TERMS AND CONDITIONS OF THE WHITEPRESS® PLATFORM AFFILIATE PROGRAMME

 

  1. Definitions

    Whenever any of the following terms appear in the Regulations, they shall have the following meaning relevance:

    Affiliate link – a unique link redirecting to the WhitePress® Platform, generated individually for each Partner, available in the Partner User Panel on the Platform;

    New Customer – an Internet end-user, not being a User, who, as a result of the Partner's direct action of disseminating and promoting the Affiliate Link, registers on the WhitePress® Platform;

    User Panel – an individual profile of a WhitePress® Platform User, containing the User's data (which can be edited by the User) and the history of services used by the User;

    Affiliate – User who has joined the Affiliate Programme;

    Platform, WhitePress® Platform – a website, located at whitepress.com;

    Programme, Affiliate Programme – a programme for the promotion of the Platform by Platform Partners WhitePress®, of which WhitePress is the Administrator;

    Commission – the Partner's remuneration due for acquiring a New Customer on behalf of WhitePress, under the conditions laid down in point. V of these Regulations;

    Terms and Conditions – this document, which sets out the terms and conditions for joining and participating in the Affiliate Programme, as well as the terms and conditions for the running of the Programme by WhitePress;

    WhitePress® Platform User Terms and Conditions – means, depending on the status of the Platform User, the Publisher Terms and Conditions, Advertiser Terms and Conditions, Journalist Terms and Conditions and/or Influencer Terms and Conditions, available on the WhitePress® Platform;

    Agreement – the legal relationship that arises between the Partner and WhitePress upon the Partner's acceptance of these Terms and Conditions, with the content set out in the Terms and Conditions; the conclusion of the Agreement does not require any additional written or documentary confirmation;

    User – an Internet end-user, who is a legal person, a natural person running a business or an organisational unit without legal personality, to which the law grants legal capacity, having a registered account of a Publisher, Advertiser, Journalist or Influencer on the WhitePress® Platform;

    WhitePress® – WhitePress Publishing LTD (United Kingdom) a limited liability company with its registered office in the United Kingdom, with registered office at 590 Kingston Road, SW20 8DN London, United Kingdom, registered under the entry number: 12339845, TAX ID No.: 348918847, and other companies from the WhitePress Group.

  2. General provisions
    1. These Terms and Conditions set out the terms and conditions for the User's entry and participation in the Affiliate Programme, as well as the terms and conditions for the running of the Affiliate Programme by WhitePress.

    2. The Regulations specify the terms and conditions for the provision of services by electronic means with regard to the implementation of the Affiliate Programme and are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Dz.U.2020.344, i.e. of 2020.03.03).

    3. An Affiliate can become a User of the WhitePress® Platform, having a registered account of a Publisher, Advertiser, Journalist or Influencer, subscribing to the Affiliation Programme under the terms and conditions indicated in these Rules.

    4. Accession to the Affiliation Programme by the User is voluntary and free of charge.

    5. By joining the Programme, the User declares that he or she has read and accepts these Rules.

    6. The regulations are available free of charge in electronic form at: https://www.whitepress.com/en/conditions-affiliate-program

  3. Conditions for participation in the Programme
    1. In order to participate in the Programme, users must have a user account on the WhitePress® Platform. and acceptance of these Rules.

    2. Upon acceptance of the Terms and Conditions, which takes place by joining the Programme, the User of the Platform is granted the status of Partner within the meaning of these Terms and Conditions.

    3. WhitePress provides the Affiliate within the User Panel on the WhitePress® Platform with a personalised Affiliate Link and a set of banners to download from the "Affiliate Programme" tab.

    4. The affiliate link is used to identify New Customers who create an account on the Platform. WhitePress® as a result of the Partner's promotional activities.

    5. The Partner has the ability to promote the WhitePress® Platform in any way it chooses, however any action by the Partner which constitutes a breach of good morals, the principles of fair competition and the law, in particular the Act of 16 April 1993 on Combating Unfair Competition, is prohibited.

    6. The Partner is responsible for all material that appears on its pages or in its promotional materials. The Affiliate may not promote the WhitePress Platform on websites with subject matter or content not permitted by applicable law, including, in particular: (i) websites offering illegal gambling, pornographic material, illegal software, music, films or other digital content, made available in violation of the law, including in violation of the personal copyright of the creators of such content or the property rights of the holders of the rights to such content; (ii) websites that promote websites offering illegal gambling, pornographic material, illegal software, illegal music, films or other digital content, made available in breach of the law, including breaching the personal copyright of the authors of such content or the economic copyright of the holders of the rights to such content; and (iii) websites whose subject matter could in any way endanger the image and reputation of WhitePress.

    7. It is not permitted for the Affiliate to promote the WhitePress Platform on newsgroups, forums and other online public venues that the Affiliate does not own, in a manner that does not comply with the terms and conditions of such venues or that raises legitimate objections from their users or administrators.

