Terms and Conditions of Use of Heureka Affiliate Program
Rules for using the Heureka Affiliate Program (hereinafter the “Affiliate Program”) operated by Heureka Shopping s.r.o., registered office: Karolinská 650/1, 186 00 Prague 8, company ID number: 02387727, tax ID number: CZ02387727, entered in the Commercial Register maintained by the Municipal Court in Prague in section C, entry 218977 (hereinafter the “Operator”).
1. Introductory Provisions
1.1. Participation in the Affiliate Program arises through registration of an Interested Party in accordance with the terms and conditions stated in Article 4. Participation in the Affiliate Program includes an obligation of the Partner to create space on its Website where HTML codes will be placed by the Operator for the purpose of promotion of the Operator and the Heureka portal.
1.2. The Operator will pay the Partner a commission for its activities promoting the Heureka portal, under the conditions stated below in these Rules.
2. Definitions and Constructions
2.1. “Rules” – means these Rules for use of the Affiliate Program.
2.2. “Interested Party” – means an entity that requests registration in the Affiliate Program.
2.3. “Heureka” – means the online shopping advisor operated by the Operator on the Internet domain www.heureka.cz or www.heureka.sk.
2.4. “Operator” - The Operator of the Affiliate Program is Heureka Shopping s.r.o., registered office: Karolinská 650/1, 186 00 Prague 8, company ID number: 02387727, tax ID number: CZ02387727, entered in the Commercial Register maintained by the Municipal Court in Prague in section C, entry 218977.
2.5. “Partner” – a natural person or legal entity that is authorized to perform legal acts in full, is the owner of a Website or domain on which a Website is operated or is authorized to use a Website or domain.
2.6. “Website” – the website on which the HTML code will be located and that is in the ownership or authorized use of the Partner and that the Partner allocated as a part of its user account in the Affiliate Program.
2.7. “HTML Code” - means special code that is allocated to the Partner by the Operator and, after being input on the Partner’s Website, is displayed as Advertising Space.
2.8. “Advertising Space” – means the graphic display of HTML Code that is the result of the placement of unique HTML Code input on the Partner’s Website.
2.9. “Heureka Basket” – a service enabling the purchase of goods directly through the Heureka interface without the necessity of accessing the websites of individual retailers’ e-shops.
2.10. “Affiliate Program” – a program enabling, in accordance with these rules, active partners to promote the Heureka portal by inputting HTML Code on their own Website and obtaining a commission in return for this in accordance with Article 6 of these Rules.
2.11. “Internet User” – a person using the Partner’s Website who clicks on the Advertising Space.
3. General Terms and Conditions of Use of Affiliate Program
3.1. The Partner can be a natural person over 18 years of age or a legal entity that is entitled to perform legal acts in full and that is the owner of a Website or its authorized user.
3.2. Employees of the Operator and persons whose registration for the Affiliate Program was previously cancelled by the Operator cannot become a Partner of the Affiliate Program. Heureka users and Interested Parties do not have any entitlement to use the Affiliate Program, unless registration of the Interested Party by the Operator has occurred.
3.3. The Partner is entitled to open only one account in the Affiliate Program for Heureka portal. Each individual Website (regardless of the URL) can be used in the Affiliate Program only by one Partner.
3.4. The Partner cannot perform any activities leading to an unauthorized increase in commissions; in particular it cannot perform the activities named in Section 8.2(c) of these Rules, which are a reason for the immediate exclusion of the Partner from the Affiliate Program.
4.1. Registration for the Affiliate Program takes place by completing a registration form available at http://affiliate.heureka.cz/register and https://affiliate.heurekashopping.sk/register and its subsequent electronic submission by the Interested Party to the Operator and its electronic acceptance by the Operator. At the moment of acceptance of the registration by the Operator, the Interested Party becomes a Partner. Subsequently, the Operator will enable the Partner, through its user account, to monitor statistics and the amount of its commission.
4.2. The Operator is not obligated to accept the registration of an Interested Party or inform the Interested Party of the reasons for such a rejection. The rejection of a registration will be sent to the Interested Party at its e-mail address.
4.3. From the moment of registration by the Operator, the Partner is obligated to comply with the Rules.
5. Terms and Conditions and Method of Promotion
5.1. The Partner undertakes that on the Website it will create the Advertising Space, i.e. it will place the HTML Code provided by the Operator on the Website. The Partner can alter the appearance of the Advertising Space in any way, by changing the styles, but it cannot alter the content of advertising generated on the Advertising Space.
5.2. The Operator undertakes to pay the Partner a commission, under the conditions stipulated in the Rules.
5.3. The Partner is entitled to place no more than three HTML Codes as Advertising Space on one page of its Website. One page shall be understood to mean one screen, displayed as an independent page (including movement in any direction). The Partner is obligated to use a unique HTML Code that the Operator provides it with for each Advertising Space.
