TERMS AND CONDITIONS OF THE AFFILIATE PROGRAM
1. GENERAL PROVISIONS
1.1 The Organizer of the Affiliate Program is VIDEOSPACE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Poznań (registered office and delivery address: Strzelecka 29A/39, 61-846 Poznań); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000752496; the registration court where the company's documentation is kept: District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Economic Department of the National Court Register; share capital of: PLN 5,000; NIP: 7861718889; REGON: 381535071, e-mail address:sklep@nullvideospace.agencyand contact telephone number: + 48 61 250 40 29
2 DEFINITIONS:
2.1 Terms used in these Regulations shall mean:
2.1.1. CUSTOMER, PARTICIPANT - (1) a natural person with full legal capacity, and in cases provided by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law - who intends to participate or participates in the Affiliate Program.
2.1.2. RECEIVED CUSTOMER - a Customer who joins the Affiliate Program by (1) placing an order in the Online Store and providing the Unique Partner Code sent to him/her by the Affiliate while placing the order, or (2) establishing cooperation with the Organizer after completing the contact form in which he/she provides the Unique Partner Code.
2.1.3. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
2.1.4. AFILIATION LINK - a unique string of characters identifying the Partner, containing within it the Partner's Unique Code.
2.1.5. ORGANIZER - VIDEOSPACE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Poznań (registered office and address for service: Strzelecka 29A/39, 61-846 Poznań); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000752496; register court where the company's documentation is kept: District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Economic Department of the National Court Register; share capital of: PLN 5,000; NIP: 7861718889; REGON: 381535071, e-mail address:studio@nullvideospace.agencyand contact telephone number: + 48 61 250 44 13.
2.1.6. PARTNER - a Client who joins the Affiliate Program and aims at acquiring Referral Clients by sending his Unique Partner Code to another person. The Partner may be only an adult natural person residing in the territory of the Republic of Poland.
2.1.7. PARTNERSHIP PROGRAM, PROGRAM - this Customer Affiliate Program organized by the Organizer in accordance with these Regulations.
2.1.8. REGULATIONS - these regulations of the Affiliate Program.
2.1.9. INTERNET SHOP - the Organizer's online store available at the following Internet address: www.videospace.agency.
2.1.10. UNIQUE PARTNER CODE - a unique string of characters identifying the Partner, which the Referred Customer may use when placing orders.
3. TERMS OF PARTICIPATION IN THE PARTNER PROGRAM
3.1 Any Customer may be a participant of the Affiliate Program. Participation in the Affiliate Program is voluntary.
3.2 The Partner may only be a Customer who is an adult natural person, residing in the territory of the Republic of Poland, after meeting the following conditions:
3.2.1. filling in the application form, in which the Partner indicates (in particular): name, surname, username, e-mail address, contact telephone number, address: (street and house number, postal code, city), PESEL number and the relevant tax office.
3.3 The Referred Customer joins the Program when he/she visits the Online Store website and then (1) places an order in the Online Store by entering the Unique Affiliate Code sent by the Affiliate in the order form; or (2) fills out the contact form by entering the Unique Affiliate Code sent by the Affiliate and then establishes a relationship with the Organizer outside the Online Store.
3.4 The Client participating in the Affiliate Program is obliged to provide data in accordance with the actual state of affairs. The customer is obliged, if the provided data changes, to update them by sending the updated data via e-mail to the Organizer.
3.5 The Participant is obliged to use the Affiliate Program in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property of the Organizer and third parties. The Participant is obliged to prohibit the provision of unlawful content.
4. TERMS OF ORGANIZATION OF THE PARTNER PROGRAM
4.1 The Partner Program is effective from 1.01.2023 until further notice.
4.2 The Affiliate strives to attract as many Referral Customers as possible by actively encouraging them to take advantage of the Organizer's offer. For this purpose, the Affiliate deals with distribution of his Unique Affiliate Code on his own and at his own responsibility.
4.3 The Referred Customer shall receive, as part of the use of the Unique Partner Code, a one-hour consultation prior to the realization of the service that is the subject of the order. In addition, the Referred Customer may choose (1) to have the Organizer carry out a test campaign on the Internet on his/her behalf with a gross value of PLN 1,000, or (2) to have the production metrics written out for free and embed one TV spot or two sponsor billboards on the transfer platform of the selected TV station.
