Terms and Conditions of cooperation and the commission system of the online server located at the internet address partner.artmaster.com

The provider of the commission system is: Company/Name and Surname: Art Master Academy Ltd. Address: Příčná 147/2, České Budějovice, 370 01 ID: 07597177 (VAT ID): CZ07597177 Tel.: 720594735 Email: info@artmaster.com (referred to as the "Provider" hereinafter)

1. Introductory Provisions

1.1. These terms and conditions govern the rights and obligations of the contractual parties:

a) arising in connection with the cooperation agreement concluded between the Partner and the Provider; b) arising in connection with participation in the Provider's commission system. 1.2. By registering for the commission system, the Partner and the Provider express their consent to these terms and conditions and both parties undertake to abide by these terms and conditions.

1.3. In matters not regulated by these terms and conditions, the relationship between the Partner and the Provider shall be governed by the applicable legal regulations, in particular Act No. 89/2012 Coll., the Civil Code.

1.4. The commission system is operated through the AffilBox application provided by AffilBox Ltd., Jahnova 8, Pardubice 530 02, ID: 28777000, VAT ID: CZ28777000.

2. Definitions

2.1. The cooperation agreement is any agreement concluded under these terms and conditions between the Provider and the Partner, with the purpose of promoting the goods, services, or activities of the Provider. The specific scope of promotion, commission amount including information on commission VAT and any other details will be published by the Provider on its web interface. The cooperation agreement is concluded electronically and is not provided in written form. The agreement is concluded when the Partner accepts the cooperation terms proposed by the Provider by pressing the confirmation button in the commission system. The cooperation agreement is not a mandate contract or a commercial agency agreement.

2.2. Campaign defines the scope of marketing and other activities that the Provider further defines in the commission system and offers to the Partner for promotion. The campaign primarily refers to the goods, services, or websites of the Provider that are to be promoted through the commission system. Detailed conditions of the campaign or campaign group are described in the cooperation agreement.

2.3. Conversion is an action by a Visitor that is the goal of the campaign. Conversion mainly refers to the completion of the purchase of goods or the ordering of services from the Provider. The Visitor becomes a customer of the Provider through conversion.

2.4. Promotion methods are marketing and similar activities of the Partner by which the Partner promotes the goods or services of the Provider. Promotion methods include, in particular:

2.4.1.a) placement of advertising content (especially banners) on the Partner's websites; 2.4.1.b) mentioning the goods or services of the Provider through blogs, discussion forums, or articles (provided that the rules of blogs or discussion forums allow this activity); 2.4.1.c) sending emails informing about the goods or services of the Provider to individuals who have given their consent to this form of marketing in accordance with legal regulations; 2.4.1.d) linking to the goods or services of the Provider through social networks; 2.4.1.e) PPC campaigns. 2.5. Visitor is a person who visits the websites of the Provider based on the activities carried out by the Partner within the permitted promotion methods.

2.6. The partner can be a natural person over the age of eighteen or a legal entity who participates in the Provider's affiliate system based on registration.

2.7. An affiliate link refers to a unique link assigned to the partner within the affiliate system. The partner is entitled to a commission only if their affiliate link was used in the approved conversion.

2.8. An affiliate account is the partner's account maintained by the Provider in the AffilBox online application within the administration of the affiliate system, to which the partner has online access. The account contains information, in particular, regarding the number of visitors, orders, and their status.

2.9. An approved conversion is a conversion in which the customer properly and fully pays for the goods or services.

2.10. The Provider's website refers to the Provider's website located at artmasteracademy.cz.

2.11. A customer is a person who definitively orders goods, services, or other deliverables on the Provider's website.

3. Participation in the affiliate system

3.1. Participation in the affiliate system is established by the partner's registration in the affiliate system.

3.2. Within the affiliate system, the partner promotes the Provider's services or goods based on a cooperation agreement using promotional methods.

3.3. The partner is fully responsible for any damages caused by their actions in violation of these terms and/or the laws of the Czech Republic to the Provider, other users of the Provider's website, or third parties.

3.4. The partner is responsible for the accuracy and completeness of the information provided during registration. In the event of changes in the provided information, the partner is obliged to promptly inform the Provider of this fact. The Provider is not responsible for any damages incurred by the partner due to the failure to notify changes in the information.

4. Rights and obligations of the partner

4.1. The partner must ensure that their activities do not harm or jeopardize the reputation and good name of the Provider or the offered goods and services.