5.4. The Partner’s Website must be in the ownership or legitimate use of the Partner, be permanently accessible to the Operator’s employees on the Internet, have the character of a completed site and not give rise to doubts about its appearance or functionality. The contents of the Partner’s Website must be in Czech or Slovak.
5.5. The Partner is obligated to notify the Operator of the URL address of each Website through which it intends to promote Heureka, through the user account (in the “Websites” section). The Operator will decide on the permissibility of such a Website by sending a confirmation to the Partner’s e-mail address, which it entered during registration. Until the approval of a Website by the Operator, the Partner is not entitled to place the HTML Code on the Website.
5.6. When inserting the Advertising Space there is a ban on using automatic re-direction to another page, automatic opening of new browser windows (autohits systems, pop-ups, pop-unders), or loading of the Operator’s website into an iframe.
5.7. There is a prohibition against using typo domains for the official heureka.cz and heureka.sk domain in the Affiliate Program. When promoting the Affiliate Program in PPC systems, there is a prohibition against targeting the Heureka brand.
5.8. Advertising Space cannot be placed on Websites whose content is in conflict with legal regulations or accepted practices, on Websites that have a pornographic character and on Websites that mostly serve for the display of advertising or can otherwise damage the Operator’s good name.
6. Partner’s Commission
6.1. The Partner is entitled to a commission for
a) A click by an Internet user on the e-shop of a retailer registered at Heureka made based on access to the Heureka website through the Advertising Space on the Partner’s Website in accordance with these Rules (hereinafter the “Commission per Click”);
b) A realized order using the Heureka Basket made by a buyer (Internet user) at Heureka based on access to the Heureka website through the Advertising Space located on the Partner’s Website in accordance with these Rules (hereinafter the “Commission for Order using Heureka Basket”).
6.2. Commission per Click
6.2.1 An entitlement to a Commission Per Click arises when an Internet user clicks on Advertising Space located by the Partner on its Website, based on which the user enters the Heureka website displaying its homepage, a page with offers of retailers concerning certain goods or a page with a certain category of goods. The subsequent click by the user on a specific offer of goods of a certain retailer and access to this retailer’s e-shop website is regarded as a click. The amount of the Commission per Click is stated in the Partner’s account in the “Commission Settings” section.
6.2.2 The entitlement to a Commission per Click arises solely for the Partner’s Websites that the Operator expressly approved for the Partner for the purposes of its participation in the Affiliate Program.
6.2.3. The Commission per Click is limited to one unique IP address for no more than 5 clicks per day and also to one click for each unique e-shop of a retailer.
6.3. Commission for Order using Heureka Basket
6.3.1 A condition for an entitlement to a Commission for Order Using Heureka Basket to arise is access to the Heureka website in a manner in accordance with Article 6.2.1, and the subsequent selection of the option of ordering goods using the Heureka Basket, without access to the website of the relevant retailer’s e-shop. An entitlement to a Commission for Order Using Heureka Basket is only based on the purchase price of goods (excluding VAT and excluding the cost of transport) that was actually paid by the Buyer to the Retailer. A condition for an entitlement to arise is the proper completion of a transaction, in particular the delivery of ordered goods to the buyer and the collection of the goods by the buyer. An entitlement to the payment of a commission arises in the event of consumer contracts where the buyer exercises a right to the return of goods and withdraw from the contract without stating a reason in accordance with Section 1829 et seq. of the Civil Code (within 14 days of acceptance). An entitlement to the payment of a commission arises 30 days after the full completion of a transaction, assuming that the buyer has not withdrawn from the contract without giving a reason in accordance with Section 1829 et seq. of the Civil Code, or if the buyer and the seller did not agree on the cancellation of the transaction.
6.3.2. The amount of the commission for an order using Heureka Basket is set as a specific percentage of the value of the order (of the price excluding VAT and excluding the cost of transport) made using Heureka Basket. The specific amount of the commission is stated in the Partner’s account in the “Commission Settings” section.
6.3.3. The Operator reserves the right to change the commission and the HTML Code for the Advertising Spaces at any time. The Operator will be informed of this change through the Affiliate Program interface.
6.4. The amount of the commission is displayed in Affiliate Program statistics, which are available in the Affiliate Program interface of every Partner and are regularly updated.
6.5. An entitlement to the payment of a commission arises for the Partner in the event the total amount of the commission for the previous calendar month reaches at least CZK 1000 for Heureka.cz and EUR 35 for Heureka.sk. A commission lower than CZK 1000 or EUR 35 is automatically transferred to the next calendar month. The amount of the commission for Heureka is stated excluding VAT.
6.6. In order to meet the conditions in Section 6.5, the Partner is entitled to request, in the Affiliate Program user interface, the generation of a tax document or document for payment of commission. After the generation of a document, this request is assessed by the Operator and subsequently approved or rejected.
6.7. A tax document or document for payment of commission is payable within 14 days of the day of its approval by the Operator.
6.8. The Partner is obligated to have comprehensively completed invoicing data in the Affiliate Program user interface and to keep it up-to-date.
