Terms and Conditions

for cooperation and the commission system of the online server located at affiliate.studio51.team.

The provider of the commission system is:

• Company: Studio 51 s.r.o.
• Registered office: Toužimská 889, 199 00 Prague 9, Czech Republic
• Company ID No.: 28257308
• VAT ID No.: CZ28257308
• Tel.: +420 222 521 799
• E-mail: affiliate@studio51.team

(hereinafter referred to as the “Provider”)

1. Introductory Provisions

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

• a) arising in connection with a 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 in the commission system, both the Partner and the Provider express their consent to these terms and conditions and both parties undertake to comply with 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 s.r.o., Jahnova 8, Pardubice 530 02, Company ID No.: 28777000, VAT ID No.: CZ28777000.

2. Definitions

2.1. A Cooperation Agreement means any agreement concluded under these terms and conditions between the Provider and the Partner, the purpose of which is the promotion of the Provider’s goods, services, or activities. The specific scope of promotion, the amount of the commission including information on whether the commission is subject to VAT, and any other details shall be published by the Provider in 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 neither a mandate agreement nor a commercial agency agreement.

2.2. A Campaign determines the scope of marketing and other activities which the Provider defines in more detail in the commission system and offers to the Partner for promotion. A Campaign especially means which goods, services, or websites of the Provider are to be promoted through the commission system. The detailed terms of a campaign or a group of campaigns are described in the Cooperation Agreement.

2.3. A Conversion means an action of a Visitor that is the objective of the campaign. A Conversion means, in particular, the completion of a purchase of goods or an order for the Provider’s services. By making a conversion, the Visitor becomes a customer of the Provider.

2.4. Methods of Promotion mean marketing and other similar activities of the Partner through which the Partner promotes the Provider’s goods or services. Methods of Promotion include in particular:

• 2.4.1.a) placement of advertising content (in particular banners) on the Partner’s websites;
• 2.4.1.b) publication of references to the Provider’s goods or services through blogs, discussion forums, or articles (provided that the rules of such blogs or discussion forums permit such activity);
• 2.4.1.c) sending e-mails informing recipients about the Provider’s goods or services to persons who have properly consented to this form of marketing in accordance with legal regulations;
• 2.4.1.d) linking to the Provider’s goods or services through social networks;
• 2.4.1.e) PPC campaigns.

2.5. A Visitor means a person who visits the Provider’s website as a result of activities carried out by the Partner using permitted Methods of Promotion.

2.6. A Partner means a natural person over eighteen years of age or a legal entity participating in the Provider’s commission system on the basis of registration.

2.7. A Commission Link means a unique link assigned to the Partner within the commission system. The Partner is entitled to a commission only if the Partner’s commission link was used in connection with an approved conversion.

2.8. A Commission Account means the Partner’s account maintained by the Provider in the AffilBox internet application within the administration of the commission system, to which the Partner has online access. The account records data relating in particular to the number of Visitors, orders, and their status.

2.9. An Approved Conversion means a conversion in which the customer duly and fully pays the price of the goods or services.

2.10. The Provider’s Websites are the Provider’s websites located at sexshop51.cz, sexshop51.sk, sexshop51.eu, gaymegastore.cz, gaymegastore.sk, gaymegastore.eu, slave4master.cz, slave4master.sk, slave4master.eu, joyx.cz, joyx.sk, joyx.eu.

2.11. A Customer means a person who places a binding order for goods, services, or other performance on the Provider’s websites.

3. Participation in the Commission System

3.1. Participation in the commission system arises upon the Partner’s registration in the commission system.

3.2. Within the commission system, the Partner promotes the Provider’s services or goods on the basis of a Cooperation Agreement using the Methods of Promotion.

3.3. The Partner is fully liable for any damage caused by its actions contrary to these terms and conditions and/or the legal order of the Czech Republic to the Provider, other users of the Provider’s websites, or third parties.

3.4. The Partner is responsible to the Provider for the accuracy and completeness of the information provided during registration. In the event of changes to such information, the Partner is obliged to inform the Provider without undue delay. The Provider is not liable for any damage incurred by the Partner due to failure to notify such changes.

4. Rights and Obligations of the Partner

4.1. The Partner is obliged to ensure that its activities do not damage or endanger the good name and reputation of the Provider or of the goods and services offered by the Provider.