4.2. The partner must not promote the Provider's goods or services on websites whose content may violate the legal regulations of the Czech Republic or good morals. This particularly applies to websites with pornographic or illegal content and websites that violate intellectual property rights or promote such activities.

4.3. The partner, their family members, or individuals acting on behalf of the partner must not order the Provider's goods or services through their own affiliate link. If they do so, the partner's right to a commission for such conversions is forfeited. If the Provider incurs any damage due to such actions, the partner is obliged to fully compensate for this damage.

4.4. The partner is responsible for protecting their access credentials to their affiliate account from third-party misuse. The Provider is not responsible for any damage incurred by the partner through such misuse.

4.5. The partner is entitled to use all textual and visual materials resulting from the Provider's creative work or materials for which the Provider has a valid license and which are provided or made available to the partner in the affiliate system for the purpose of promotion. Without the prior consent of the Provider, the partner is not authorized to use the provided materials for any purpose other than the campaign.

4.6. The partner must not modify HTML codes, visual appearance, or content of advertising spaces (such as banners) provided by the Provider for use within the campaign without prior consent from the Provider.

4.7. The partner is obliged to ensure that the selected promotion methods do not involve unfair increase in the number of impressions of the Provider's advertising spaces through programs, scripts, reloading of advertising banners, or other means.

4.8. The Partner undertakes not to promote the Provider by sending messages (emails, SMS, on discussion forums) that qualify as SPAM. If such activity by the Partner is detected by the Provider, the Provider is entitled to terminate the cooperation agreement and close the Partner's commission account. In such a case, the Partner loses the right to receive commissions that have not yet been paid to them.

4.9. It is not allowed to promote the Provider's goods or services through PPC campaigns in AdWords, Sklik, or Facebook Ads.

4.10. Banners, texts, and other content placed in the interface of the AffilBox application and the affiliate system, including the software of the web interface and the affiliate system, are protected by the copyright of the Provider or AffilBox s.r.o., and may be protected by other third-party rights. The content must not be modified, copied, reproduced, distributed, or used by any third party for any purpose without the written consent of the Provider or other copyright holder. The right to use protected material in accordance with Article 4.5 of these terms and conditions is not affected by this provision.

5. Rights and Obligations of the Provider

5.1. The Provider undertakes to regularly approve Partner conversions within the commission approval process. The Partner will be informed about the approval of conversions through their commission account.

5.2. Cookies are used to gather information about conversions on customers' computers. The validity of cookies is specified by the Provider in the application interface. The Partner acknowledges that if a customer disables cookies by choice in their web browser or otherwise, it will not be possible to attribute the conversion to the Partner's affiliate link, and the Partner will not be entitled to a commission for such conversion.

5.3. The Provider is not responsible for any damage caused by the promotion of programs involved in the affiliate system.

5.4. The Provider undertakes to pay the Partner commissions for approved conversions according to Article 6 of these terms and conditions.

5.5. The Provider is entitled to request promotional emails and other texts that the Partner intends to use in their campaign for approval.

5.6. The Provider is entitled to change or supplement the wording of these terms and conditions at any time. The rights and obligations of the parties shall always be governed by the wording of the terms and conditions in force at the time they were created. The Provider is obliged to notify the Partner of any changes to the terms and conditions through the contact email provided by the Partner during registration. The new wording of the terms and conditions will be effective towards the Partner from the date of notification.

6. Commission

6.1. The amount of the commission is specified in the affiliate system for each campaign separately.

6.2. Commissions will be approved by the Provider promptly after the period during which legal regulations or the Provider's terms and conditions allow consumers to withdraw from the contract has expired. The approval of conversions is carried out automatically/manually. The Partner will be informed about the approval of the commission through their commission account.

6.3. Commissions will be approved for conversions where the goods or services promoted in the campaign have been properly and fully paid for.

6.4. There is no entitlement to a commission for canceled or revoked orders or for customers withdrawing from the contract.

7. Commission Payment

7.1. The Partner is entitled to commission payment if the sum of approved commissions in their commission account exceeds the amount specified in the affiliate system web interface (i.e., the agreed amount in the cooperation agreement).

7.2. If the commission balance on the Partner's commission account exceeds the specified amount, the Partner has the option to request commission payout through their commission account. Upon the Partner's request, a report will be sent to the Partner, specifying the final amount that the Partner can invoice. If the Partner is unable to issue an invoice, their commission will be paid based on a work agreement.

