TABLE OF CONTENTS
1 GENERAL PROVISIONS
2 DEFINITION OF TERMS
3 REGISTRATION TO THE COMMISSION SYSTEM
4 PROMOTION
5 RIGHTS AND OBLIGATIONS OF THE PARTNER
6 RIGHTS AND OBLIGATIONS OF THE OPERATOR
7 ENTITLEMENT TO COMMISSION AND ITS AMOUNT
8 COMMISSION PAYMENT
9 CONTRACT DURATION AND TERMINATION
10 PERSONAL DATA PROTECTION
11 CONFIDENTIALITY
12 FINAL PROVISIONS
1 GENERAL PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as the “Terms“) of the Affiliate program govern the rights and obligations between the participant of the affiliate program (hereinafter referred to as the “Partner“) and the entrepreneur Peter Sova, ID No.: 02718618, with its registered office at Náměstí Junkových 2870/3, 155 00 Prague 5 – Stodůlky (hereinafter referred to as the “Operator“), who operates the affiliate program (hereinafter referred to as the “Commission system“) available on the website www.inhaleum.cz (hereinafter referred to as the “Website“).
1.2 By registering for the Commission system, both the Partner and the Operator express their consent to these Terms and both parties undertake to abide by these Terms.
1.3 The Partner declares that all data provided by him during online registration is truthful and complete. Only a Partner who has the necessary authorizations for such activities, in particular the appropriate business license, may participate in the Program.
2 DEFINITION OF TERMS
2.1 For the purposes of these Terms, a Partner shall mean any entity that registers for the Commission system through the Website. A Partner may be an individual entrepreneur or a legal entity with full legal capacity. Employees of the Operator and individuals whose registration in the Commission system has been terminated by the Operator cannot become Partners.
2.2 A Partner must be the owner or user of a website or an active account on social networks and must have a personal affiliate dashboard generated and made available by the Operator (see Article 2.14).
2.3 The Commission system is the Operator’s affiliate program, which is governed by these Terms and in which Partners, through marketing support, cooperate with the Operator to acquire new customers for the services of the INHALEUM salt therapy studio (hereinafter referred to as the “Studio“) and, upon fulfillment of the agreed conditions, receive a commission from actually realized transactions.
2.4 For this purpose, the Operator enters into a cooperation agreement (hereinafter referred to as the “Agreement“) with each Partner, which establishes a contractual relationship between the Operator and the Partner, based on the Partner’s registration in the Commission system through the Website, whereby the Partner expresses its willingness to enter into the Agreement, and the content of which is governed by these Terms. The Agreement is concluded by the Partner’s acceptance of the Terms of the Operator’s Commission system upon registration. The Agreement is neither an agency agreement nor a commercial representation agreement.
2.5 Services (hereinafter referred to as “Services“) shall mean
- salt therapy (also known as halotherapy or dry salt therapy) in a salt cabin and all services associated with participating therein (hereinafter referred to as “Therapy“) at the times published in the reservation system on the Website;
- the sale of gift vouchers (hereinafter referred to as “Voucher“) and entry passes (hereinafter referred to as “Entry pass“) for Therapy through the order form on the Website.
2.6 A visitor (hereinafter referred to as “Visitor“) shall mean a person who visits the Operator’s Website as a result of the activities carried out by the Partner within the permitted methods of promotion.
2.7 A customer (hereinafter referred to as “Customer“) shall mean an entity that duly orders and pays for the Service.
2.8 A conversion (hereinafter referred to as “Conversion“) shall mean an action by a Visitor that is the goal of the Partner’s marketing activities. A Conversion shall mean, in particular, the purchase of a Service by a Customer on the Website, i.e., the making of a valid reservation for entry to the Studio for the purpose of undergoing Therapy (hereinafter referred to as “Reservation“) or the ordering of a Voucher or Entry pass (hereinafter referred to as “Order“). A Visitor becomes a Customer of the Provider through a Conversion.
2.9 An approved conversion (hereinafter referred to as the “Approved conversion“) shall mean a conversion where the Customer has duly and fully paid the price for the Service in accordance with the offer and terms and conditions of the Service and within the meaning of the Commission system.
2.10 Promotion methods (hereinafter referred to as the “Promotion“) shall mean marketing and other similar activities of the Partner by which the Partner promotes the Operator’s services. This may include, for example, a banner, other advertising element or text link (hereinafter referred to as “Promotional materials“), always with an active link to the Operator’s Website.
2.11 A commission link (hereinafter referred to as the “Commission link“) shall mean a unique link assigned to the Partner within the Commission System, which contains a unique identification code assigned to the Partner and which the Partner will use to link to the Operator’s Website.
