1. The Terms and Conditions establish the conditions of cooperation between the Partner, Organizer of the KetosisDietitian Affiliate Program, and the commercial partner Urban Generation.
2. Acceptance of the Terms and Conditions is a prerequisite for joining the KetosisDietitian affiliate program.
3. The Partner confirms that they have read, understand, and agree with the terms of these Terms and Conditions. If the Partner does not agree with the terms of these Terms and Conditions, they should not join the affiliate program and accept its provisions.
I. Basic Definitions
1. KetosisDietitian Affiliate Program: an online platform enabling earning by intermediating in the sale of products and services offered by cooperating entities, operating under the domain name KetosisDietitian.pl
2. Organizer – the organizer of the KetosisDietitian Affiliate Program is BHLDNG LIMITED, Company number 14132310, 19 Crundale Tower, Tintagel Road, Orpington, Kent, England, BR5 4LE
3. The owner of the KetosisDietitian Affiliate Program is BHLDNG LIMITED, Company number 14132310, 19 Crundale Tower, Tintagel Road, Orpington, Kent, England, BR5 4LE
4. The Commercial Partner of the Program is Urban Generation Sp. z o.o., ul. Wokulskiego 1A/4, 05-800 Pruszków, NIP 5342568455.
5. Terms and Conditions: these Terms and Conditions
6. Partner:
– an adult natural person not conducting business activities
– a natural person conducting business activities
– a commercial law company
7. Registration Form: a form placed on the Organizer’s websites allowing the submission to the Owner of data of individuals or companies wishing to participate in the Affiliate Program.
8. Partner Account (Admin Panel): available via the KetosisDietitian Affiliate Program, individual access to information on the commissions earned by the partner and statistics. The Partner Account allows the use of marketing tools provided by the Organizer and contact with the Organizer.
9. Products: products and services offered by the Organizer made available for sale through the Affiliate Program by Cooperating Entities.
10. Marketing tools: materials intended for the promotion of Products (banners, photos, articles) to be placed on the websites and blogs of the Partners.
11. Affiliate Link: a unique link available after logging into the Partner Account, generated individually for each Partner.
12. Statistics: tools enabling tracking of the Partner’s activities.
13. Chargeback: a reduction in the commission on the Partner’s account resulting from a customer returning a purchased product.
14. Paid Chargebacks: a reduction in the commission on the Partner’s account in the next billing period resulting from an order that was not delivered to the customer, for which the commission was previously paid.
15. Campaign: promotional activities carried out by the Partner.
16. Customer: a natural or legal person who has purchased a Product as a result of the Partner’s promotional activities.
II. Participation in the Affiliate Program
1. The objective of participating in the KetosisDietitian Affiliate Program is to acquire Customers and support Partners in the sale of Products made available by the Organizer in cooperation with external entities.
2. The following may participate in the program:
– adults not conducting business activities,
– natural persons conducting business activities
– commercial law companies.
3. The prerequisite for joining the KetosisDietitian Affiliate Program is to complete the Registration Form and accept the Terms and Conditions.
4. Acceptance of the Terms and Conditions is tantamount to understanding and accepting the rules in the Affiliate Program.
5. Participation in the program is entirely voluntary and free of charge.
6. The Registration Form must include, obligatorily, the username, password, and email address.
7. A Partner may have only one account in the KetosisDietitian Affiliate Program regardless of the number of websites where they place Product advertisements. If the Partner has more than one account in the Affiliate Program, the Organizer is entitled to block all of the Partner’s accounts.
8. The cooperating entity is the advertiser. It can be any business entity that expresses a willingness to participate in the KetosisDietitian Affiliate Program and accepts the provisions of the terms and conditions. Cooperating entities are verified after initial contact via the contact form.
III. Commission Determination Rules
1. Product sales are remunerated in accordance with the Terms of the KetosisDietitian Affiliate Program.
2. The commission amount is verified by the Partner through the Partner Account.
3. The Organizer reserves the right to change commission rates, provided that changes do not affect already concluded transactions. The current commission rate is provided in the Partner’s panel.
4. The commission is credited to the Partner based on an order placed by the Customer on the official product website promoted in the KetosisDietitian Affiliate Program originating from the unique Partner link.
5. The commission is credited to the Partner at the time of prepayment or when the product is sent by the Organizer to the ordering person.
6. The commission is canceled on the Partner’s account if the Customer returns the purchased product or if the courier is unable to deliver the parcel to the Customer.
7. Commissions are paid between the 20th and 30th of the month for the previous or earlier month.
8. A condition for commission payout is reaching the minimum earnings limit set by the KetosisDietitian Affiliate Program and correctly filling out the payment information in the Client Panel.
9. The Partner, using the Admin Panel, has the ability to track payouts and commissions.
10. The entity settling accounts with the Partner is exclusively the Commercial Partner, with whom the Partner settles directly.
