AFFILIATE PROGRAM TERMS AND CONDITIONS

§1

Terms of use

1. These Affiliate Program Terms and Conditions define the terms of cooperation between the Organizer – HIGH EXPERTS sp. z o.o. (limited liability company) with its registered office in Poznań, ul. Wilczak 16a 61-623 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań – Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under KRS number 0000749439 NIP 7831788419, REGON 381332770, share capital PLN 100 000,00 (one hundred thousand), and the Affiliate – as defined in these Terms and Conditions. This cooperation  regards the promotion and marketing of the Organizer’s products included in the Organizer’s sales offer and available on the Website under the terms and conditions specified in these Terms and Conditions.
2. The purpose of the Affiliate Program is to promote the products included in the Organizer’s sales offer, the purchase of which is possible in the Organizer’s Online Store and thus to attract new Customers by the Organizer.

§2

DEFINITIONS

As used in this document, the following terms shall have the following meaning:

1. Terms and Conditions – these Terms and Conditions of the Affiliate Program pertain to the promotion and marketing activities of the products included in the Organizer’s sales offer and available on the Organizer’s Website, as indicated in the Terms and Conditions
2. Affiliate Program – a program organized by the Organizer, where the Affiliate shall perform promotional and marketing activities of the products included in the Organizer’s sales offer and available on the Organizer’s Website in exchange for a Commission, as specified in these Terms and Conditions;
3. Organizer – HIGH EXPERTS sp. z o.o. (limited liability company) with its registered office in Poznań, ul. Wilczak 16a 61-623 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań – Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under KRS number 0000749439 NIP 7831788419, REGON 381332770, share capital PLN 100 000,00 (one hundred thousand);
4. Affiliate – a natural person running a business activity, a legal entity or an organizational unit without legal personality, to whom legal capacity is granted by the act, who joined the Affiliate Program organized by the Organizer in accordance with the principles set forth in these Terms and Conditions. The Affiliate runs a website in a field similar to the Organizer’s business activity;
5. Affiliate’s Account – an individual account created through the Organizer’s website at: https://vapefully.com/pl/zarabiaj-z-vapefully-program-afiliacyjny/ used to record the activities of the Affiliate, the value of completed sales of products using the Referral Link, the value of the Commission.
6. Referral Link – an individual reference link assigned to an Affiliate that redirects to the Online Store and allows the Customer to take advantage of the Organizer’s sales offer and allows the Organizer to identify that the purchase made by the Customer came through the Affiliate’s activities (referrals links are automatically tracked by the Organizer’s systems);
7. Commission – the Affiliate’s remuneration is calculated as 10% (i.e. including value added tax) on the gross sales value of the products available in the Organizer’s Online Store made by the Customer using the Referral Link;
8. Organizer’s Online Store – Organizer’s online store available at: https://vapefully.com/pl/;
9. Website – the website through which the Account is created;
10. Customer – a natural person, a legal person or an organizational unit without legal personality, to whom the law grants legal capacity, concluding a sale agreement with the Organizer through the Store using the Referral Link;
11. Organizer’s sales offer – the products available in the Organizer’s offer in the Store

§3

THE RULES FOR PARTICIPATION IN THE AFFILIATE PROGRAM

The Affiliate Program can be joined by:

1. a natural person running a business activity,
   legal person
2. an organizational unit without legal personality, to whom the law grants legal capacity, who runs a website in a field similar to the Organizer’s business activity, i.e. related to the vaporizer industry
3. Participation in the Affiliate Program is voluntary and free of charge, but requires:
   1. correct completion by the Affiliate of the registration form available on the Organizer’s Website at: https://vapefully.com/pl/partnerzy/rejestracja/ followed by confirmation of the registration and activation of the Affiliate’s Account;
   2. reading and accepting the Terms and Conditions;
4. In order for the Affiliate to complete the registration form, the Organizer hereby informs that the Affiliate needs access to:
   1. a device that has access to the Internet and a properly installed, configured and up-to-date web browser,
   2. an active mailbox (e-mail);
5. After completing the registration form and after reading and accepting the Terms and Conditions, one should click the “Send Application” button. After clicking on the “Send Application” button, a message will be sent by the Organizer to the electronic mail (e-mail) address provided by the Affiliate in the registration form to confirm the registration of the Account. In the message body of the email an automatically generated password will be included, which can be changed at any time, and the address of the login page for the panel. The account becomes active immediately after registration.
6. In order to log in to the Affiliate’s Account, one should use the e-mail address provided at registration as login and the password received from the Organizer.
7. After logging into the account, the Affiliate has permanent access and insight into his/her dashboard, which contains all the necessary data and statistics such as current balance, number of people “visiting through the link” or payment history. The Affiliate’s individual Referral Link is available under the “Links” tab.
8. Registering an Account is considered equivalent to the Affiliate joining the Affiliate Program and entering into an Affiliate Agreement between the Affiliate and the Organizer (Affiliate Agreement).
9. The Affiliate declares that the data provided by him/her in the registration form is correct and true. In case of any doubts, the Organizer is entitled to verify the data provided by the Affiliate in the registration form. For this purpose, the Organizer may request the Affiliate to submit a copy of the National Court Register (KRS) document or a copy of the CEIDG or be requested to provide a link redirecting to the Affiliate’s website. If the Affiliate does not provide the data requested by the Organizer – the Organizer is entitled to refuse to provide the Referral Link and block the Account.
10. Accounts registered by bots or other automated methods are not allowed to participate in the Affiliate Program.
11. The account can be used only by the person whose data was provided in the registration form. It is not allowed to share login data and password with third parties.
12. The Affiliate shall be held fully responsible for the security of protecting login data (login, password) against unauthorized access.
13. The Affiliate may have one active Account.
14. The Affiliate Agreement with the Organizer as part of the Affiliate Program is ongoing for an indefinite period of time. Either Party may resign from participation in the Affiliate Program by giving a one month’s notice.
15. The Organizer has the right to terminate the Affiliate Agreement with immediate effect, i.e. without notice, in case of violation by the Affiliate of the provisions of the Affiliate Program set forth in these Terms and Conditions.
16. Upon termination of the Affiliate Agreement or resignation from the Affiliate Program, the Referral Link shall be deactivated and the Affiliate shall lose access to the Account.

§4

RESPONSIBILITIES OF THE AFFILIATE

1. Within the scope of the Affiliate Program, the Affiliate is obliged to undertake promotional and marketing activities of the products included in the sales offer of the Organizer available on the Website, by placing a Referral Link on his/her website.
2. The Affiliate declares that he or she is the owner of the website (has the right to use the domain name of the Affiliate’s website).
3. Under the Affiliate Program, the Affiliate agrees to:
   1. not to take actions that might damage the good name of the Organizer;
   2. not to take actions that would constitute an act of unfair competition within the meaning of the Act of April 16 1993 on Suppression of Unfair Competition (i.e. Dz. U. [Journal of Laws] from 2022, item 1233);
   3. refrain from activities that may bear the appearance of sending unsolicited commercial information;
4. It is forbidden to use the Affiliate Program for purposes that are contrary to generally applicable laws or these Terms and Conditions.
5. The Affiliate is not authorized to use the Referral Link for private purposes.
6. The Affiliate shall bear sole responsibility for:
   1. the content posted on his/her website;
   2. the technical placement of the Referral Link on his/her website;