2.12 A click (hereinafter referred to as the “Click“) shall mean the conscious clicking of an advertising space or commission link by a visitor on the Partner’s website or social network, which activates the link to the Operator’s Website and redirects the visitor to this Website.
2.13 A commission (hereinafter referred to as the “Commission“) shall mean the Partner’s reward for brokering a Conversion, i.e., a Reservation or Order, within the Commission system. The Partner is entitled to a Commission only if their Commission link was used in the realization of an Approved conversion.
2.14 A personal affiliate dashboard (hereinafter referred to as the “Dashboard“) is the Partner’s Dashboard in Google Sheets (Google Sheets) maintained by the Operator, to which the Partner has online access. The account records data relating in particular to the number of Visitors, Reservations, Orders, and claims for their own Commissions. The Partner’s Commission link and Promotional materials are also made available to the Partner here. For reasons of economy, the Operator is not obliged to provide this data in any other way than online via the Commission system Dashboard. Each Partner may have at most one Dashboard.
3 REGISTRATION TO THE COMMISSION SYSTEM
3.1 Registration for the Commission system on the Operator’s Website is free for the Partner.
3.2 The Partner registers for the Commission system (hereinafter referred to as “Registration“) by completing the online registration form available on the Operator’s Website and fully completing all mandatory fields. Registration is subject to approval by the Operator.
3.3 The Partner is obliged to provide true and complete information in the registration form and, during the term of the Agreement, the Partner is obliged to inform the Operator immediately of any change in the data. The Operator shall not be liable for any damages incurred by the Partner as a result of incorrect or incomplete data or due to a failure to notify of changes in the data.
3.4 The Operator reserves the right to refuse the Partner’s registration for the Commission system without giving any reason.
3.5 Upon approval of the Registration by the Operator, the Partner will be sent information for accessing the Dashboard. The Partner is obliged to protect this information from misuse by third parties and is fully liable to the Operator for any damages incurred by the Operator as a result of misuse of this information.
3.6 Upon first opening of the Dashboard, the Partner is obliged to check their personal data and to report any errors in the data to the Operator without delay.
4 PROMOTION
4.1 The banners, texts and other content placed in the interface of the Commission system, including the software of the Website and the Commission system, are protected by the copyright of the Operator and may be protected by other rights of third parties. The content may not be modified, copied, reproduced, distributed or used by any third party for any purpose without the written consent of the Operator or other copyright holder.
4.2 The Partner shall place a Commission link to the Operator’s Website on their website, social network or other suitable location. This Commission link must contain a unique identification code assigned to the Partner. Links that do not contain a unique identification code are not included in the statistics of the Commission system and no claim for Commission can be made through them.
4.3 For visitors who come to the Website via the Commission link, a so-called cookie with a validity of 90 days will be stored on their computer, which will ensure the identification of Visitors, even if they enter the Operator’s Website later only by directly entering the www address of the Operator’s Website.
4.4 Based on the realized Approved conversion made by a Visitor mediated by the Partner, the Partner shall be entitled to a Commission, which the Operator shall credit to the Partner’s Account. For technical reasons, the Commission is only credited for a Visitor who has so-called cookies enabled on their computer.
4.5 Upon termination of the Agreement for any reason, the Partner’s Dashboard will be deleted.
5 RIGHTS AND OBLIGATIONS OF THE PARTNER
5.1 The Partner has the right to terminate their Registration in the Commission system at any time without giving a reason and without any consequences or obligations, in accordance with Article 9 of these Terms.
5.2 The Partner has the right to the proper payment of commissions in accordance with Articles 7 and 8 of these Terms.
5.3 The Partner agrees to comply with these Terms and acknowledges that in case of their violation, their registration in the Commission system may be terminated by the Operator, and they may thus be excluded from this Commission system.
5.4 The Partner is obligated to ensure that their activities do not harm or jeopardize the good name and reputation of the Operator or the Services offered by the Operator.
5.5 The Partner shall not promote the Operator’s services on websites that contain, for example:
- pornographic or other illegal content;
- incitement to violence, terrorism, racism, or hatred;
- support for or promotion of any movement that suppresses human rights;
- infringement of copyrights, trademarks, or any other intellectual property rights;
- viruses, spyware, adware, or any other destructive or harmful software or code;
- other content that is contrary to the laws of the Czech Republic.
5.6 The Partner shall not promote the Operator, its Services, or its Website in a manner that is contrary to good morals and that damages the reputation of the Operator, such as by making false claims about the Services offered or through the use of pop-up and pop-under windows.