4.4 For the first order placed through the Online Store by a given Referral Customer and for the first cooperation outside the Online Store following contact through the contact form with the Unique Partner Code, the Partner shall receive a commission of 10% of the purchase price.
4.5 The Referral Customer may be the Partner's employer.
4.6 The condition for receipt of commissions on the sales contract concluded by the Referral Customer is full payment for the ordered Products and performance of the service.
4.7 The Affiliate Link is valid for 12 months from the date of its issuance. After the expiration of this period, the Client may rejoin the Program after fulfilling the conditions specified in these Terms and Conditions. In this case, he/she receives a new Unique Affiliate Code.
5. RULES FOR PAYMENT OF COMMISSIONS
5.1 The Organizer pays the Partner the commission directly to the bank account provided by the Partner on the basis of the VAT invoice/order agreement issued by the Partner on the last day of the following month after the completion of the service.
5.2 The Partner issuing the invoice is obliged to comply with all tax requirements stipulated by generally applicable laws, in connection with the commission granted to him. This does not apply to the Partner who is bound by a commission agreement with the Organizer.
6. PERSONAL INFORMATION
6.1 The Administrator of the personal data processed in connection with the implementation of the provisions of these Regulations is the Organizer (hereinafter: "Administrator"). Personal data shall be processed in accordance with applicable laws, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as "RODO" or "RODO Regulation".
6.2 The Administrator shall process personal data for the purposes, for the period and based on the principles indicated in this section of the Terms and Conditions. Provision of personal data is voluntary, although failure to provide personal data necessary to use the Affiliate Program will result in inability to use it. The Administrator shall exercise special care to protect the interests of the persons whose personal data it processes, and in particular shall be responsible and ensure that the data it collects are: (1) processed in accordance with the law; (2) collected for designated legitimate purposes and not subjected to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) kept in a form that allows identification of the data subjects for no longer than necessary to achieve the purpose of the processing; and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures. Taking into account the nature, scope, context and purposes of the processing, as well as the risk of violation of the rights or freedoms of natural persons of varying probability and severity, the Administrator shall implement appropriate technical and organizational measures to ensure that the processing is carried out in accordance with the RODO Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Administrator shall apply technical measures to prevent unauthorized persons from obtaining and modifying, personal data sent electronically.
6.3 The controller shall be entitled to process personal data in cases where, and to the extent that, at least one of the following conditions is met: (1) the data subject has given his or her consent to the processing of his or her personal data for one or more specified purposes; (2) the processing is necessary for the performance of a contract to which the data subject is a party or to take action at the request of the data subject prior to entering into a contract; (3) the processing is necessary for the fulfillment of a legal obligation incumbent on the Controller; or (4) processing is necessary for the purposes of legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
6.4 Processing of personal data by the Administrator requires each time the existence of at least one of the grounds indicated above. The specific grounds for the Administrator's processing of the personal data of the Internet Store's Service Recipients are indicated in the next section of the Terms and Conditions - with regard to the particular purpose of the Administrator's personal data processing.
6.5 The Administrator may process personal data for the following purposes, on the following grounds and for the following period:
Purpose of data processing Legal basis for data processing Data retention period
Implementation of the Affiliate Program by the Organizer or taking action at the request of the data subject prior to his/her participation in the Affiliate Program Article 6(1)(f) of the RODO Regulation (legitimate legal interest) - processing is necessary for the purposes arising from the legitimate interests of the Administrator - consisting of realization of the objectives of the promised Affiliate Program and enabling Partners to participate and earn commissions in accordance with its rules
The data is kept for the period of existence of the legitimate interest pursued by the Administrator, but no longer than until the termination of the Partner's participation in the Partner Program by any means.
