Terms & Conditions

§ 1

General provisions

1. These Terms & Conditions determines the conditions that must be met in order to apply for the Affiliate status, as well as the terms of cooperation between the parties who wish to start cooperating with AUTODNA Sp. z o.o. [Ltd.] seated in Łódź (94-104) at ul. Obywatelska 128/152, entered into the Register of Entrepreneurs of the National Court Register (KRS) by the District Court of the City of Łódź – Śródmieście in Łódź, 20th Division of the National Court Register, at KRS [National Court Register no.] 0000349742, NIP [Taxpayer ID no.]: 5492391545, REGON [Business ID no.]: 121164104, share capital: 50,000.00 PLN, (hereinafter referred to as “AUTODNA”), and AUTODNA, with regard to the electronic services provided AUTODNA via the website available at www.autodna.com (hereinafter referred to as “the autoDNA website”).

2. The aim of the Affiliate Programme between AUTODNA and parties who receive the status of an Affiliate is to promote the autoDNA website and increase the sales of services offered by AUTODNA via the autoDNA website.

3. Entering into the Affiliate Programme is voluntary and free of charge.

4. These Terms and Conditions and all the provisions listed herein are only directed and binding to an Affiliate who is not a consumer. These Terms and Conditions are not directed to consumers.

§ 2

Obtaining the Affiliate status

1. Who can apply for the Affiliate status?

a) every legal person or organisation unit with legal status,

b) every natural person conducting economic activity (and in this case, not having the status of a consumer).

2. If one of the above conditions is met, then additionally, it is required to:

a) have one's own website or blog as part if their economic activity,

b) correctly register to www.afilio.autodna.com by filling in the form and thus setting up an Affiliate Account (hereinafter referred to as the “Affiliate Account”),

c) provide complete and valid data, including personal data,

d) accept the terms and conditions of cooperation with AUTODNA,

e) agree to processing of one's personal data as mentioned in point c) above, by AUTODNA,

f) provided AUTODNA with additional data or delivered additional documents on time as requested by AUTODNA (if thus requested).

3. Meeting the requirement listed in these Terms and Conditions does not guarantee that the entity will be granted the Affiliate status and does not entitle the party (as per parts 1 & 2 of this section) to demand that AUTODNA grants them such status or engages with in a cooperation with them.

4. After verifying the form filled in by the entity who would like to apply for the Affiliate status, or the additional data/documents delivered by said entity, AUTODNA decides whether or not to grant the Affiliate status.

5. AUTODNA reserves the right to deny the Affiliate status at its own discretion without any obligation to justify the decision.

6. AUTODNA shall inform the Affiliate of having granted them the Affiliate status by sending an e-mail to the e-mail address provided by this entity, or by calling the phone number provided by this entity.

7. Having been granted the Affiliate status, the new Affiliate is given access to the functionalities of an Affiliate Account which allows them to download content which can be published in their website or blog as part of the cooperation with AUTODNA, and in order for the cooperation to take place. From this moment, the Affiliate can start their cooperation with AUTODNA.

8. Every entity applying for the Affiliate status and every Affiliate can only have one Affiliate Account.

§ 3

Cooperation agreement

1. AUTODNA shall send the cooperation agreement to sign to the e-mail address of the entity who has been granted the Affiliate status.

2. AUTODNA shall send two signed copies of the Cooperation agreement with attachments to the address of the Affiliate. The Affiliate is obliged to sign each copy of the Cooperation agreement and its attachments and send one signed copy of the Cooperation agreement with the attachments to the address of AUTODNA within 20 days since receiving the copies of the Cooperation agreement with attachments. When sending back the signed Cooperation agreement, the Affiliate is obliged to attach a copy of the REGON [Business ID no.] and NIP [Taxpayer ID no.] certificates as well as a copy of their certificate of entry in the business activity register or a copy of the updated extract from the National Court Register.

3. AUTODNA reserves the right to change the conditions of commission due to the Affiliate as well as to change the commission thresholds as per Attachment 1 to the Cooperation agreement. The Affiliate shall be notified of said changes by receiving the updated terms of commission or new thresholds to their e-mail address or by having this information added to their Affiliate Account. The changes listed above shall enter into force within 14 days since such notification is sent to the e-mail address of the Affiliate or published in their Affiliate Account. The Affiliate has the right to withdraw from this Agreement with immediate effect within 14 days since the changes listed above enter into force.

4. AUTODNA shall activate the Affiliate Account after having received the signed Cooperation agreement with attachments from the Affiliate. From the moment the Affiliate Account is activated, the Affiliate shall be able to, e.g.:

a) see the number of customers who purchased AUTODNA services via autoDNA as a result of being redirected there from the Affiliate's website or blog,

b) see the commission due to them,

c) generate reports to see how the due commission is calculated,

d) receive the commission payment as per Appendix 1 to the Cooperation agreement and the Cooperation agreement itself. Until delivering the signed Cooperation agreement with attachments to AUTODNA, the Affiliate has no right to demand payment of the commission for cooperating with AUTODNA.

