materials;
- not to apply prohibited techniques to promote our Services, in particular by sending spam;
- not to take any other action to increase your remuneration artificially or unfairly, including in violation of the law or netiquette;
- not to modify the Materials provided by us;
- not to promote our Services as part of paid advertising.
- You can learn more on how not to act under our Program here https://knowledge.callpage.io/en/articles/8142005-guidelines-for-operating-in-the-callpage-affiliate-program
- At any time, we may provide you with binding directions as to the manner in which you communicate our Services or the co-operation between us and in which you use our Materials. You are obliged to follow the directions in that scope immediately.
- For the purposes of the correct performance of the Partnership Agreement, you may use our Materials (as defined below), including links, marks, banners etc.
- The terms for publishing the Materials may be amended and at any time we may decide to suspend their publication, to which you hereby agree and undertake to immediately carry out.
- We may also use your Materials, including your logotypes, to promote our co-operation under the Program. In such a case, the provisions related to our Materials are applied accordingly to yours.
- You are liable for the content accompanying our Materials in your advertising space, in particular if it is false or misleading.
- We understand “Materials” as any signs used for us and our Services, advertising carriers of any type or any other tools presenting or intended to present information about our Services; Materials also include codes and affiliate links (links to the Application).
- Your remuneration is commission on each agreement related to our Services (“Final Agreement”) that was paid up by a Client procured by you, and such payment is not reimbursed – for various reasons – to the Client at a later time.
- The Final Agreement is deemed concluded as a result of your efforts, if the Client effectively and correctly registered the account by means of the reference link that was assigned to you upon conclusion of our Agreement and is available in the Partner Panel.
- If the Client gets a discount, your remuneration will be calculated on the amount actually paid by the Client.
- Your commission is 25% of the net value of the Final Agreement.
- The commission is paid in a currency selected by you in the Partner Platform, whereby you should mind the costs connected with currency conversion, if the Clients assigned to you pay in a currency different than that selected by you.
- The commission is due for the term of the Final Agreement, yet in each case no longer than for 12 (twelve) months from the date of its conclusion.
- We may refrain from paying your commission or refuse to pay it if you violate the Terms and Conditions or our directions.
- The basis for settlement is the information provided in your Partner Panel referring to the number of Clients using our Services and paying for them. At the same time, as part of the Panel, we will provide you with information on the due amount of your commission.
- We pay out any amounts at least equivalent to PLN 100 net/USD 50 net/EUR 50 net. Once you reach that amount, you may request disbursement of the commission due to you by filing a respective application by means of the “Withdrawal” button in the Panel. Within 48 h we will confirm or state the correct amount of commission due to you (in such a case, we will at the same time state the reason for the different amount of charged commission). Relying on that information, you will issue us an e-invoice for the amount of that commission and send it to us to our e-mail address.
- We pay the commission by wire transfer immediately but no later than within 14 (fourteen) business days from the date on which a correctly issued invoice is sent to us, to the bank account stated there.
- Any costs and expenses connected with performance of the Agreement are covered by you – as part of the Agreement we do not reimburse any costs or expenses connected with its performance.
- If it turns out that as a result of a system error, including any errors related to reference/affiliate links, or disclosure of circumstances of your violation of the Terms and Conditions at a later time, as a result of which your commission balance was unduly increased, the calculated remuneration will be undue and will be returnable to us.
- If a Client originating from you becomes our Partner, you will not be entitled to commission on the amounts paid by subsequent Clients recommended by the new Partner.
- The Partnership Agreement is concluded for an unlimited period of time and may be terminated by you or us upon 1-month (one month) termination notice.
- We may also terminate the Agreement with immediate effect, if you act to our detriment or in violation of our interests.
- At the latest on the date of termination or expiry of the Agreement, you are obliged to use all funds collected in your Partner Panel – if you fail to use such funds before termination or expiry of the Agreement, the unused amounts will be forfeited.
- If, as a result of your efforts, a Client concludes the Final Agreement with us at a later time and pays it up upon termination or expiry of our Partnership Agreement, you will not be entitled to commission on those amounts.
LIABILITY OF CALLPAGE
- We strive to act with utmost diligence, but we are not liable for any errors in the operation of the tools provided to you, in particular the Partner Panel and the Materials, and for the consequences of their use that: (a) result from dysfunction of the Internet or software connected with managing codes or reference (affiliate) links; (b) result from an omission of your identifier for reasons non-attributable to us (e.g. false script reading due to an incompatible browser, Client’s deleting a cookie).
- We are also not liable for the manner in which you use the Materials. Further, we do not supervise or review your advertising spaces.
- Due to the character of the Agreement in which commercial success depends on your activity and approach, we are not liable against you for any profits lost by you, and our liability for damage is limited to actual losses suffered by you. We are also not liable for: (a) delays in calculating the remuneration due to you because of technical issues with the Application or the system as part of which the Partner Panel is made available to you; (b) Client’s failure to use the cookie technology or any other kind of Client’s action that affects the possibility of verifying whether the Final Agreement was concluded as a result of your efforts.
- We may amend these Terms and Conditions, in particular due to material reasons, whether legal (in particular, change of generally applicable legal provisions related to CallPage’s activity or change of CallPage’s business form) or technical (in particular, extension of the Program scope). Any amendment to the Terms and Conditions will be made in electronic form, even if the Partnership Agreement was concluded in writing.
- You will be notified of any amendment to these Terms and Conditions by an e-mail sent at least 15 (fifteen) days before the new Terms and Conditions come into effect. If you fail to terminate the Agreement by the said date, you will be deemed to have accepted the Terms and Conditions in their amended wording without reservations.
- These Terms and Conditions constitute the general terms and conditions of the Partnership Agreement. Any matters not regulated in these Terms and Conditions are governed by the CallPage Terms of Service available here https://www.callpage.io/terms-of-service
- You may not transfer any rights (debts) arising out of the co-operation under the Agreement without our prior consent, which will be expressed in writing otherwise being null and void.
- The governing law for liabilities resulting from the Terms and Conditions and the Partnership Agreement is Polish law.
- The Terms and Conditions become effective on July 24, 2023.