5.7 The Partner, their family members, or persons acting in concert with the Partner may not order Services from the Operator through the Partner’s own affiliate link. Should this occur, the Partner’s right to Commission from such Conversions is forfeited. If such conduct causes damage to the Operator, the Partner is obligated to fully compensate the Operator for the damages.
5.8 The Partner is obliged to protect their Dashboard access information from misuse by third parties. The Operator is not responsible for any damage the Partner incurs as a result of such misuse.
5.9 The Partner is entitled to use all textual and visual materials for promoting the Operator that are the result of the Operator’s creative work or for which the Operator holds a valid license, and that have been provided or made accessible to the Partner in the Commission system for this purpose. Without the prior consent of the Provider, the Partner is not authorized to alter the appearance of these materials or use them for any purpose other than promoting the Operator’s Services. Any modifications may only be made with the express written consent of the Operator.
5.10 The Partner is entitled to create and use their own graphic, audiovisual, and textual content; however, they must ensure that they have secured the necessary licenses for such content. The Partner retains the copyright to this content, but grants the Operator the right to freely use this content for marketing purposes on all of the Operator’s social media platforms and websites within the scope of this collaboration.
5.11 In connection with the Commission system, the Partner may not use methods that are illegal or violate commonly accepted ethical standards on the Internet, such as sending unsolicited emails and SMS messages (classified as SPAM), altering the content of third-party websites, or violating their rules, among other illegal or unethical practices. The Partner must also ensure that the methods of promotion they choose do not unfairly increase the number of advertising impressions for the Operator’s Services through programs, scripts, banner reloading, or other means. If the Operator identifies such activity, the Operator has the right to withdraw from the Agreement and terminate the Partner’s participation in the Commission system. In such a case, the Partner forfeits any Commissions that have not yet been paid.
5.12 The Operator’s Services may be promoted using PPC campaigns through AdWords, Sklik, or Facebook Ads. However, for these purposes, PPC ads must be directed to the Partner’s own landing page. It is also prohibited to use brand-related terms in the domain name of the affiliate website.
5.13 The Partner acknowledges that access to the Dashboard may be temporarily unavailable due to technical maintenance of the Commission system. The Partner is not entitled to compensation for any damages resulting from the temporary unavailability of the Dashboard.
6 RIGHTS AND OBLIGATIONS OF THE OPERATOR
6.1 The Operator undertakes to regularly approve the Partner’s conversions as part of the commission approval process. The Partner will be informed of the conversion approval via their Dashboard.
6.2 Cookies on customers’ computers are used to collect information about Conversions. Cookies are valid for 90 days. The Partner acknowledges and the Operator is not responsible for the fact that if a customer disables the use of cookies in their web browser or otherwise, the Conversion cannot be attributed to the Partner’s Commission link, and the Partner is not entitled to a Commission for such a Conversion.
6.3 The Operator undertakes to pay the Partner a Commission for the Approved conversions they have made, in accordance with Article 8 of these Terms.
6.4 The Operator undertakes to provide the Partner with access to the Dashboard where they can monitor the results of their promotional activities online and also the amount of their current Commission in accordance with these Terms.
6.5 The Operator is entitled to request promotional emails and other texts that the Partner intends to use in the campaign for approval.
6.6 The Operator reserves the right to check the content of pages and the placement of links on Partners’ pages and, if a violation of the obligations set out in Articles 5.7 and 5.11 of these Terms is found, the Operator is entitled to deduct all Commissions from the Partner’s account in the Commission system.
6.7 The Provider is not liable for any damages caused by the Partner’s promotion of the Operator’s Services.
6.8 The Operator is not responsible for the accuracy, completeness, and timeliness of the content of the Website. The Operator is also not liable for any direct or indirect damages, for any loss of data, profits or income arising in connection with the connection and use of the Operator’s Website and further for damages arising from its partial and/or complete non-functionality. The Operator does not guarantee the flawless functioning of the Website and is not liable for any direct or indirect damages caused by the inability to connect to this Website and/or the inability to use its content. The Operator is also not liable or responsible for the obligations of persons whose offers are presented in the form of advertising, advertising or otherwise on the Operator’s Website.
6.9 The Operator reserves the right to terminate the cooperation with the Partner who violates the provisions of these Terms at any time after discovering the violation of the Terms without any entitlement to payment of any financial amount to the Partner excluded from the Commission system, in accordance with Article 9 of these Terms.
7 ENTITLEMENT TO COMMISSION AND ITS AMOUNT
7.1 An entitlement to a Commission arises on the basis of a realized Approved conversion of a Customer who orders Services on the Operator’s Website.
