RULES AND REGULATIONS OF THE ADVERTISING NETWORK
RULES AND REGULATIONS OF USING THE “INIS” APPLICATION (for Publishers)
I. GENERAL PROVISIONS
- The owner of the Inis application (hereinafter also referred to as the “Application”) is Inis spółka z ograniczoną odpowiedzialnością [a limited liability company], seated in Rybnik, Poland, at ul. Raciborska 35a, entered in the Register of Entrepreneurs kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, hereinafter also referred to as the Licensor.
- The principles of using the Application, in particular the Licensees’ rights and responsibilities, are defined in these rules and regulations, hereinafter referred to as “Rules and Regulations”.
- Licensee — a natural person, a legal person or an organizational unit with a legal personality who/which filled in the registration form, created an account in the Application and accepted the Rules and Regulations. The Licensee is obliged to provide true data during registration and is fully and solely responsible for that.
- Account — an account maintained by the Licensor individually for each Licensee; it ensures access to the Application.
- Login/e-mail — a Licensee’s individual designation allowing them/it to be identified and access the Application.
- Password — a string of characters chosen by the Licensee to secure the access to the Account.
Publisher — the Application Licensee who/which participates in sending additional advertising mailing commissioned by the Licensor.
- Affiliation Program — a set of principles defining the manner of remunerating the Publisher for promoting the Advertiser’s products or services using the Application.
- Advertiser — an entity which commissioned the Licensor with carrying out an advertising campaign aimed at promoting the Advertiser’s products and services.
- Creation — a textual or graphic advertising message made using any technique and published on the Internet.
- Lead — performance of an activity defined in the Affiliation Program by a User who reached the Target Site via the Publisher’s Site or Mailing on the conditions governed by the Affiliation Program. A Lead can be e.g. filling in a form or a questionnaire.
- Target Site — the Advertiser’s site or websites indicated in the Affiliation Program.
- User — a person who performs the activities of clicking an advertisement placed on the Publisher’s Site or in the Publisher’s Mailing; this redirects the User to the Advertiser’s site and the Publisher is remunerated for that.
- Click — marking and selecting the Target Link by the User in the Creation sent by the Licensee as part of the Affiliation Program.
- Target Link — an element placed in the Internet message (a website, a web application, mailing etc.) which redirects one to the Target Site once clicked.
- Traffic — a collective term including correct Clicks, Contacts and Transactions/sales.
- Artificial Traffic — a collective term including incorrect Clicks, Contacts and Transactions/sales caused, for example, by automatic loading of a site, software updating web browser indexes, web robots, requests sent via e-mail or chatrooms, script generators or placement of links on other sites than those reported by the Publisher, as well as Clicks not generated by web browsers and Clicks not preceded by link activation by the Lead (contact) wishing to connect to a given site.
II. USING THE APPLICATION
- The Application is aimed at sending commercial messages electronically.
- The access to the Application is paid.
- To create an Account in the Application, the Licensee is obliged to fill in the registration form available on the Internet at www.inis.pl and accept the Rules and Regulations.
- As part of using the Application, the Licensee has the right to: register an Account, store data, create campaigns and test them.
- The Licensor grants the Licensee a non-exclusive license within the territory of the Republic of Poland concerning using the Application for the Licensee’s sole purposes under the principles described in the Rules and Regulations.
- In particular, the Licensee shall not do the following:
a) modify or disassemble the Application, change the Application structure or apply the Application or its part(s) in another software;
b) permanently or temporarily multiply the Application or its part(s) using any means or in any form;
c) observe, examine or test Application operation unless the observations, examinations and tests are carried out by the Licensee during implementing, displaying, using or storing the Application and their scope is as defined in clause 13 of the Rules and Regulations, in particular to learn the Application concept and principles;
d) multiply the code or translate its form as defined in art. 74 par. 4 item 1 and 2 of the Polish Act of February 4th, 1994 on copyrights and related rights (uniform text: Journal of Laws: Dz.U. of 2000, No. 80, item 904);
e) use the Application in a manner breaching the law, in particular the Polish Act of July 18th, 2002 on the provision of services by electronic means;
f) use the Application in a manner infringing the good practice;
g) import electronic addresses or other data of persons to the Application if those persons did not give the Licensee their direct consent to receive commercial information by electronic means. The Licensee is obliged to obtain consent to receive commercial information by electronic means from message addressees.
- The Application can be accessed round the clock.