§5

COMMISION

1. If the Customer purchases a product from the Organizer’s sales offer in the Organizer’s Online Store using the Referral Link, the Affiliate is entitled to  a commision of 10% of the gross amount (i.e., including value added tax) of the gross value of the products (purchases) made by the Customer in the Organizer’s Online Store using the Referral Link.
2. The condition for granting the commission to the Affiliate is the finalization of the purchase by the Customer on the Organizer’s Website of a product from the Organizer’s sales offer in the Organizer’s Online Store using the Reference Link and payment in full of the product’s price (purchases), whereby the maturity of the Commission to be paid depends on the fulfillment of the conditions set forth in paragraphs 3-4 hereof.
3. In the case of a Customer who is a consumer and a person referred to in Article 38a of the Act of 30 May 2014 on Consumer Rights (i.e. Dz. U. [Journal of Laws] from 2020, item 287, as amended), the payment of the Commission to the Affiliate shall be made on the condition that the Customer does not exercise his or her statutory right to withdraw from the agreement under the provisions set forth in the Terms and Conditions of the Online Store (CHAPTER 8 – WITHDRAWAL FROM AGREEMENT).
4. In the case of Customers entitled to exercise his or her voluntary right of return, payment of the Commission to the Affiliate shall be made on the condition that the Customer has not exercised his/her right to return in accordance with the Terms and Conditions of the Online Store (CHAPTER 0 – VOLUNTARY RIGHT TO RETURN).
5. The Organizer reserves the right to refuse to pay the Commission if the Organizer has reasonable doubts as to whether the Commission has been charged in violation of these Terms and Conditions. In such a case, the Affiliate is entitled to receive an explanation from the Organizer regarding the reasons for the refusal to credit the Commission.
6. The amount of the Commission can be verified at any time by the Affiliate using his or her Account, subject to the provisions of §5 section 3-4 of these Terms and Conditions.
   The payment of the Commission shall be made during the monthly accounting period, however, the Organizer shall pay the outstanding Commissions only when the accrued commission is over PLN 500.00 deriving from the sales generated from the Affiliate’s Referral link.
7. If, during the monthly period, the Affiliate does not obtain the right to the Commission in the amount of PLN 500.00 resulting from the sales generated from the Affiliate’s Account then the payment of the Commission shall take place at the earliest after the Affiliate obtains the Commission in the amount of PLN 500.00 resulting from the settlements in the Affiliate’s Account. The Commission will be paid within a period of not less than 14 days after the end of the accounting period, subject to section 8 above, on the basis of a VAT invoice correctly issued by the Affiliate and delivered to the Organizer.
8. The amount of the Commission stated in the VAT invoice should correspond to the amount of the due Commission resulting from the Affiliate’s Account, subject to §5 sections 3-4 of the Terms and Conditions. In the event of a discrepancy between the amount of the Commission resulting from the VAT invoice and the amount of the Commission resulting from the Affiliate’s Account, the Organizer reserves the right to withhold payment of the Commission until the dispute is resolved.
9. The VAT invoice should be sent via email to: highexperts.ksiegowosc@gmail.com
10. The payment of the Commission will be made by bank transfer to the Affiliate’s bank account specified in the VAT invoice. The bank account should be the same as the bank account provided in the Account.
11. Under the Affiliate Program, the Affiliate is not entitled to any remuneration other than the Commission.
12. Following the Affiliate’s resignation from the Affiliate Program, the Affiliate shall not be entitled to a Commission for the incomplete accounting period.