7.2 The amount of the Partner’s Commission is 10% of the price of the Approved conversion.
7.3 The amount of the Commission shall be determined solely on the basis of records kept by the Operator; no other methods of measurement or statistics shall be recognized by the Operator and shall have no effect on the amount of the Commission.
7.4 Commissions shall be approved by the Operator without delay after the expiry of the period during which legal regulations or the Operator’s Terms and conditions allow the Customer to withdraw from the contract. The approval of Conversions and the assignment of Commissions to Partners in the Commission system is carried out manually. The Partner will be informed of the approval of the Commission via their Dashboard.
7.6 The Commission includes all costs incurred by the Partner in connection with their activities in the Commission system.
7.7 A Commission shall not be paid for a mere visit to the Operator’s Website via the Partner’s Commission link.
7.8 An entitlement to a Commission shall not arise if a Reservation or Order of an intermediated Customer is canceled for any reason and the Customer is refunded.
8 COMMISSION PAYMENT
8.1 The Partner is entitled to the payment of the Commission after the end of each billing period. The billing period is one calendar month, with the first billing period starting on the day the Agreement is concluded.
8.2 The Partner is entitled to the payment of the Commission when the total sum of Commissions in their Dashboard at the end of the calendar month reaches at least 500 CZK. If this limit is not reached, the Commission is carried over to the next month. The Commission may be carried over to the next month repeatedly until the total accumulated amount of the Commission reaches the minimum amount of 500 CZK.
8.3 The amount of the commission is displayed in the Dashboard of each Partner in the Commission system and is updated regularly.
8.4 In the event that the Partner is entitled to the payment of a Commission, the Partner shall issue an appropriate invoice by the 10th day of the following calendar month and send it to the Operator electronically to the email address marketing@inhaleum.cz.
8.5 The issued invoice must meet all the requirements of a proper tax document and must contain the name and surname of the Partner (or the company name) used in the Operator’s Commission system. If the Partner does not issue and send a duly completed invoice by the end of the calendar month in which the Partner is obliged to issue the invoice, the entitlement to remuneration for that month (period) shall lapse.
8.6 Unless otherwise agreed between the Parties, the minimum payment term for each invoice is 14 days from the date of its issuance. If a shorter payment term is stated in the invoice, the invoice is due 14 days from the date of delivery of the invoice to the Operator. The Operator is not obliged to pay an invoice issued for an amount that does not correspond to the data stated in the Dashboard or that is issued for an amount less than 500 CZK.
8.7 In the event that the Partner is entitled to the payment of a Commission, the Partner may, within 5 days of the following calendar month, lodge an objection to the amount of the Commission stated in the Dashboard. The Operator shall investigate the Partner’s objection and send the Partner its statement within 30 days. If the Partner’s objection is found to be justified, the amount of the recognized difference shall be settled in the following settlement. If no objection is raised by the Partner to the amount of the Commission by the 5th day of the following calendar month, the Partner’s right to lodge an objection shall lapse and the amount of the Commission shall be deemed to be correct.
8.8 Commissions to which the Partner is entitled and which have been invoiced shall be paid by the Operator by the due date to the Partner’s bank account stated on the invoice, unless this is a case of insufficient remuneration pursuant to Article 8.2.
8.9 The Partner is obliged to tax the Commission in accordance with the applicable Income Tax Act. If the Partner is a VAT payer, the tax rate valid for the arising of the obligation to declare tax in accordance with the applicable legal regulations shall be applied to the invoice, i.e. the Partner shall add the VAT rate to the invoiced amount.
8.10 The payment of Commissions shall be made exclusively by bank transfer in CZK (Czech crowns) to the Partner’s bank account held in a bank in the Czech Republic. Commissions shall not be paid in cash, by foreign bank transfer, postal order or in any other way, unless otherwise agreed between the Partner and the Operator.
8.11 In the event of termination of the Agreement by agreement or termination, the Partner is entitled to the payment of Commissions to which they are entitled on the date of termination of the Agreement. Commissions shall be paid to the Partner at the latest within 14 days of receipt of the invoice.
9 CONTRACT DURATION AND TERMINATION
9.1 The Agreement is concluded for an indefinite period.
9.2 The Agreement may be terminated:
- By agreement between the Operator and the Partner.
- By termination by the Operator or the Partner. Notice of termination must be given in writing or by email and delivered to the other party, even without stating reasons. The Agreement terminates on the date of delivery of the notice of termination to the other party.