- The base or its part imported to the Application shall be removed by the Licensor at the Licensee’s express request. This shall be done within 14 days of the day the Licensee’s request for base removal is received.
III. RIGHTS AND RESPONSIBILITIES OF THE LICENSOR
- The Licensor declares that the data provided by the Licensee are confidential and shall be made available only to entities authorized to receive them under the binding provisions of law.
- The Licensor obliges to keep confidential the database imported to the Application by the Licensee.
- The Licensor declares that it makes every effort for the Application to work correctly.
- The Licensor obliges to provide information on Application operation troubleshooting in the form of help and videohelp available on the following site: www.inis.pl.
- The Licensor reserves the right to short interruptions stemming from periodic maintenance of the Application or caused by unpredictable situations commonly considered as Force Majeure events.
- Should it become necessary to disconnect the Application, the Licensor shall inform the Licensee about this in due advance.
- If any irregularities or errors in Application operation are reported, the Licensor obliges to commence their removal promptly (no later than within 14 days of the date of receiving the report on them).
- The Licensor shall not be responsible for damage, loss of data, information or income as a result of failure to deliver them to the addressee or their delivery to another addressee, delivery delays or service provision stoppages for reasons independent of the Licensor, in particular breakdowns, a general strike, internal fights within the country, earthquakes, floods, epidemics and other events caused by elementary forces of nature which the Licensor or the Licensee cannot predict and which are external in relation to themselves.
- The Licensor shall not bear any responsibility for the Licensee’s illegal use of Application. The Licensee bears full responsibility for the content of the sent data.
- The Licensor ensures correct Application operation excluding the situations referred to in clause 21 of the Rules and Regulations.
- The Licensor shall not be responsible for the Licensee’s material losses caused by data loss on the servers.
- The Licensor shall not bear any express or implied responsibility for illegal use of the Application, the data delivered, sent and used by the Licensee (in particular personal data), the Licensee’s base registration with the Personal Data Protection Office (UODO) and any related consequences or the presence and correctness of personal data processing procedures or instructions. The Licensee accepts full express and implied responsibility for the Licensee’s base conformity with legal requirements (in particular those of the Polish Personal Data Protection Act), aim and manner of Application use (including legal processing of personal data and authorized manner of sending commercial information by electronic means in line with the binding provisions of law), the Licensee’s base registration with the Personal Data Protection Office (UODO) and any related consequences as well as the presence and correctness of personal data processing procedures or instructions.
- The Licensor has the right to delete the Licensee’s Account permanently in particular if the Licensee uses the Application in a manner which does not comply with the law or the provisions of these Rules and Regulations or if the Licensee infringes third party rights.
- The Licensor has the right to demand that the Licensee confirm the sending of one Mailing in each month of using the Application to the Licensee’s address base imported to the Application. The Licensor shall bear the cost of the abovementioned Mailing. The Mailing completion date and content shall be visible to the Licensee confirming the Mailing on the Licensee’s Account.
- The Licensee is obliged to give the Licensor a confirmation of completing the Mailing referred to in the previous clause. If the Licensee does not agree to send an advertising Mailing with the content and Creation provided by the Licensor, the Licensor shall present the second Mailing design to the Licensee.
- The Licensor has the right to demand that the Licensee insert an Inis footnote in the content of the message sent using the Application.
IV. RIGHTS AND RESPONSIBILITIES OF THE LICENSEE
- The Licensee agrees to the processing by the Licensor of the Licensee’s data provided during registration for the purposes of providing technical support.
- The Licensee hereby agrees to receive regular e-mail messages with commercial information concerning the Application during the term of the agreement.
- The User is obliged to familiarize themselves with the Polish Act of July 18th, 2002 on the provision of services by electronic means (Journal of Laws: Dz. U. of September 9th, 2002) and the Polish Personal Data Protection Act (Journal of Laws: Dz. U. of October 29th, 1997) and observe their provisions absolutely. This concerns in particular the possession of the following consents required by law:
a) consent to the processing of their personal data for marketing purposes (or other purposes defined by law) and for the purposes of sending commercial information by electronic means to those persons;
b) consent to receive commercial information as defined in the Polish Act of July 18th, 2002 on the provision of services by electronic means (Journal of Laws: Dz. U. of 2013, item 1422);
c) consent to the use of automatic calling and telecommunication systems of end devices for direct marketing purposes, according to art. 172 of the Polish Telecommunication Law of July 16th, 2004 (Journal of Laws: Dz.U. of 2004, No. 171, item 1800);
as well as meeting the obligation of reporting the base imported to the Program to the Personal Data Protection Office (UODO) or appointing an Information Security Administrator in one’s company.
