Affiliate Program Terms and Conditions

§ 1

General provisions

  1. The Affiliate Program Terms and Conditions define the principles of cooperation in the Affiliate Program between the Operator and the Affiliate. By accepting the provisions of these Affiliate Program Terms and Conditions, the Affiliate agrees to cooperate with the Operator specified in these Terms and Conditions.
  2. The terms used in these Affiliate Program Terms and Conditions shall be understood as follows:
    1. 2.1. Affiliate Program Terms and Conditions- this document;
    2. 2.2. Affiliate Program - a Program set out by the Operator to reward Affiliates for referring new Users and new Affiliates to the Service through various forms of online advertising;
    3. 2.3. Affiliate - an Affiliate Program participant who signed up to the Affiliate Program, provided by the Service to the Operator by referring Users to the Service under the rules and regulations of the Affiliate Program Terms and Conditions;
    4. 2.4. Operator - Welmory Limited with its seats in Cyprus, Nicosia P.C. 1065 Arch. Makariou III, 2-4/703, established under No. HE 245903 under the laws of Cyprus and registered in the register held by the Ministry of Energy, Commerce, Industry and Tourism, Department of Registrar of Companies. The Company's initial capital amounts to € 1,001,000.00 (one million and one thousand Euro);
    5. 2.5. Service - on-line transactions conducted by the Operator maintained in the domain www.wellbid.com and www.za10groszy.pl in which the Operator arranges the sale of items presented by the Seller and provides information on the current prices of items sold through the Service;
    6. 2.6. Service Terms and Conditions - the Terms and Conditions of the Service wellbid.com and za10groszy.pl always located in a current version on the Main Website of the Service;
    7. 2.7. Main Website of the Service - the Website of the Service available under the address of www.wellbid.com/index.html and www.za10groszy.pl/index.html;
    8. 2.8. Main Website of Affiliate Program - the Affiliate Program available under the address of affiliate.wellbid.com;
    9. 2.9. User - a private individual with a full legal capacity who has reached the age of majority and has correctly registered with the Service and has access to his/her Account. A person is identified by the first name, surname, and the date of birth;
    10. 2.10. Referred User - a person who has become a User of the Service as a result of activities of the Affiliate conducted under the provisions of the Affiliate Program Terms and Conditions;
    11. 2.11. Referred Affiliate - a person who has become an Affiliate of the Service as a result of activities of the Affiliate conducted under the rules of these Terms and Conditions;
    12. 2.12. User's Account - a dataset conducted by the Operator for the User under a unique Username, including all the data and the history of placed bids saved in MY ACCOUNT tab;
    13. 2.13. Affiliate's Account - available on the Main Website of Affiliate Program after logging in;
    14. 2.14. Affiliate ID - an individual code of a Affiliate given by the Operator during the registration with Affiliate Program;
    15. 2.15. Activity - activity of an Affiliate registered by the Service resulting in the referring a new User or a new Affiliate of the Service;
    16. 2.16. Table of Commissions - integral part of these The Affiliate Program Terms and Conditions available in Affiliate's Panel and on the main Website of Affiliate Program;
    17. 2.17. Commission - Affiliate's remuneration, specified in the Section § 5 of the Affiliate Program Terms and Conditions;
    18. 2.18. HTML document - a text file that is opened by the Internet browsers;
    19. 2.19. WWW website - HTML document made available in the Internet via the WWW server;
    20. 2.20. Internet Domain - the WWW website address;
    21. 2.21. Keywords - sequence of signs used in information search process;
    22. 2.22. Cookies - a piece of information stored by the server on the User's computer or other data terminal equipment in the text file. The computer's server may read the cookie again while establishing connection as appropriate from that computer or other User's data terminal equipment.
  3. If there are words or phrases which are not defined in the these Affiliate Program Terms and Conditions, they should be interpreted in accordance with the Service Terms and Conditions.