Marketing of the Administrator's goods and services
(e.g., sending commercial information, including direct marketing, by means of telecommunication terminal devices, such as e-mail and telephone, or automatic calling systems) Article 6 (1) lit. (f) of the RODO Regulation (legitimate interest of the Administrator) - the processing is necessary for the purposes of the Administrator's legitimate interests, which include direct marketing - consisting of taking care of the interests and good image of the Administrator, its Online Store and striving to sell Products - for example, in connection with the data subject's prior consent (e.g. when signing up for the Newsletter) to the sending of commercial information using telecommunications terminal devices such as e-mail or telephone, depending on the scope of the consent granted
The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for the Administrator's claims against the data subject on account of the Administrator's business activities. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years, and for the Sales Agreement it is two years).
The controller may not process data for direct marketing purposes in the event of an effective objection in this regard by the data subject.
In addition, where the basis for processing is consent to send commercial information, including direct marketing, using telecommunications terminal equipment or automatic calling systems, the data shall be stored until the data subject withdraws consent to further processing of his or her data for this purpose, but without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.
Determining, asserting or defending claims that the Administrator may raise or that may be raised against the Administrator in connection with the Affiliate Program Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for purposes arising from the Administrator's legitimate interests - consisting of determining, asserting or defending claims that the Administrator may raise or that may be raised against the Administrator
The data are kept for the period of existence of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years).
6.6 It is necessary for the Administrator to use the services of third parties. The Administrator shall only use the services of such processors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the RODO Regulation and protects the rights of data subjects.
6.7 The Administrator shall transfer data only when it is necessary for the realization of the given purpose of personal data processing and only to the extent necessary for its realization. Customers' personal data may be transferred to the following recipients or categories of recipients:
6.7.1. service providers supplying the Administrator with technical, IT and organizational solutions that enable the Administrator to conduct its business, including the Online Store, the Affiliate Program and the provided Electronic Services (in particular, providers of computer software to run the Online Store, providers of e-mail and hosting, and providers of business management and technical support software to the Administrator) - the Administrator shall make the collected personal data of the Client available to the selected provider acting on its behalf only in the case and to the extent necessary to realize the given purpose of data processing in accordance with this clause. 6 of the Regulations.
6.7.2. providers of accounting, legal and advisory services providing accounting, legal or advisory support to the Administrator (in particular, an accounting office, law firm or debt collection company) - the Administrator shall make the collected personal data of the Client available to the selected provider acting on its order only in the case and to the extent necessary to realize the given purpose of data processing in accordance with this clause. 6 of the Regulations.
6.8 Any person shall have the right to control the processing of data concerning him/her contained in the Administrator's data filing system, and in particular the right to: demand that the personal data be supplemented, updated, rectified, temporarily or permanently suspended or erased, if they are incomplete, outdated, untrue or have been collected in violation of the Law, or are no longer necessary for the purpose for which they were collected.
6.8.1 Right of access, rectification, restriction, erasure or portability - the data subject has the right to demand from the Controller access to his/her personal data, rectification, erasure ("right to be forgotten") or restriction of processing, and has the right to object to processing, and has the right to portability of his/her data. The detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 of the RODO Regulation.
6.8.2 Right to withdraw consent at any time - a person whose data is processed by the Controller on the basis of expressed consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the RODO Regulation), then he/she has the right to withdraw consent at any time without affecting the legality of the processing performed on the basis of consent before its withdrawal.
6.8.3 Right to lodge a complaint to a supervisory authority - a person whose data is processed by the Administrator has the right to lodge a complaint to a supervisory authority in the manner and mode specified in the provisions of the RODO Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
6.8.4 Right to object - The data subject has the right to object at any time - on grounds relating to his or her particular situation - to the processing of personal data concerning him or her based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling under these provisions. In such a case, the controller shall no longer be allowed to process such personal data, unless the controller demonstrates the existence of compelling legitimate grounds for the processing overriding the interests, rights and freedoms of the data subject, or grounds for establishing, asserting or defending claims.
6.8.5 Right to object to direct marketing - if personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him/her for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
6.8.6 In order to exercise the rights referred to in this clause. 6 of the Terms and Conditions, you may contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator's address indicated at the beginning of the Terms and Conditions.