- The Licensee obliges to import their/its address base to the Application.
- The Licensee may demand any time that their/its Account be deleted from the System.
- The Licensee declares that they/it have/has obtained relevant consents (referred to in clause 33) from the persons included in the base imported to the Application concerning receiving commercial information by electronic means.
- The Licensee bears full responsibility for non-possession of a relevant consent referred to in the previous clause and in clause 33.
- The Licensee bears full responsibility for the provision of true data during the registration and Account creation process.
- The Licensee shall confirm each Mailing to the Licensee’s address base imported to the Application according to clause 28 of the Rules and Regulations.
- If the Licensee wishes to import a database to the Application and the database contains data considered as personal data under the Polish Personal Data Protection Act, the Licensee is obliged to fill in the personal data processing agreement which constitutes Appendix No. 1 to the Rules and Regulations. The Licensee is obliged to print the abovementioned agreement in two copies, fill it in, sign it and send both copies to the Licensor’s address. The Licensor shall sign one agreement copy and send it back to the Licensee.
- The Licensee bears full and sole responsibility for reporting the database containing personal data to the Personal Data Protection Office (UODO) as well as for filling in and signing the data processing agreement.
- The Licensee is obliged to insert an Inis footnote in the content of the message sent using the Application.
- Without the Licensor’s consent, a Licensee who/which is simultaneously a Publisher shall not:
a) change the message title;
b) change the message sender;
c) modify the Mailing Creation content;
d) send Mailing to subcontractors;
f) introduce corrections to the Creation test after receiving the Licensor’s approval;
g) unlink the tracking pixel which counts the impressions.
- A Licensee who/which is simultaneously a Publisher is obliged to:
a) include in the Mailing a full information footnote containing the details of the administrator of the personal data of the persons to whom the message is sent;
b) include a resignation footnote or information about the manner of unsubscribing in the e-mail message;
c) include the Publisher’s active e-mail address in the content.
- A Licensee who/which is simultaneously a Publisher shall not:
a) carry out Mailing campaigns in a manner other than commissioned by INIS (so-called motivated traffic);
b) generate fraud traffic (among other things, traffic coming from cloud domains, foreign IPs or bots) or perform any activities displaying traits of cybercrime.
If the provisions of this clause are infringed, the Licensor may terminate the agreement concluded with the Licensee with immediate effect and the Licensee shall be obliged to cover any and all damages stemming from those activities as well as release the Licensor from any responsibility for those activities.
- If the Licensor receives a report of unsolicited commercial information in connection with the Mailing carried out by the Licensee, the Licensee shall be obliged to provide the Licensor with the following information within 24 hours of being summoned to do so:
a) date of recording the User in the Licensee’s base;
b) content of the consents given by the person to whom the information was sent;
c) circumstances of obtaining the consent (e.g. the form on the site, a printed consent);
d) IP of the record in the base;
e) the Licensee’s statement in connection with the Mailing the content of which is to be agreed with the Licensor.
- A Licensee being a Publisher declares that they/it are/is aware that the burden of proving the collection of all the consents required by law concerning sending of commercial information by electronic means rests with them/it.
- If the provisions of the clauses within this paragraph (IV. Rights and responsibilities of the Licensee) are not observed, the Licensor has the right to:
a) terminate the agreement concluded with the Licensee with immediate effect;
b) charge the Licensee with the costs borne in connection with the pursue of claims against the Licensee by a third party or in connection with the losses suffered by the Licensor;
c) withhold the commission payment in the case of a Licensee who/which is a Publisher.
V. AFFILIATION PROGRAM
- Based on the provisions of these Rules and Regulations, the Licensor anticipates the possibility of cooperation with the Licensee under the principles described below.
- If the Licensee wishes to establish cooperation with the Licensor in the scope described below, the Licensee shall receive the status of a Publisher. By establishing cooperation with the Licensor under the conditions described in the Rules and Regulations, the Licensee agrees to conclude an agreement under the principles described in the Rules and Regulations, in particular in clause 31–67. Conclusion of an agreement under the conditions described in the Rules and Regulations is necessary to pay the remuneration due within the Affiliation Program.
- The Affiliation Program may be changed or ended any time.
- The Licensor shall enable the Publisher to send additional advertising Mailings beside the mandatory Mailing during the month.