    8. It is not permitted for a Partner to promote the WhitePress Platform by:

      • to send unsolicited commercial information regarding the WhitePress Platform to users on the Internet, in particular in the form of so-called spam, sent by any technical means, including but not limited to e-mails or text messages (SMS);

      • impersonation by the Partner of any member of the WhitePress team;

      • leading to the creation of an account on the WhitePress Platform by a New Customer as a result of fraud, intentional misrepresentation or through corrupt actions (giving a personal or material benefit or promising to give such a benefit);

      • any action that may have a negative impact on the image and reputation of WhitePress, with the assessment of the negative impact of the Partner's action on the image or reputation of WhitePress being made arbitrarily by WhitePress.

    9. The Affiliate shall be solely responsible for the activities it carries out and, in the event of damage caused by the Affiliate to WhitePress or third parties, the Affiliate shall be obliged to compensate for such damage.

    10. WhitePress shall have the right to verify the Partner's activities in terms of their compliance with the law and the provisions of these Terms of Use. If violations are found on the Partner's side, WhitePress has the right to take the actions against the Partner referred to in pt. VII, para. 5 of the Terms of Use.

    11. The Affiliate may discontinue its participation in the Programme at any time by making a declaration to this effect via e-mail to: office@whitepress.net.

  4. Principles of the Programme
    1. The Affiliate Programme consists of the Partner's promotion of the WhitePress Platform in order to to acquire new customers for WhitePress.

    2. In order to be able to track the effectiveness of the Affiliate's activities, to be able to measure its performance and to be able to settle Commissions under the Programme, it is necessary for the Affiliate to use the Affiliate Link provided by WhitePress.

    3. An Internet user who clicks on an affiliate link will automatically be tagged with an affiliate ID, which will be stored in the form of a cookie on the respective Internet user's terminal device. The cookie has a validity of 30 days.

    4. When an Internet user, identified by the Partner ID, registers a User account on the WhitePress® Platform, that User of the Platform becomes a New Client and the Partner is entitled to receive Commissions from that New Client under the terms and conditions set out in point. V of the Terms and Conditions below.

  5. Commission
    1. The Affiliate shall be entitled to remuneration in the form of a Commission for orders placed by a New Customer acquired on behalf of WhitePress, with the conditions for acquiring the right to a Commission and its amount being specified in further provisions of the Terms and Conditions.

    2. Partner commission is calculated on each approved order from the service groups:
      • publication of a sponsored article;

      • publication of sponsored articles;

      • 36-month guarantee" service - for accounts registered after 07.04.2022; carried out for a New Customer via the WhitePress® Platform, in the amount of 5% of the net value of the New Customer's order.

    3. WhitePress shall have the right at any time to: (i) expand the groups of services on which the Commission is charged, in particular to include the services of: writing a sponsored article and writing sponsored articles; and (ii) make changes to the amount of the Commission to which the Partner is entitled, based on individual arrangements with the Partner.

    4. The Affiliate is not entitled to a Commission for the mere fact of creating an account by a New Customer. in the Platform.

    5. The Affiliate is not entitled to receive commissions in the event that it is not possible to clearly identifying the New Client as having been acquired by the Partner.

    6. The Partner is entitled to a commission on all orders, as indicated in point 2 above, approved by the New Customer within a period of 5 calendar years from the date of creation of the New Customer's account (registration) on the Platform.

    7. The Commission due may be recalculated by the Affiliate at any time and added to the Affiliate's account balance on the Platform, which is done through the relevant functionality of the Platform User Panel. The Affiliate may verify the balance of the Affiliate's account on the Platform at any time, as well as obtain information on the total amount of the Commission due and the payment history of the Commission. The amount of the Commission is given in net and gross amounts.

    8. Once the monetary value of the Commission has been added to the Affiliate's account balance, the Affiliate may make withdrawals of the collected funds to a bank account via the relevant functionality of the Platform User Panel, subject to paragraph 9 of the Terms and Conditions below.

    9. In order to make a withdrawal of funds accumulated on a User's account, a Partner who is a legal entity or a natural person running a business is obliged to issue a proper VAT invoice to WhitePress, while a Partner who is a natural person not running a business is obliged to issue a bill. The detailed provisions concerning the rules for the withdrawal of funds from a Platform User's account are governed respectively, depending on the User's status, by: (i) the Advertisers' Regulations, (ii) the Publishers' Regulations, (iii) the Journalists' Regulations and/or (iv) the Influencers' Regulations, available on the Platform.

    10. Partners shall, on their own behalf and for their own account, carry out the relevant tax settlements and pay the public law dues for the Commission earned, unless the payer's obligations have been imposed by the relevant legislation on WhitePress. In the event that WhitePress is the payer of the Partner's advance tax payments, the amount of the Commission to be paid shall be reduced by the value of the advance payments collected. WhitePress shall not be liable for any failure or improper compliance by the Partners with their statutory obligations tax law.