7. SPECIAL PROVISIONS RELATED TO ARTIFICIAL INTELLIGENCE
7.1 Partners' Compliance Obligations under the Artificial Intelligence Act (AI Act) and RODO
7.1.1 Partners agree to comply with all applicable laws and regulations, including Regulation of the European Parliament and of the Council (EU) 2024/1689 (Artificial Intelligence Act) , Regulation of the European Parliament and of the Council (EU) 2016/679 (RODO), the Civil Code, and the Consumer Rights Act, with respect to all activities conducted under the Partner Program, especially those using AI.
7.2 Processing of Personal Data: Partners may process personal data only for the purposes and under the terms agreed with and in accordance with the RODO. In the case of processing personal data through AI systems, Partners undertake to have appropriate legal grounds (e.g., user consents for marketing activities) and to implement appropriate technical and organizational measures to protect personal data. Depending on the Partner's role (co-controllers or processors), it may be necessary to enter into an appropriate Data Processing Entrustment Agreement (DPA) or Co-Management Agreement.
7.2.1 Transparency of AI Use: Partners that use AI systems in their promotional activities or communications with potential customers (e.g., to generate advertising content, personalize offers, automate communications) are required to transparently inform users. Require clear labeling of AI-generated content if required by the AI Act or other regulations.
7.3 Rules for the Use of AI by Partners in Marketing Activities and Content Generation
7.3.1 Prohibition of Unauthorized AI Practices: Partners shall not use AI in a manner that would violate prohibitions under the AI Act, including the use of manipulative interfaces (so-called "dark patterns") or other unfair market practices.
7.3.2 Responsibility for AI-Generated Content: Affiliates are fully responsible for AI-generated content that they publish or distribute as part of the affiliate program. This content must be legal, ethical, not misleading, and not violate third party rights (e.g. copyright).
7.3.3 Compliance with Consumer Law: Partners must ensure that their marketing activities using AI comply with the Consumer Rights Act, particularly with regard to information obligations and the prohibition of unfair market practices.
7.4 Liability for Violations Resulting from the Use of AI by Partners
7.4.1 Partner's Liability: Partner shall be solely responsible for any damages or claims arising from any illegal or unlawful use of AI by Partner.
7.4.2 Right to Indemnification: reserves the right to seek indemnification from the Partner in case it suffers damage or is charged a penalty due to violations committed by the Partner using AI.
7.4.3 Monitoring and Auditing: reserves the right to monitor AI Partners' practices and audit their activities to verify compliance with these Terms and Conditions and applicable laws. In the event of serious violations, it has the right to immediately terminate the partnership agreement.
7.5 To the extent not regulated in this section, the privacy policy of the Online Store shall apply.
8. CANCELLATION CONDITIONS
8.1 The Customer may resign from participation in the Affiliate Program at any time and without giving any reason by sending an appropriate statement to the Organizer, for example, via e-mail to:studio@nullvideospace.agency. Resignation takes place with immediate effect. The Client may demand payment of the remaining commissions in accordance with Clause 5 of the Terms and Conditions within 30 days from the date of resignation from participation in the Affiliate Program.
8.2 The Organizer has the right to terminate the Affiliate Program with 14 days' notice. In such situation, the Participant will be notified by the Organizer by a message sent to the e-mail address provided in the application form. The Client will be entitled to receive the accumulated commission until the expiry of the notice period.
9. COMPLAINT PROCEDURE
9.1 Complaints related to the Affiliate Program can be submitted by the Customer, for example, via e-mail to:studio@nullvideospace.agency.
9.2 It is recommended to provide as much information and circumstances regarding the subject of the complaint as possible in the description of the complaint, in particular the type and date of occurrence of irregularities and contact information - this will facilitate and accelerate the processing of the complaint by the Organizer. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
9.3 The Organizer shall respond to the complaint immediately, no later than within 14 days from the date of filing the complaint.
10. FINAL PROVISIONS
10.1 The Affiliate Program is conducted in the Polish language.
10.2 The Organizer reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes in the provisions of law to the extent that these changes affect the implementation of the provisions of these Terms and Conditions; changes to the terms of participation in the Affiliate Program. The amended Regulations are binding on the Client if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Client has been correctly notified of the changes and has not terminated his participation in the Affiliate Program within 14 days from the date of notification.
10.3 In matters not covered by these Regulations, the rules of the Online Store, the provisions of the Civil Code and other relevant provisions of the generally applicable Polish law shall apply.