11. The Commercial Partner reserves the right to withhold commission payments to a Partner who generates their commissions in violation of the Terms and Conditions or if there is suspicion that they are acting contrary to the Terms and Conditions.
12. The Partner’s remuneration is paid on the basis of a statement available in the Client Panel, containing a list of completed orders and the resulting total approved commissions.
13. The basis for commission payout is a correctly issued invoice in accordance with the settlement from the Admin Panel.
IV. Rights and Obligations of the Partner
1. Registration is equivalent to acceptance of the Regulations and joining the KetosisDietitian Affiliate Program. Registered users are required to provide payment information. They are also obliged to comply with the rules specified in the Program.
2. Joining the KetosisDietitian Affiliate Program is equivalent to consenting to the processing of the provided personal data necessary for the operations conducted within the Affiliate Program. The Organizer of the KetosisDietitian Affiliate Program is obliged to comply with the rules of the Program.
3. Every Partner registered in the Program receives a license from the Organizer of the KetosisDietitian Affiliate Program authorizing them to use all promotional materials for the promoted products included in the KetosisDietitian Affiliate Program. The materials may be used for promotional purposes and to increase sales on the Partner’s website, blog, and social media.
4. The Partner is not allowed to copy the content contained on the product pages promoted in the Affiliate Program. They may only use the materials included in the KetosisDietitian Affiliate Program.
5. Products promoted in the KetosisDietitian Affiliate Program have registered trademarks and certificates. KetosisDietitian prohibits Partners from promoting their websites under keywords related to all brands listed in the Affiliate Program. It is also forbidden to advertise under branded phrases of products available in KetosisDietitian. This applies to adwords campaigns, auction sites (e.g., allegro, ebay, amazon), or social media activities. The Organizer reserves the right to promote selected products on branded phrases by Partners. It is also forbidden to purchase domains using the brand names of products offered by KetosisDietitian or similar names.
6. The Partner is obliged to keep their websites, blogs, and social media profiles up to date so that the information is consistent and accurately reflects the data contained on the main page of the KetosisDietitian Affiliate Program.
7. The Partner is solely responsible for maintaining and updating their websites.
8. The Partner agrees to the ongoing monitoring of their websites by the Organizer of the KetosisDietitian Affiliate Program. Upon the Organizer’s request, the Partner is obliged to provide a detailed report on the source of traffic on their websites.
9. The Partner is obliged to comply with legal regulations that apply in the markets where their products are promoted.
10. The Partner can withdraw from further participation in the Affiliate Program at any time. To do this, they must submit an appropriate statement to the Organizer of the KetosisDietitian Affiliate Program.
11. The Partner can provide intermediary services in the sale of products from the KetosisDietitian Affiliate Program offer on auction portals. Products may be available individually or in sets (product packages).
12. The Partner selling products from the KetosisDietitian Affiliate Program on auction portals must place an order on the product pages on behalf of the Client – providing their contact details and delivery address.
13. Bulk ordering of products under the personal details of one Client is prohibited, and the amount the Client actually pays for products and delivery must match the amount on the invoice/receipt received by the Client. In case of violation of the Regulations mentioned in the first sentence, the Commercial Partner and the Organizer have the right to apply the provisions indicated in Chapter V, paragraphs 9 and 10 of these Regulations.
14. Cookies may only be saved when transitioning from the Partner’s site to the product site using tools provided in the KetosisDietitian Affiliate Program (e.g., links, banners). Saving cookies in other ways is prohibited.
15. Cookies are stored for 90 days, but the lifespan of cookies may depend on the collaborating entity. During this period, the Partner whose site the user visited first receives the commission.
16. Joining the Affiliate Program means consenting to the processing of the Partner’s personal data and receiving advertising materials and commercial offers from the KetosisDietitian Affiliate Program.
17. Under Art. 13 of the Regulation of the European Parliament and Council (EU) 2016/679 of April 27, 2016, on the protection of personal data in relation to the processing of personal data and on the free movement of such data, it is informed that personal data is processed to conclude and implement the provisions of the agreement concluded with the Partner.
18. The administrator of the data is BHLDNG LIMITED, Company number 14132310, 19 Crundale Tower, Tintagel Road, Orpington, Kent, England, BR5 4LE
19. The legal basis for the processing of personal data is the agreement concluded with the Partner and applicable legal regulations.
20. It is informed that personal data may be disclosed to data recipients under current legal regulations or when necessary to implement the provisions of the agreement (recipients being entities processing on behalf of the Data Administrator – data processing outsourcing).
21. It is informed that personal data contained in the agreement will be processed during the permissible period based on applicable legal regulations.
22. It is informed of the right to access one’s personal data, rectify it, delete it, or limit its processing.
23. It is informed of the right to object to processing and the right to transfer personal data.
24. It is informed of the right to lodge a complaint regarding data processing to the personal data supervisory authority.