§ 2

Participation in the Affiliate Program

  1. A participant of the Affiliate Program may be a private individual with a full legal capacity who has reached the age of majority. A legal person may become a member of Affiliate Program after having received the Operator's permission which may be either an adequate e-mail or an additional signed agreement.
  2. The Affiliate may have only one account in the Affiliate Program. The Operator under specific circumstances may allow the Affiliate to have more than then number mentioned in preceding sentence.
  3. Activities of the Affiliate may be conducted only pursuant to the common law and practice, under the responsibility of the Affiliate. In particular the Affiliate may place advertising forms only on the Internet websites:
    1. 3.1. In domains has gained a legal title,
    2. 3.2. Or on other services, in which the terms and conditions of other entities allow the use of the space, without breaching the rules of their terms and conditions.
  4. The website where the Affiliate places advertising forms must be a complete site, in terms of functionality and aesthetics, and it should include themes that can be easily defined which also does not violate the provisions of these Affiliate Program Terms and Conditions, common law and the established custom, good practice.
  5. The website must be available for the Operator at all times to verify whether the provisions of these Affiliate Program Terms and Conditions are abided by.
  6. Advertising forms referred to in this § may contain banners received from the Operator as well as the logo of the Service of wellbid.com and za10groszy.pl, under the condition of that at any time the Operator can require the Affiliate to remove them. Removal of forms, identified by the Operator, should take place immediately at the least within three days from the date of receipt of the notice.
  7. Any violation of the provisions of Sections 3-5 of this article may result in immediate termination of the agreement and other sanctions as provided in the Affiliate Program Terms and Conditions.

§ 3

Beginning of cooperation

  1. In order to join the Affiliate Program each person interested in participating in the Program should read these Affiliate Program Terms and Conditions and confirm acceptance by clicking on the check-box by the "I declare that I've read the Affiliate Program Terms and Conditions". The acceptance of these Terms and Conditions results in automatic registration an account in the Affiliate Program.
  2. The Affiliate, at the time of registration, consents to the storage and processing of one's personal information by the Operator in accordance with the provisions specified in the Affiliate Program Terms and Conditions and Privacy Policy and Cookies.
  3. Upon the activation, the Affiliate shall receive an access to the Affiliate's Account.
  4. Having gained the status of the Affiliate does not allow to conclude any other agreements or other contracts on the behalf of the Operator.

§ 4

Limitations

  1. The Operator reserves the right to monitor activities of the Affiliate and terminate the Agreement with immediate effect, in the following cases:
    1. 1.1. Including in promotional materials or a content that is unlawful and infringes moral standards, in particular:
      1. 1.1.1. discriminatory, sexually explicit content or violent material;
      2. 1.1.2. abusive, defamatory content which infringes personal interests;
      3. 1.1.3. Ca cntent that encourages the hatred, racism, xenophobia or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
      4. 1.1.4. a content that infringes copyrights or other intellectual property rights, or encourages copyright infringement, by providing information or material which may involve an infringement of copyright or other intellectual property rights.
    2. 1.2. Using of WWW sites for illegal purposes or against moral standards, in particular:
      1. 1.2.1. Containing unauthorized links to files, graphic files, music files or literary texts and copyright works or intermediary in the illegal sharing of materials protected by copyrights,
      2. 1.2.2. Sharing harmful content, such as viruses, "Trojan horses", containing "bugs" or other harmful and destructive elements or links to them;
      3. 1.2.3. Placing content or undertaking activities infringing the principle of the fair competition;
      4. 1.2.4. Misleading WWW site visitors, in particular as to its holder, the origin of the presented items and services presented or in a different manner,
    3. 1.3. Affiliates found to be engaging in illegal activities affecting the operation of the Service or charging of commissions in the Affiliate Program;
    4. 1.4. Infringing by the Affiliate any provisions of Cypriot legislation concerning electronic communication services;
    5. 1.5. Using restricted keywords such as: wellbid, wellbid.com, wellbid com, and any misspellings of these words in campaigns and advertisements while the Affiliate is referring new Users, without the permission of the Operator;
    6. 1.6. Using by the Affiliate restricted keywords mentioned in 1.5. of this Section in the names of Internet domains.
    7. 1.7. Advertising forms referred to in this § may contain banners received from the Operator as well as the logo of the Service of wellbid.com and za10groszy.pl, under the condition of that at any time the Operator can require the Affiliate to remove them. Removal of forms, identified by the Operator, should take place immediately at the least within three days from the date of receipt of the notice.
  2. In the case of the violation of § 4 Section 1 points 1.5. and 1.6. of these Affiliate Program Terms and Conditions, the Operator reserves the right to immediately block Affiliate's Account and shall deduct all financial assets from Affiliate's Account. Should the Operator deems appropriate shall terminate the Agreement. By violating the Affiliate Program Terms and Conditions, the Affiliate compromises any further cooperation.