4.2. The Partner may not promote the Provider’s goods or services on websites whose content may in any way violate the legal regulations of the Czech Republic or good morals. This includes in particular websites with illegal content and websites through which intellectual property rights are infringed or such activities are promoted.

4.3. The Partner, the Partner’s family members, or persons acting in concert with the Partner may not order the Provider’s goods or services through the Partner’s own commission link. If they do so, the Partner’s entitlement to commission from such conversions shall cease. If such conduct causes damage to the Provider, the Partner is obliged to compensate the Provider for such damage in full.

4.4. The Partner is obliged to protect its access credentials to its commission account against misuse by third parties. The Provider is not liable for any damage incurred by the Partner as a result of such misuse.

4.5. The Partner is entitled to use for the Provider’s promotion all text and graphic materials which are the result of the Provider’s creative activity or for which the Provider has a valid license, and which are provided or made accessible to the Partner for this purpose in the commission system. Without the Provider’s prior consent, the Partner is not entitled to use the provided materials other than for the purposes of the campaign.

4.6. Without the Provider’s prior consent, the Partner may not in any way modify the HTML codes, graphic design, or content of advertising spaces (for example banners) provided by the Provider for use within the campaign.

4.7. The Partner is obliged to ensure that, within the Methods of Promotion chosen by the Partner, programs, scripts, reloading of advertising banners, or other means are not used to unfairly increase the number of impressions of the Provider’s advertising spaces.

4.8. The Partner undertakes not to promote the Provider by sending messages (by e-mail, SMS, on discussion forums) that are classified as SPAM. If such activity by the Partner is detected by the Provider, the Provider is entitled to withdraw from the Cooperation Agreement and close the Partner’s commission account. In such case, the Partner shall also lose entitlement to commissions that have not yet been paid out.

4.9. The Provider’s goods or services may not be promoted through PPC campaigns in Google Ads, Sklik, or Facebook Ads.

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

5. Rights and Obligations of the Provider

5.1. The Provider undertakes to approve the Partner’s conversions on a regular basis within the commission approval process. The Partner shall be informed of the approval of a conversion through the Partner’s commission account.

5.2. Cookies on customers’ computers are used to obtain information about conversions. The validity period of cookies is stated by the Provider in the application interface. The Partner acknowledges, and the Provider shall not be liable, that if the customer disables the use of cookies by selecting a setting in the web browser or otherwise, the conversion cannot be attributed to the Partner’s commission link and the Partner shall not be entitled to a commission for such conversion.

5.3. The Provider is not liable for any damage caused by the promotion of programs included in the commission system.

5.4. The Provider undertakes to pay the Partner a commission for approved conversions achieved by the Partner in accordance with Article 6 of these terms and conditions.

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

5.6. The Provider is entitled to amend 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 version of the terms and conditions effective at the time they arose. The Provider is obliged to notify the Partner of any change to the terms and conditions via the contact e-mail provided by the Partner during registration. The new wording of the terms and conditions shall become effective vis-à-vis the Partner upon such notification.

6. Commission

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

6.2. Commissions shall always be approved by the Provider without undue delay after the expiry of the period during which legal regulations or the Provider’s terms and conditions allow the consumer to withdraw from the contract. Conversion approval is carried out manually. The Partner shall be informed of the approval of a commission through the Partner’s commission account.

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

6.4. The Partner shall not be entitled to commission for cancelled or revoked orders or where the customer withdraws from the contract.

7. Payment of Commission

7.1. The Partner is entitled to payment of commission if the total amount of approved commissions in the Partner’s commission account exceeds the amount stated in the web interface of the commission system (i.e. agreed in the Cooperation Agreement).

7.2. If the commission balance in the Partner’s commission account exceeds the amount stated above, the Partner may request payment of the commission through the commission account. Based on the Partner’s request, the Partner shall be sent a report stating the final amount that the Partner may invoice. If the Partner is unable to issue an invoice, the commission shall be paid on the basis of an agreement to perform work.

7.3. The due date of an invoice issued by the Partner must not be less than 14 days from its delivery to the Provider. If a shorter due date is stated on the invoice, the invoice shall be due 14 days from delivery.