25. It is informed that providing personal data is a condition for concluding the agreement and is necessary to achieve the above-mentioned purposes resulting from implementing the provisions of the agreement. Failure to provide personal data will result in the inability to conclude an agreement with the Partner.
26. It is not allowed to use the name, logo, or the KetosisDietitian Affiliate Program without the Organizer’s consent.
V. Rights and Obligations of the Organizer
1. While conducting the KetosisDietitian Affiliate Program, the Organizer is obliged to comply with legal regulations. They commit to protecting the personal data of Program Partners and not disclosing information about commissions paid within the Program.
2. The Organizer commits to conducting and accounting for the sales of products recommended by the Partners honestly.
3. The Organizer provides Partners with unique links needed to prepare promotional activities.
4. The Organizer commits to delivering and regularly updating advertising materials for products promoted in the Program. They also commit to informing all Partners about any changes that occur in the nature of the Program’s operation.
5. Every registered Partner gains access to a Panel that facilitates managing the products promoted in the Program.
6. The Organizer commits to providing Partners with administrative and technical support and assistance in using the Partner’s Account in the KetosisDietitian Affiliate Program.
7. The Organizer may refuse to accept a new Partner into the Program only for justified reasons. The Organizer may also delete the Partner’s account if they violate the applicable regulations or general legal provisions.
8. If the Partner provides incorrect data, the Commercial Partner is not responsible for delays or errors in paying the commission.
9. If there is suspicion that the Partner is violating the Regulations and acting against its guidelines, the Organizer and the Commercial Partner reserve the right to remove their account from the Affiliate Program, as well as to withhold commission payments.
10. If the Partner violates the applicable Regulations, the Organizer and the Commercial Partner reserve the right to withhold commission that has been accumulated on the account.
11. For orders placed after the Partner has withdrawn from the KetosisDietitian Program, the Organizer and the Commercial Partner reserve the right not to pay commission for orders placed by Clients.
12. The Partner has the right to lodge a complaint if they do not receive due remuneration. Complaints can be submitted within 6 months from the due date of the specified payment.
VI. Liability
1. The Organizer and the Commercial Partner are not liable for any damages arising in connection with the offering of products or services by Cooperating Entities.
2. The Organizer is not a party to agreements concluded by Partners using the KetosisDietitian Affiliate Program. The Organizer also does not guarantee the possibility of concluding and performing the agreement by Partners and is not responsible for the improper performance or non-performance of agreements concluded by Partners via the KetosisDietitian Affiliate Program.
3. The Organizer is not responsible for damages resulting from the cessation of services and deletion of the Partner’s account violating the regulations from the Affiliate Program.
4. The Organizer is also not liable for:
a) any damages caused to third parties, resulting from Partners using the Program contrary to the Regulations or legal provisions;
b) damages resulting from the continuity of the KetosisDietitian Affiliate Program;
c) the provision of false or incomplete information by Partners during registration or using the KetosisDietitian Affiliate Program;
d) non-compliance by Partners with the conditions of the Regulations.
e) the content posted on Partners’ websites and the content on advertising creations (e.g., banners, advertising texts, photos, video and audio materials).
VII. Partner’s Administrative Panel
1. Every newly registered Partner of the Program receives access to the Administrative Panel (Partner’s Account). The Panel contains data on products, statistics, and applicable commissions.
2. The Administrative Panel allows for designing campaigns, using advertising tools, and downloading promotional materials. Through the Administrative Panel, Partners can also contact the Organizer on an ongoing basis and ask questions on the forum.
VIII. Final Provisions
1. These Regulations certify an agreement between the Organizer of the KetosisDietitian Affiliate Program, the Partner joining it, and the Commercial Partner. It replaces all other agreements between the parties (verbal, written).
2. Violation of any provision of these Regulations automatically results in the suspension of the Partner’s account and entitles the Organizer and the Commercial Partner to withhold the commission from the Partner.
3. The Organizer may block a Partner’s account if they act to the detriment of the KetosisDietitian Affiliate Program or other Partners participating in the Program.
4. Both the Organizer and the Partner who wish to terminate this agreement and withdraw from the Program or block the account, thereby removing the Partner from participating in the Program, must submit an intention statement to the other party in this regard. The statement of withdrawal from the KetosisDietitian Affiliate Program may be submitted via the Administrative Panel or the provided email address.
5. Both parties to the agreement bear sole responsibility for their actions related to the implementation of the assumptions of the KetosisDietitian Affiliate Program and for compliance with the provisions of these Regulations (the agreement).
6. The Organizer reserves the right to make unilateral changes to the applicable Regulations. The Organizer will inform Partners of the changes by posting a new version of the Regulations on the main page of the KetosisDietitian Affiliate Program.
7. In all matters not regulated in these regulations, the generally applicable legal provisions in the Organizer’s place of business apply.