§ 4

Terms of cooperation

1. Detailed terms of cooperation between AUTODNA and the Affiliate are determined and confirmed in the Cooperation agreement signed by AUTODNA and the Affiliate.

2. As part of the cooperation the Affiliate agrees to:

a) promote the autoDNA website as well as the services provided by AUTODNA by placing in the Affiliate's website or blog, or other websites, links that will allow the potential customer to be redirected to the AUTODNA website (there are hereinafter referred to as “Links”) or other advertising materials provided or accepted by AUTODNA.

b) promote autoDNA and the services provided by AUTODNA via the autoDNA service in accordance with law and accepted practices, taking proper care of the reputation of the autoDNA service and AUTODNA.

3. The Affiliate can place the Links in websites other than their own website or blog, so long as the Affiliate has the right to do so with said websites. AUTODNA reserves the right to demand that the Affiliate removes the Link placed in a given website.

4. The Affiliate is also allowed to place Links in the so-called advertising banners.

5. The Affiliate agrees to inform AUTODNA in writing, or by e-mailing afilio@autodna.com, of any change in the Affiliate's data, within 7 days since the change enters into force.

6. The Affiliate agrees to inform AUTODNA in writing, or by e-mailing afilio@autodna.com, of any event that may influence its further cooperation with AUTODNA, within 7 days since this event takes place.

7. Above all, the Affiliate is obliged to inform AUTODNA in writing, or by e-mailing afilio@autodna.com, within 7 days as specified above, of any problems with accessing their website or blog, their expected deletion from the Internet, transferring the ownership or the right to use their website or blog to another entity, and by any issues with redirecting the potential customers to the Affiliate's website or blog.

8. Redirection of the potential customer to the autoDNA website must be handled in accordance with law and accepted practices. In particular, the services provided by AUTODNA via the autoDNA service must not be advertised in an incessant way.

9. Redirecting the potential customer by the link should only be possible if the potential customer clicks the dedicated field or tab or performs another intentional action in the Affiliate's website or blog.

10. It is forbidden to:

a) persistently send mass communications regarding the information, offers or advertising materials regarding the autoDNA service, especially by e-mail,

b) enable using the Affiliate's services, or accessing the Affiliate's website or blog by a link provided in the autoDNA website or by using service provided by AUTODNA via the autoDNA service,

c) redirect the potential customer from the Affiliate's website or blog to the autoDNA service website automatically after the potential customer enters the Affiliate's website or blog,

d) publish in the Affiliate's website or blog, or any other websites, any materials regarding AUTODNA, or the autoDNA service that have not been approved by AUTODNA or provided to the Affiliate by AUTODNA,

e) advertise the autoDNA service or services offered by AUTODNA in any way that is not clearly specified in the Cooperation agreement, or to which AUTODNA has not agreed to in writing in advance,

f) mislead the users of the Internet by placing in the Affiliate's website or blog, or any other website, any information or materials which may lead the reader to believe that the Affiliate has any rights to the autoDNA service, and in particular that the Affiliate delivers their services via the autoDNA service.

§ 5

Affiliate's Commission

1. The amount of commission due to the Affiliate and the terms of its payment are determined in the Cooperation agreement signed by AUTODNA and the Affiliate.

2. If a potential customer is redirected to the autoDNA service from the Affiliate's website or blog, the potential customer's visit will be registered by storing the Affiliate's cookie file. The commission due to the Affiliate is calculated as determined in the Cooperation agreement based on the number of customers redirected from the Affiliate's website or blog who purchased services. The commission will be due to the Affiliate if the customer is redirected from the Affiliate's website or blog and then makes a purchase of services offered by AUTODNA via the autoDNA service website within 1 day since the day of the redirection. The commission will be due for every purchase of a service that the customer makes within 1 day since the first redirection from the Affiliate's website or blog (that is, since the day the cookie file is created ans stored). After the 1 day as described above passes, the commission as determined above will only be due if the customer made the purchase following another redirection from the Affiliate's website or blog, which took place after the 1 day as described above. The commission will be due for every purchase of a service that the customer makes within 1 day since this next redirection from the Affiliate's website or blog (that is, since the day the cookie file is created ans stored).

3. The Affiliate may demand that commission is paid when the commission due is no less than 100 PLN net.

4. The commission will be paid to the bank account of the Affiliate. Based on the commission report generated by the 7th day of each month, the Affiliate shall issue VAT invoices with 21 day payment terms. The Affiliate has the right to issue a VAT invoice with amount as determined in the commission report which is available in the “Balance” tab in the Affiliate Account.

5. The Affiliate agrees to issue and deliver to AUTODNA the correct VAT invoices due as part of the Cooperation agreement within no later than the 7th day of the month following the month or months for which the commission is due to the Affiliate. Each invoice shall be generated on the basis of the commission calculation report generated in the “Balance” tab in the Affiliate Account.