6.9. The Partner consents fully and without reservation to the Operator issuing a tax document or document for payment of commission on the Partner’s behalf under its own numerical series. The Partner undertakes that it will accept such a tax document or document for payment of commission as its own and integrate it into its income in accordance with valid acts.
6.10. The commission includes all costs of the Partner incurred related to its activities in the Affiliate Program.
6.11. A commission is valid for 12 months after the date an entitlement to it arose. If the Partner does not request its payment in the manner stated above by its deadline, the entitlement to payment automatically terminates.
6.12. A Commission for Order Using Heureka Basket is obtained by the Partner for each order (meeting the conditions of Section 6.3.1) realized by the buyer within 30 days of the time he clicked on the Advertising Space located on the Partner’s website or until the first purchase is made.
6.13. A commission for Order Using Heureka Basket is obtained always by the Partner from whose Advertising Space the buyer came last before realizing an order.
7. Term of Registration and its Termination
7.1. Registration with the Affiliate Program is concluded for an unfixed term.
7.2. The registration terminates or is cancelled;
a) By agreement. Such an agreement occurs by sending a request for the end of registration by the Partner (to the Operator’s e-mail address: email@example.com) or the Operator (to the Partner’s e-mail address stated during registration) and subsequent acceptance by the other party. The registration is terminated at the moment of delivery of acceptance to the other contracting party.
b) By notice. Notice can be submitted by both contracting parties, without giving a reason. The notice term shall be seven days and shall start to run on the first day following the day of service of notice to the other contracting party. Notice can be served electronically to the Operator’s e-mail address: firstname.lastname@example.org, or to the Partner’s e-mail address stated during registration with the Affiliate Program.
c) Unilateral cancellation of the Partner’s registration by the Operator. The Operator is entitled to perform a unilateral cancellation of the Partner’s registration, in particular in cases where the contents of the Partner’s Website are in conflict with legal regulations, accepted practices or Rules or if the Operator learns that the Partner is performing any activities related to the unauthorized increase of commissions. Such actions will be understood to mean, in particular:
- Directly encouraging users to click on the Partner’s Advertising Space or on the Buy/To the shop button located at Heureka portal, and offering any benefits to users for such clicking;
- Placing a link that is activated immediately after entering the Partner’s Website;
- Unapproved modification of advertising elements created by the Operator;
- Mass visits by one user using one IP address;
- Placing the Advertising Space on a page other than that for which the HTML Code was created;
- Placing the Advertising Space on a page that is part of another page;
- Placing the Advertising Space on a page that does not belong to the Partner;
- Placing a banner in the pop-up window on a special page activated at the same moment as the Partner’s page;
- Sending mass unrequested messages calling on the recipients to visit the Website (spamming), e.g. using another medium (e-mail, discussion forums, discussion groups, communicators, social networks, etc.);
- Imitating the appearance of the Operator’s website with the aim of giving the impression that it is a service provided by the Operator;
7.3. In the event one of the reasons for the unilateral cancellation of the Partner’s registration by the Operator occurs, the Partner loses its entitlement to the commission that it had previously obtained in the Affiliate Program.
7.4. The termination or cancellation of registration does not terminate the right to compensation or the provisions concerning such rights and duties whose nature indicates that they should continue to apply even after the end of the registration.
7.5. The Partner undertakes to remove from its Website all Advertising Space, within no more than three days of the moment of termination or cancellation of the registration.
7.6. If the registration is terminated by notice or agreement, then the Partner is obligated to send a tax document or document for payment of the commission to the Operator for the payment of the commission to which the Partner is entitled as of the day registration ends.
8. Final Provisions
8.1. The Rules, the same as rights and duties not set out in the Rules, are governed by the Civil Code and related regulations, as amended.
8.2. The Operator reserves the right to, at any time, cancel the Affiliate Program or unilaterally amend the Rules. The Operator is obligated to announce the fact that the Rules have been amended, publish their new text on the website https://www.heurekashopping.com/for-business-partners/terms-and-conditions/terms-and-conditions-of-use-of-heureka-affiliate-program and also inform the Partner of the amendment made and its essence by a message sent to the Partner’s e-mail address. Amendments come into effect on the 10th day after their publication on the Operator’s website. In the event the Partner does not inform the Operator that it does not consent to an amendment by the effective date, it will be regarded as consenting to the new text of the Rules from the moment of their effect. A statement by the Partner that it does not consent to the new text of the Rules sent electronically to the Operator by the effective date of the new text is regarded as notice of termination of registration, where the notice term and termination of registration are governed by Article 7.2. During the notice term, the relationship between the Partner and the Operator will be governed by the previous text of the Rules.
8.3. If any of the provisions of these Rules is invalid or ineffective for any reason, this fact shall not cause the invalidity or ineffectiveness of the other parts of these Rules.
8.4. These Rules come into force and effect on 25 May 2018.