- By withdrawal from the Agreement by the Operator. The Operator is entitled to withdraw from the Agreement if it is proven that the Partner is acting in breach of these Terms, legal regulations or good morals. Notice of withdrawal must be given in writing or by email and delivered to the Partner with a statement of the reason for withdrawal. The Agreement then terminates on the date of delivery of the notice of withdrawal to the Partner. Upon withdrawal from the Agreement by the Operator, the Partner’s entitlement to unpaid Commissions shall lapse. If the breach of these Terms or legal regulations has caused damage to the Operator, the Partner is obliged to compensate it in full (the amount of damages shall not be reduced by unpaid commissions).
9.3 Termination of the Agreement shall not affect any claims for damages.
9.4 In the event of termination of the Agreement by agreement or notice, the Partner is entitled to claim payment of commissions from the Operator to which they are entitled on the date of termination of the Agreement. Commissions shall be paid to the Partner at the latest within 14 days of receipt of the invoice.
10 PERSONAL DATA PROTECTION
10.1 Personal data of the Partner obtained in connection with the contractual relationship and Registration in the Commission system is processed by the Operator in accordance with Act No. 101/2000 Coll., on the protection of personal data. The provided data will be processed for the purpose of fulfilling the purpose of the Agreement.
10.2 The Partner also agrees that the Operator:
- may process their personal data for marketing and commercial purposes and for this purpose may disclose it to third parties cooperating with the Operator. If another entity has access to their personal data, it will only be within the framework of cooperation on the Operator’s activities for the purpose of improving its services and for business and marketing purposes, and this entity shall not be entitled to transfer the data to any other person.
may use their name (or company name) and logo in presentations, marketing materials, customer lists and on websites. - may contact the Partner to provide information about Services or news, by email or SMS communication.
10.3 The Partner may revoke their consent to the storage and processing of personal data at any time by sending an email to marketing@inhaleum.cz.
11 CONFIDENTIALITY
11.1 The Parties are aware that in the course of cooperation under the Agreement and these Terms, they may have intentionally or inadvertently provided each other with information that will be considered confidential (hereinafter also referred to as “Confidential information”).
11.2 The Parties are obliged to keep secret all information that they obtain in the course of activities carried out on the basis of the Agreement, and are obliged to maintain trade and business secrets of which they have been informed as a result of the cooperation. Confidential information shall be considered to be all knowledge of a commercial, production, technical or economic nature relating to the activities of the Parties, which has a real or at least potential value and which is not generally available in the relevant business circles and is to be kept secret in accordance with the will of the Party whose commercial property it is. Confidential information shall also include software, diagnostics, documentation including manuals and all other information marked as confidential.
11.3 This provision shall remain in force even after termination of the Agreement for any reason, including withdrawal.
12 FINAL PROVISIONS
12.1 In the event of a discrepancy between the Agreement and these Terms, the contractual relationship between the Partner and the Operator shall be governed by the Agreement.
12.2 In matters not governed by the Agreement or these Terms, the contractual relationship between the Partner and the Operator shall be governed by the applicable legal regulations, in particular Act No. 89/2012 Coll., the Civil Code. The Parties have agreed that the Agreement is not an agency agreement nor a commercial representation agreement within the meaning of the Civil Code.
12.3 The Parties undertake to resolve any disputes arising in connection with the Agreement primarily through amicable negotiation. If the dispute is not resolved amicably, the dispute shall be referred to the competent courts of the Czech Republic.
12.4 The Partner is not entitled to assign any claims or receivables arising in connection with the Agreement to a third party without the consent of the Operator.
12.5 The Partner is fully liable for any damages caused by its actions in violation of these Terms and/or the legal order of the Czech Republic to the Operator, other users of the Operator’s Website or third parties.
12.6 Communication between the Parties shall take place primarily electronically via email, or by publishing information on the Dashboard.
12.7 The Operator reserves the right to terminate the Commission system at any time and to change or supplement the content of these Terms. The Operator is obliged to notify the Partner of any change to the Terms via the contact email that the Partner provided during Registration. If the Partner does not notify the Operator without undue delay of their disagreement with the new terms, it shall be deemed that the Partner agrees to the Terms. If the Partner notifies the Operator of their disagreement with the new Terms, the Agreement shall terminate on the effective date of the new terms and conditions.
12.8 These Terms are an integral part of the Agreement concluded between the Operator and the Partner and are legally binding on both Parties. By concluding the Agreement and registering in the Commission system, the Partner has expressed their consent to be bound by these Terms.
12.9 These Terms are drawn up in written and electronic form and are available on the Operator’s Website.
These Terms are effective as of 1 September 2024 and supersede all previous versions of the Terms in their entirety.