6. The Affiliate shall deliver the VAT invoice to AUTODNA by e-mail to rozliczenia.afilio@autodna.com or by registered mail to the AUTODNA address.

7. The Affiliate agrees to deliver a copy of the REGON [Business ID no.] and NIP [Taxpayer ID no.] certificates as well as a copy of their certificate of entry in the business activity register or a copy of the updated extract from the National Court Register upon the request of AUTODNA.

8. The Affiliate agrees to deliver the documents mentioned in section 7 above within 7 days since receiving such request from AUTODNA.

9. AUTODNA reserves the right to withhold the commission payment as per the VAT invoice in case of any doubt regarding the validity of the documents delivered by the Affiliate, the amount due to the Affiliate, or the quality of the service provided by the Affiliate as part of this Cooperation agreement.

10. Termination of the Cooperation agreement by AUTODNA with the Affiliate being at fault results in the Affiliate losing the right to demand payment of the due commission.

11. Termination of the Cooperation agreement by the Affiliate results in the Affiliate reserving the right to demand payment of the due commission only if the amount of said commission is 100 PLN net or more.

§ 6

Rights of AUTODNA

1. AUTODNA reserves the right to suspend or revoke the Affiliate status of the given Affiliate, or to terminate the Cooperation agreement with immediate effect if:

a) AUTODNA has reasonable grounds to believe that the Affiliate is engaging in illegal proceedings, violating the rules of social conduct and good practice, or acting to the detriment of AUTODNA,

b) the Affiliate engages in practices that are unfair or contrary to these Regulations or the Cooperation agreement,

c) the Affiliate does not fulfil or inadequately fulfils the obligations under the Cooperation agreement,

d) the Affiliate no longer meets the conditions determined in article 2 sec. 1 & 2 of these Regulations or the conditions of the Cooperation agreement,

e) further cooperation might result in damaging the reputation of AUTODNA or in AUTODNA being believed to be engaging in unlawful activity.

2. In cases described in sections 1 a) & e) of this article, the Affiliate is obliged to delete the improper content which caused the suspension or revocation of the Affiliate account of the given Affiliate, or termination of the Cooperation agreement, and the results of such content being published, with immediate effect.

3. Failure to delete the improper content or the results of such content being published as determined in section 2 above results in AUTODNA reserving the right to keep the commission due to the Affiliate.

§ 7

Personal data

1. AUTODNA is the Controller of the personal data processed in the Website for the purposes of these Terms and Conditions. In terms of the aim and scope, personal data is processed according to the Privacy Policy published at autodna.com. The Privacy Policy lists the rules applicable to processing personal data by the Controller for the purpose of providing the service via the Website. It determines the basis, aims and scope of processing personal data as well as the rights of the data subjects. It also determines the use of cookies and analytical tools by the Controller. Registration of the entity applying for the Affiliate status in the AUTODNA website is voluntary. Similarly, the provision of personal data by the user of the AUTODNA Website is voluntary, except for the cases stipulated within the privacy policy.

2. AUTODNA shall process the personal data of the Affiliates and entities applying for the Affiliate status in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, the GDPR).

§ 8

Closing the cooperation

1. Any entity applying for the Affiliate status is free to withdraw from the Affiliate programme at any time. In order to withdraw from the programme, said entity shall inform AUTODNA of their resignation via e-mail sent to afilio@autodna.com as well as a registered letter with a statement of termination of the Cooperation agreement sent to the address of AUTODNA.

2. The Cooperation agreement can be terminated in line with the conditions determined within it.

3. Should AUTODNA cease to provide services via the autoDNA website, in particular by deleting the website or transferring the ownership of the website to another entity, the Affiliate programme shall be terminated on the day of such occurrence.

§ 9

Responsibilities

1. AUTODNA shall not be liable if it is not possible to store a cookie file of the Affiliate after redirecting the potential customer from the Affiliate's website or blog to the autoDNA service website.

§ 10

Final provisions

1. AUTODNA reserves the right to change the provisions of these Terms and Conditions. Changes to these Terms and Conditions shall enter into force at the time of their publishing in the autoDNA service website.

2. AUTODNA shall inform the Affiliate of any changes in these Terms and Conditions. In the case of changes in these Terms and Conditions, the Affiliate has the right to withdraw from the Cooperation agreement within 14 days since the changes to these Terms and Conditions enter into force, with a 30 day period of notice.

3. AUTODNA reserves the right to terminate or suspend the Affiliate programme at any time, for convenience.

4. In the case of any discrepancies between these Terms and Conditions and the provisions of the Cooperation agreement, provisions of the Cooperation agreement shall prevail.

5. Any disputes with regard to these Terms and Conditions or the Cooperation agreement shall be settled by the court having jurisdiction over the seat of AUTODNA.

6. To all matters not settled herein provisions of the Polish law, and in particular the Civil Code, shall apply.