§6

PROTECTION OF PERSONAL DATA

1. The Organizer is the administrator of the Affiliate’s personal data.
2. As part of the Affiliate Program, the Administrator collects and processes personal data necessary for providing its services. Submitting personal data is voluntary. The collected data is used in accordance with governing laws.
3. The Administrator processes the Affiliate’s personal data for the duration of the Affiliate Agreement, and thereafter until the expiration of the statute of limitations on civil law claims that may arise from the Affiliate Agreement.
4. The Affiliate has the right to revoke his/her consent to the processing of personal data, however this revocation does not affect the legal personal data processing which occurred before the date of the aforementioned revocation.
5. Personal data may be used to: enable the use of services available on the Organizer’s Website (Account), to communicate with the Affiliate for marketing and promotional purposes, and to receive commercial information provided by the Organizer as defined in the Act of 18 July 2002 concerning the provision of digital services.
6. The Affiliate has the right at any time to obtain information about the content of the processed data and has the right to correct, change and delete it, provided that this is in accordance with applicable laws, by contacting, via e-mail, info@vapefully.com.
7. The Administrator hereby undertakes to exercise due diligence to guarantee the protection of all data and information provided by Users.
8. The Affiliate is also personally responsible for the secure transmission of personal data and the use of the parameters provided to him/her for the use of the personalized parts of the Account, in particular the relevant passwords. Any voluntary sharing of personal data for public use on the Internet is at his/her sole risk and may result in the use of such data in an undesirable manner by the Affiliate.
9. The provision of any information or the sending of any documents by the Affiliate is entirely voluntary.
10. The Organizer fully respects the right to privacy and protection of personal data of its Users. For more information, please refer to the Privacy Policy available on the Organizer’s website at: https://vapefully.com/pl/polityka-prywatnosci/.
    The privacy policy, including information on cookies, can be found in the Cookie Policy on the Organizer’s website.

§7

CONFIDENTIAL DATA

1. The Parties mutually undertake to keep confidential information private.
2. Confidential information is any information relating to either Party, specifically including: business, financial, economic or technical and organizational information which is disclosed in the context of the cooperation, whether such information is given in writing, orally or in any other form and whether or not it is clearly marked as confidential information.
3. In particular, each Party shall:
   1. use confidential information only for purposes of the cooperation;
   2. not copy or reproduce the confidential information provided in any way, except as may be necessary for the purpose of carrying out the cooperation.
4.  The confidentiality obligation does not apply to:
   1. information that, at the time of disclosure, was published, public knowledge or otherwise public information;
   2. information that, after its disclosure, was published, became public knowledge, or otherwise became public information.
5. If a Party is required by applicable law to disclose confidential information, such disclosure shall not be deemed to have been made in breach of these provisions, provided that the Party immediately notifies the other Party in writing of the existence of such obligation.
6. The obligation of confidentiality remains in effect even after termination of the cooperation.
7. Notwithstanding the aforementioned provisions, the Organiser is entitled to use the Affiliate’s information for marketing purposes.

§8

FILING A COMPLAINT

1. Any irregularities related to the functioning of the Affiliate Program (complaint notification) should be reported via e-mail to: info@vapefully.com.
2. At the very least, a complaint should include: contact details of the person making the complaint and a description of the circumstances giving rise to the complaint.
   A complaint will be considered within 14 calendar days from the date of receipt of the complaint by the Organizer.
3. The Organizer shall inform the applicant about the manner in which the complaint is to be handled via e-mail to the address provided in the complaint notification form.

§9

AFFILIATE PROGRAM SUSPENSION

1. The Organizer reserves the right to terminate or temporarily suspend the Affiliate Program at any time, without giving any reason.
2. The Affiliate Program is temporarily suspended for the duration of the Organizer’s planned major promotional actions, such as Black Week or 4/20 sales. In such a case, the Organizer shall inform the Affiliate well in advance of the date of the promotional campaign and the period of suspension of the Affiliate Program. In order to avoid any doubt, during the duration of the promotional period, the Affiliate does not receive additional compensation, even if the Customer uses the Referral Link.

§10

FINAL PROVISIONS

1. To all matters not settled herein, the provisions of generally applicable laws shall apply.
2. The Organizer reserves the right to amend these Terms and Conditions at any time, in which case the Organizer shall inform the Affiliate of the aforementioned change by posting a relevant message in the Affiliate’s Account or via e-mail to the address indicated in the Affiliate’s Account. The Affiliate has the right to terminate the Affiliate Agreement if the Affiliate does not accept the new Terms and Conditions, however the Affiliate should submit a statement to this effect within 14 days from the date of the announcement of the changes to the Terms and Conditions.
3. These Terms and Conditions shall come into effect on December 23, 2022.