7.3. The invoice issued by the Partner must have a payment due date of no less than 14 days from its delivery to the Provider. If a shorter payment deadline is indicated on the invoice, the invoice is due 14 days from its delivery.

7.4. The total commission amount requested by the Partner for payout must correspond to the data indicated on the commission account as of the date on which the Partner requests the payout. The Provider is entitled to review the Partner's request and the accuracy of the provided data. In case of any discrepancies, the Provider will inform the Partner of their findings, and the parties commit to cooperating to resolve the matter. During the resolution of such a matter, the deadlines set for commission payouts are put on hold.

7.5. Commission payouts are exclusively made via bank transfer in Czech koruna (CZK) to the Partner's bank account held in a bank in the Czech Republic or Slovakia. The Partner is obligated to provide the Provider with all the necessary details for payment execution (especially the account number). Commissions will not be paid in cash, via international bank transfer (except transfers within Slovakia in Czech koruna), money order, or any other method, unless agreed otherwise between the Partner and the Provider.

8. Partner's Objections

8.1. In case of doubts, particularly regarding the accuracy of recorded conversions or approved commissions, the Partner has the option to raise objections to the Provider. In such cases, the Partner is obliged to submit all available information and records related to the objections.

8.2. The Partner has the right to raise objections within 30 days from the occurrence of the event that is the reason for the objection. The Provider is not obligated to respond to objections raised after this deadline.

8.3. Objections must be sent to the Provider in written form, which also includes email messages sent to the Provider's contact email. Only objections that are properly delivered to the Provider, legible, and contain all the necessary information and supporting documents for a thorough evaluation by the Provider are considered valid.

8.4. The evaluation and decision regarding raised objections are fully within the competence of the Provider. Objections are typically resolved within 30 days from their delivery to the Provider. The Provider then communicates their decision to the Partner.

9. Duration of the Cooperation Agreement and Termination

9.1. The Cooperation Agreement is concluded for a specified period stated in the campaign conditions or for an indefinite period.

9.2. The Cooperation Agreement may be terminated:

9.2.1.a) By mutual agreement between the Provider and the Partner. 9.2.1.b) By termination notice from the Provider or the Partner. The notice must be made in written form or via email and delivered to the other contracting party, even without stating the reasons. The Cooperation Agreement terminates on the day of delivery of the termination notice to the other contracting party.

9.2.1.c) Termination of the cooperation agreement by the Provider. The Provider is entitled to terminate the agreement if it is proven that the Partner is acting in violation of these terms and conditions, legal regulations, or good morals. The notice of termination must be made in writing or by email and delivered to the Partner, stating the reason for the termination. The cooperation agreement ceases to exist upon the delivery of the notice of termination to the Partner. By terminating the cooperation agreement, the Provider extinguis

9.3. Termination of the cooperation agreement does not affect any claims for compensation.

9.4. In the event of termination of the cooperation agreement based on mutual agreement or notice, the Partner is entitled to request the payment of commissions from the Provider, for which the Partner became eligible as of the date of termination of the cooperation agreement. Commissions will be paid to the Partner no later than 14 days from the date of invoice delivery.

10. Data Protection The Provider declares that data will be protected in accordance with the relevant provisions of the European Parliament and Council Regulation (EU) 2016/679 on the protection of individuals 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).

Please note that under the Regulation, you have the right to:

• Request information about the personal data we process.
• Request access to this data, and have it updated or corrected, or request processing restrictions.
• Data portability and the right to obtain a copy of personal data.
• Request the deletion of personal data - unless the personal data is required or authorized for further processing under relevant legislation.
• File a complaint with the Office for Personal Data Protection and the right to effective judicial protection if you believe that your rights under the Regulation have been violated as a result of the processing of your personal data in breach of the Regulation.

10.1. In the event of a violation of legal regulations during the implementation of campaigns by the Partner as stated in the previous clause 10.3, the Partner bears exclusive responsibility for such violation. If the Provider is required to make a financial payment in connection with such unlawful activity by the Partner, the Provider is entitled to reimbursement of such payment, including legal representation costs, from the Partner.

10.2. Partners who have registered for the partner program agree to receive email messages that will serve to send news and information related to campaigns in the affiliate program or the business activities of the Provider.

These terms and conditions are valid from May 10, 2023.