§ 5

The calculation and payment of Commission

  1. The Affiliate, who will gain new Users for the Service by means of advertising, shall be entitled to receive a Commission specified in the Table of Commission.
  2. Acquiring a Commission from a Referred User specified in the above-mentioned paragraph will be possible after meeting these criteria:
    1. 2.1. By clicking by any person on the advertising link of the Affiliate, that person shall be redirected to the Service and simultaneously shall be given the Affiliate's ID. This information shall be saved in a cookie on one's computer.
    2. 2.2. The User will be assigned to the Affiliate as a Referred User as in above-mentioned paragraph and become a User of the Service in accordance with the Service Terms and Conditions, subject to paragraphs 2.3. and 2.4.;
    3. 2.3. After fulfilling the above-mentioned paragraph, the Referred User, within 180 days from the date of registration in the Service offered on the Website purchase bids, under the condition of that specific date and time can be changed under different agreements between the Operator and the Affiliate.
    4. 2.4. In the case when a person has been designated with the Affiliate ID and later clicks on an advertising form of another Affiliate, the Affiliate ID changes into the Affiliate ID of the person whose advertising form was last clicked, prior to registration in the Service.
    5. 2.5. The Cookie file is valid for 7 days.
  3. Acquiring a Commission from a Referred Affiliate specified in paragraph 1 in this Section will be possible after meeting these criteria:
    1. 3.1. By clicking by any person on the advertising link of the Affiliate, that person shall be redirected to the Service and simultaneously shall be given the Affiliate's ID. This information shall be saved in a cookie on one's computer;
    2. 3.2. When the person specified in above-mentioned paragraph registers in the Affiliate Program, and becomes an Affiliate and at the same time will be assigned to the Affiliate as a Referred Affiliate provisions of the §3 shall be applied;
    3. 3.3. The moment of arriving of the new User of the Service and the purchase of BIDs in the date specified in 2.3.;
    4. 3.4. Paragraphs 2.4. and 2.5. of this Section shall apply accordingly.
  4. The System keeps the record of Activities and Commissions of each Partner, under the condition of that the basis for calculation of the Commission is the net amount of BIDs purchased by the Referred User.
  5. The commission shall be paid out in the following manner:
    1. 5.1. Cash payment - each time the Affiliate reaches 100 USD in the Affiliate Program, the Affiliate pay out the amount due in the form of money onto a given PayPal account or other available form. In this case, an e-mail address entered during the registration in the Main Website of Affiliate Program has to be identical as the one in the PayPal account;
    2. 5.2. The maximum amount on the Affiliate account cannot be higher than 100,000 USD;
    3. 5.3. After reaching the amount specified in paragraph 5.2. the following Commissions shal not be accounted.
  6. Each payment depends on the positive verification of the settlement and of the Affiliate and verification of the number of Referred Users or Referred Affiliate. Verification is conducted by the Operator and shall include the compliance with these Affiliate Program Terms and Conditions by the Affiliate. The verification of the transactions, Referred Users or Referred Affiliates lasts 35 days and begins from the first day of the month, following the month when the Commission has been accounted. In the case of a negative verification (finding a violation of these Terms and Conditions), the Affiliate may be charged a contractual penalty, which will be subject to a deduction of Affiliate's payables. In such a case the Operator may terminate the Agreement immediately.
  7. The Operator reserves the right to manually adjust of the amount of the Commission payable to the Affiliate's Account in the event of an error in calculating the Commission associated with an error of the Service or the detection of any illegal activities of a Affiliate affecting the operation of the Service.
  8. In the case of payment, the bill is generated automatically by the Affiliate based on the information in the profile, after defining the amount to be pay out from the amount available on Affiliate's account.
  9. The payment of Commission due becomes available within 3 days, after the verification process has been completed from the date of handing out the correctly completed bill to the Operator as specified in paragraph 6 in these Section.
  10. The Operator reserves the right and the Affiliate accepts the costs of having the account on which the Commission shall be accumulated and also the costs connected with the withdrawing the payables and other costs concerning bank transfers of all funds on the account, in particular the Operator takes no responsibility exchange differences in the bank transfers.
  11. The Affiliates are obligated to conduct on their own cost and interest, to do suitable operations when it comes to Partners' taxes. The Operator is not responsible for not fulfilling or an incorrect fulfillment of Partners' tax duties given by their country's taxation system.