  6. Exclusions from entitlement to commission
    1. Any action by the Affiliate aimed at artificially generating Commissions through the creation, by itself or with the participation of third parties, of New Client accounts that are actually managed by the Affiliate or persons or entities affiliated with the Affiliate, including in particular:

      • creation and use of several accounts set up by the Affiliate itself;

      • Partner's commissioning of New Client accounts by relatives or persons or affiliates of the Partner;

      • creation of New Client accounts for the same entities or persons.

    2. WhitePress shall have the right to verify the accounts of New Clients set up on the Partner's recommendation in order to exclude the prohibited activities referred to in paragraph 1 above, on the basis of the data processed by WhitePress in accordance with the Privacy Policy and on the basis of the consent to data processing expressed by the User at the stage of account registration on the Platform.

    3. In the event that irregularities are detected in the New Customer accounts resulting from the Partner's actions referred to in Paragraph 1 above, WhitePress shall have the right to exclude the New Customer(s) account(s) from the Programme, with the result that the Partner shall not be entitled to any Commission for the services provided by such New Customer(s) from the moment the relevant New Customer account is excluded from the Programme.

    4. The Affiliate is not entitled to receive a Commission in the case referred to in paragraph 3 above. 5. The actions indicated in paragraph 1 above shall be considered as a violation of the Terms and Conditions and shall entitle WhitePress to take the actions set out in sec. VII para. 5 of the Terms and Conditions.

  7. Contract
    1. Simultaneously with the acceptance of the Terms and Conditions as referred to in point. III.2 of the Rules and Regulations, between Partner and WhitePress come to an agreement.

    2. The contract is concluded for an indefinite period.

    3. Where the Affiliate is a consumer or an entrepreneur for whom the use of the Affiliate Programme is not of a professional nature, the agreement between WhitePress and such Affiliate shall be concluded on terms and conditions to be agreed individually.

    4. The Partner is entitled to terminate the agreement at one month's notice without having to state a reason.

    5. WhitePress has the right to terminate the Contract with immediate effect if:

      • The Partner is in breach of these Rules;

      • the User's account on the WhitePress® Platform, belonging to the Partner, has been blocked or deleted under the relevant provisions of the WhitePress® Platform User Terms and Conditions.

    6. The contract may be terminated at any time by mutual agreement of the parties.

    7. In the event of termination or dissolution of the Agreement, the Affiliate is obliged to transfer the monetary value of the Commission to the balance of the Affiliate's account referred to in sec. V paragraphs 7 - 9 of the Terms and Conditions. In the event that the Partner fails to carry out the action referred to in the preceding sentence, WhitePress shall be entitled to transfer the monetary value of the Commission accumulated by the Partner to its User account balance on the Platform on its own.

    8. The termination or dissolution of the Agreement has the effect that the Affiliate loses the entitlement to receive commissions on orders placed by New Customers occurring during the period after the termination of the Agreement.

  8. Complaints
    1. All complaints regarding the Affiliate programme should be made by the Affiliates through via e-mail to: office@whitepress.net.

    2. The complaint should include at least: the date and time of the event that is the subject of the the complaint, the complainant's e-mail address and a brief description of the objections raised.

    3. Complaints will be processed within 14 days of receipt, in order of date of receipt.

    4. If it is not possible to meet the aforementioned deadline, WhitePress shall inform the person making the complaint, stating the reason for the extension of the deadline as well as the expected time for a response.

    5. The Affiliate will be informed of the outcome of the complaint by e-mail, on the e-mail address provided in the complaint.

  9. Final provisions
    1. In all matters not regulated in these Terms and Conditions, the provisions of the relevant Partner's User Terms and Conditions of the WhitePress® Platform shall apply.

    2. WhitePress does not guarantee any revenue from the participation of the in the Affiliate Programme.

    3. WhitePress shall not be liable for any damages incurred by the Affiliate, including lost benefits, in connection with the Affiliate's participation in the Programme, nor for any expenses made or incurred by the Affiliate in connection with its participation in the Programme.

    4. These Terms and Conditions shall be governed by universally applicable provisions of Polish law, and any disputes arising hereunder shall be settled by a court having jurisdiction over the place where WhitePress has its registered office. In the case of Partners who are consumers or entrepreneurs, for whom the use of the Affiliate Programme is not of a professional nature, none of the provisions of these Rules shall affect the rights of such Partners granted to them under specific legal acts, which are legally binding on WhitePress.

    5. WhitePress reserves the right to amend the Terms of Use for valid reasons. The Partner shall be notified of each change to the Terms of Use at least 7 days before the changes are due to take effect via email, to the Partner's email address as indicated in the User Panel and via the relevant functionalities of the Platform.

    6. A Partner who does not agree with the changes made has the option to stop participating in the Programme at any time by submitting a declaration of withdrawal via email to: office@whitepress.net.