7.4. The total amount of commission requested by the Partner for payment must correspond to the data stated in the commission account on the date on which the Partner requests payment. The Provider is entitled to review the Partner’s request and verify the accuracy of the stated data. In the event of any discrepancies, the Provider shall notify the Partner of its findings, and the parties undertake to provide each other with the cooperation necessary to resolve the matter. During the resolution of such matter, the time limits set for commission payments shall be suspended.

7.5. Commission payments shall be made exclusively by bank transfer in CZK (Czech koruna) to the Partner’s bank account maintained with a bank in the Czech Republic or Slovakia, and the Partner is obliged to provide the Provider with all data necessary to make the payment (in particular the account number). Commissions shall not be paid in cash, by foreign bank transfer (except for transfers to Slovakia in Czech koruna), by postal order, or by any other method unless otherwise agreed between the Partner and the Provider.

8. Partner’s Objections

8.1. In case of doubt, especially regarding the correctness of records of mediated conversions or approved commissions, the Partner may raise objections with the Provider. In such case, the Partner is obliged to submit all available data and records related to the objections.

8.2. The Partner has the right to raise objections within 30 days from the date of occurrence of the fact giving rise to the objection. The Provider is not obliged to respond to later objections.

8.3. Objections must be sent by the Partner to the Provider in written form, which also includes an e-mail message sent to the Provider’s contact e-mail. An objection shall be deemed duly raised only if it is properly delivered to the Provider, is legible, and contains all information and supporting documents necessary for the Provider to fully assess the objection.

8.4. The assessment and decision on objections submitted shall be entirely within the Provider’s competence. Objections are usually handled by the Provider within 30 days from the date of their delivery to the Provider. The Provider’s decision shall subsequently be notified to the Partner.

9. Duration and Termination of the Cooperation Agreement

9.1. The Cooperation Agreement is concluded for the period specified in the campaign terms, or for an indefinite period.

9.2. The Cooperation Agreement may terminate by:

• 9.2.1.a) mutual agreement between the Provider and the Partner.
• 9.2.1.b) notice of termination by the Provider or the Partner. The notice must be made in writing or by e-mail and delivered to the other contracting party, even without stating reasons. The Cooperation Agreement terminates on the date the notice of termination is delivered to the other contracting party.
• 9.2.1.c) withdrawal from the Cooperation Agreement by the Provider. The Provider is entitled to withdraw from the agreement if it is proven that the Partner acts in violation of these terms and conditions, legal regulations, or good morals. Notice of withdrawal must be made in writing or by e-mail and delivered to the Partner, stating the reason for withdrawal. The Cooperation Agreement then terminates on the date the notice of withdrawal is delivered to the Partner. By withdrawal from the Cooperation Agreement by the Provider, the Partner’s entitlement to unpaid commissions shall cease. If the Provider suffers damage as a result of a breach of these terms and conditions or legal regulations, the Partner is obliged to compensate it in full (the amount of damage is not reduced by unpaid commissions).

9.3. The termination of the Cooperation Agreement shall not affect any claims for damages.

9.4. If the Cooperation Agreement terminates by agreement or notice, the Partner is entitled to request payment from the Provider of commissions to which the Partner became entitled as of the date of termination of the Cooperation Agreement. Such commissions shall be paid to the Partner no later than 14 days from the date of delivery of the invoice.

10. Personal Data Protection

The Provider declares that data shall be protected in accordance with the relevant provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons 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 from us about what personal data we process about you,
• request access to such data and have it updated or corrected, or request restriction of processing,
• data portability and the right to a copy of personal data,
• request that we erase such personal data, unless it concerns personal data that we are obliged or authorized to continue processing under the applicable legal regulations,
• lodge 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 processing your personal data in breach of the Regulation.

10.1. If, during the implementation of campaigns, legal regulations referred to in the previous Article 10.3 are violated by the Partner, the Partner shall bear sole responsibility for such violation. If the Provider is required to make any monetary payment in connection with such unlawful activity of the Partner, the Provider shall be entitled to reimbursement from the Partner of such payment, including legal representation costs.

10.2. Partners who have registered in the affiliate program agree to receive e-mail messages that will serve to provide news and information related to campaigns in the commission program or to the Provider’s business activities.

These Terms and Conditions in this wording are valid from 19 May 2023.

This document is an English translation of the Czech version of the Terms and Conditions. The Czech version is the governing version and shall take precedence in the event of any discrepancy or inconsistency.