§ 6

Limitation of Liability

  1. The Operator does not take any responsibility for:
    1. 1.1. Any activities of the Affiliate which are infringing the law of a country which those actives are conducted;
    2. 1.2. The inability to register the Referred User or Referred Affiliate in to the Service;
    3. 1.3. The inability to recognize the person registered as a Referred User or Referred Affiliate resulting from removing / modifying a file containing the Cookies with the information about how the referral, obtained by clicking a banner or passing through an advertising panel or the User not using the "Cookies" technology;
    4. 1.4. Any technical problems regarding to the display of banners, the calculation of BIDs or redirecting visitors from the Affiliate WWW website;
    5. 1.5. Any financial irregularity associated with accounting the Affiliate Program, through the Affiliates;
    6. 1.6. Loss of pecuniary advantages associated with participation in the Affiliate Program and others;
    7. 1.7. The damage indirectly related to the participation in the Affiliate Program (in particular loss of potential profits by the Affiliate).
  2. The Operator reserves the right to charge the Affiliate for possible costs of court proceedings, damages, penalties, supervision and technical repair as well as other consequences of violating these Affiliate Program Terms and Conditions or the Law from the activities of the Affiliate, including the costs regarding the trial an any legal advice.
  3. The Affiliate shall be liable for any damage caused by a violation of the Agreement and these Affiliate Program Terms and Conditions
  4. In the event of a violation of the provisions of these Affiliate Program Terms and Conditions and other consequences provided for in these Terms and Conditions, the Operator may require the Affiliate to pay a contractual penalty equal to the value of the funds in his/her account. A contractual penalty does not exclude the Operator from seeking damages in excess of the amount of the penalty.

§ 7

Final Provisions

  1. The Operator reserves the right to modify the Affiliate Program Terms and Conditions at any time. The Operator shall make such modifications by way of publishing revised terms on the Main Website of Affiliate Program. Affiliates have the right and obligation to read the altered Affiliate Program Terms and Conditions before logging in for the first time after the modifications have been implemented.
  2. The modification of the Affiliate Program Terms and Conditions enters into force when the Operator sets the date and published on the Main Website of Affiliate Program. And the logging in site.
  3. Within 7 days from posting the notice of the modification, while logging in for the first time the Affiliate may refuse to accept those alterations in the Affiliate Program Terms and Conditions by sending an e-mail from the contact sheet available on our Main Website of Affiliate Program. At the same time the Affiliate have to attach the payment order of all accumulated funds in the Affiliate's account regardless of the balance.
  4. The Operator reserves the right to modify Table of Commissions at any time. The modification of Commission s Table become binding in time indicated by Operator, however, the modification of the Table of Commissions is not the alteration of the Affiliate Program Terms and Conditions.
  5. Each party may terminate the agreement with one month notice without stating a reason.
  6. The Operator reserves the right to temporarily suspend or close the Affiliate Program. In such case the Affiliate has the right to request payment of all accumulated funds in his/her account, regardless of the balance.
  7. After the termination of the Agreement, the Affiliate is entitled to receive a payment of accounted Commission to the last day of the agreement duration. The entitlement is valid for 30 days since the conclusion of the agreement. After this period the gathered but not withdrawn resources shall be lost.
  8. The Affiliate can place the rights and duties resulting from these Affiliate Program Terms and Conditions on a third party only under the written permission of the Operator.
  9. The matters not provided herein shall be governed by the provisions of the Cypriot Civil Code and other relevant provisions of current Cypriot law.
  10. Any disputes between the parties shall be settled by a competent Cypriot civilian court of law.
  11. In the case of any disputes or occurrence of the language variations between English and other languages, the English version shall prevail.