- The Licensor shall provide Mailing Creations for additional advertising Mailings. They shall be made available to the Publisher on the Licensee’s Account maintained in the Application.
- The Licensor shall provide Traffic statistics, which serve as the basis for calculating the Publisher’s remuneration for completed advertising campaigns. They shall be made available to the Publisher online, in the Application.
- The Publisher declares that all of the Publisher’s identification data and the data of the site specified in the Application are complete and comply with the provisions in force.
- A Publisher running the business activity is obliged to provide the full firm name, number of the entry in the business activity register, seat address and correspondence address (if different than the seat address), NIP [tax ID No.] and REGON [firm ID No.] as well as the name of the person authorized to represent that Publisher. The Publisher shall be obliged to provide a part of the abovementioned data on the Application Account and another part on the VAT invoice.
- A Publisher not running the business activity is obliged to provide their full name, address of residence and permanent address (if different than the address of residence), PESEL [population register No.] and NIP [tax ID No.] as well as send a copy of the identity card sides/pages allowing the Licensor to identify that person. The Publisher shall be obliged to provide a part of the abovementioned data on the Application Account.
- The Publisher obliges not to generate Artificial Traffic to the Advertisers’ sites or contribute to the generation of such traffic in any way.
- The Publisher is entitled to remuneration for the participation in the Affiliation Program. The Publisher’s remuneration is the amount due within the Affiliation Program plus the value added tax (VAT) due. The amount due shall be paid to Publishers after they log in to their Application Accounts in the advertising Mailing/payments section. The Publisher is obliged to provide detailed data of their/its bank account (including name of the bank and its branch, branch No. and the Publisher’s bank account No.) in the Application.
- Remuneration shall be paid electronically based on the invoices, bills or other documents issued by the Publisher and sent to the Licensor till the 10th day of each month. Payment for a given month is made to the Publisher’s bank account after the 15th day of the next month and only in the case where the Publisher’s remuneration amount for the last month or several settlement periods equals at least PLN 50.00 (fifty Polish zlotys), subject to the provisions of the next sentence. The Publisher shall receive their/its remuneration due if the Advertisers pay the Licensor for the transactions for the completion of which the Publisher is to receive remuneration. If the amount for a given settlement period does not exceed the assumed minimal amount, it shall automatically be added to the amount due for the next month. Each remuneration due to the Publisher for the completed Mailing shall be stated on the Account maintained for that Publisher in the Application. In order to receive remuneration, the Publisher has to accept the provisions of the Rules and Regulations.
- A Publisher being an entrepreneur as defined in the Polish Act on the freedom of business activity shall attach the following to the first invoice or bill sent to the Licensor:
– a copy of the entry in the business activity register or the National Court Register (KRS);
– a decision on assigning a tax identification number (NIP);
– a confirmation of registering the Publisher as a value added tax payer (for active VAT payers) or a statement that the Publisher is not a registered active VAT payer (for Publishers exempt from VAT).
- A Publisher not being an entrepreneur as defined in the Polish Act on the freedom of business activity shall attach the following to the first bill sent to the Licensor:
– a statement that they do not run the business activity (using the template made available in the Application);
– a statement that they are not a registered VAT payer (using the template made available in the Application).
- The provisions of these Rules and Regulations do not establish a company or an employer – employee relationship between the Licensor and the Publisher and should not be treated as such.
- The Licensor is obliged to add up the individual settlement periods and make settlements with the Publishers.
- The Affiliation Program agreement is concluded by and between the Publisher and the Licensor as of the day the Publisher accepts the provisions of these Rules and Regulations and obtains the status of a Publisher.
- The Publisher acquires no claims toward the Licensor beside the right to receive the remuneration described in these Rules and Regulations. Paying the Publisher remuneration by the Licensor constitutes the Licensor’s sole obligation toward the Publisher.
VI. FINAL PROVISIONS
- The Licensor may change the Rules and Regulations any time without stating the reason.
- The Licensee shall be informed about the changes to the Rules and Regulations via their modified version published on the Internet at www.inis.pl.
- The Licensee is obliged to familiarize themselves with the content of the changed Rules and Regulations and accept them if the Licensee wishes to continue using the Application.
- If the Licensee does not accept the modified Rules and Regulations, the Licensee has the right to quit Application use.
- All the provisions of the Rules and Regulations are binding and remain in force until any of them is declared invalid by a final court decision.