Regulations of the Affiliate Program TRADE WARS

As of October 1, 2024

The Affiliate Program Agreement is concluded by joining the Affiliate Program between the Partner and the Organizer (i.e., P2P Management Sp. z. o. o. based in Olsztyn; KRS 0001124264, NIP 7394005424, REGON 529542668) and defines the conditions under which cooperation is conducted. The Regulations are a legal agreement between the Organizer and the Partner, confirming that the Partner has read, understands, and agrees to the terms of these Regulations. If the Partner does not agree to the terms of these Regulations, they should not join the Affiliate Program and accept these provisions.

1. PRELIMINARY PROVISIONS

1. The regulations apply to all Partners.
2. Definitions:
   a. Group – a trading group run by the Organizer on the Discord platform named TRADE WARS;
   b. Registration Form – a form provided by the Organizer, enabling the submission of personal data of an individual who wants to collaborate within the Affiliate Program;
   c. Influencer – a person with a personal brand (personal branding), capable of acquiring Clients through social networks and online platforms;
   d. Civil Code – the act of April 23, 1964 – Civil Code (consolidated text Journal of Laws of 2020, item 2320);
   e. Client – means an individual who has registered using a personalized Affiliate Link containing the Partner’s Identification Number (Partner ID), as well as subscribed to one of the access plans to the Group and made a payment. A Client cannot be a person who was previously a subscriber of the Group;
   f. Affiliate Link – Link leading to the Website, containing the Partner’s Identification Number (Partner ID);
   g. Organizer – P2P Management Sp. z. o. o. based in Olsztyn (KRS 0001124264, NIP 7394005424, REGON 529542668);
   h. Partner – an individual with full capacity to perform legal actions, being a subscriber of the group and participating in the Affiliate Program;
   i. Affiliate Program – The TRADE WARS Affiliate Program managed by the Organizer, which defines cooperation in the field of promotional and advertising activities provided by the Organizer and the Partner.
   j. Regulations – this Regulation;
   k. Website – a website operated by the Organizer at https://www.tradewars.pro, on which the Services are located;
   l. Party – the Organizer or the Partner;
   m. Parties – collectively the Organizer and the Partner;
   n. Agreement – the civil law agreement concluded between the Parties, the subject of which is the Partner’s participation in the Affiliate Program. Unless the Parties agree otherwise, their rights and obligations under the Agreement are regulated by these Regulations;
   o. Service – a service consisting of temporary access to the group, the promotion of which is carried out with the involvement of the Partner under the Agreement.
   p. Personal Data Protection Act – the act of May 10, 2018, on personal data protection (consolidated text Journal of Laws of 2019, item 1781);
   q. GDPR – Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, 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).
3. Partners can only be natural persons, belonging to a group, having full capacity to perform acts in law, who accept the Agreement and the above Terms and Conditions of the Partner Program.
4. The Partner acts on their own behalf, with the consent and on behalf of the Organizer.
5. The regulations define:
   a. rules and procedures related to the Partner Program;
   b. rules and conditions of participation in the Partner Program;
   c. rights and obligations of the Organizer and the Partner related to participation in the Partner Program;
   d. conditions for the protection of personal data processed by the Organizer in connection with the Partner Program.
6. Each Partner is acquainted with the contents of the Regulations at the moment of receiving the Regulations to the Partner’s email address provided during registration.
7. The Partner acquires Clients exclusively through Affiliate Links.
8. The Organizer guarantees the uniqueness of Affiliate Links.
9. The Organizer commits to timely updating of Affiliate Links and monitoring the status of links.
10. The Affiliate Program is closed – it is intended for a strictly defined group of recipients.

2. PARTICIPATION RULES

1. The Partner may apply for participation in the Affiliate Program via the Website by filling out and submitting the Registration Form.
2. The Partner is required to indicate the following personal data in the Registration Form:
   a. first and last name;
   b. PESEL number;
   c. bank account number – maintained by a bank registered in the territory of Poland;
   d. email address.
3. During registration, the Partner confirms their acquaintance with and accepts these Terms and Conditions and commits to participating in the Affiliate Program under the terms specified therein.
4. To conclude the Agreement and throughout its duration, as well as to participate in the Affiliate Program, it is necessary for the Partner to have a subscription purchased in the group.
5. Individual online accounts necessary for participation in the Affiliate Program and participation in the group will be linked with the personal data entered by the Partner on the Website.
6. The Organizer reserves the right to change prices, conduct and cancel promotional campaigns, and apply unique promotional codes available outside the Website.
7. The Organizer has the right to verify the fulfillment of participation conditions.
8. The Organizer has the right to refuse participation in the Affiliate Program without giving a reason.
9. The Partner is not an employee or representative of the Organizer. The Partner does not have the right to sign any documents on behalf of the Organizer and represent themselves and their activities in the name of the Organizer. The Partner only has the right to present themselves as a member of the Affiliate Program.
   

3. AFFILIATE PROGRAM CONDITIONS

1. The aim of conducting promotional and advertising activities within the Affiliate Program is to increase the number of Customers who will use the Services.
2. Selection by the Customer of the Affiliate Link leading to the Internet page, and the purchase of the Service, if it ends with the Customer successfully using the Service, increases the commission earned by the Partner.
3. In the case of the Customer using the Affiliate Link, the Organizer grants the Customer a discount of 10% on the selected Service.
4. Subscription renewal by the Customer results each time in the calculation of an additional 10% discount, provided that the Customer maintains the continuity of the subscription.
5. Using the Affiliate Link, the Customer can make payments exclusively through:
   a. Stripe payment platform;
   b. ZEN payment platform;
   c. TPay payment platform;
   d. Coinbase Commerce payment platform;
   e. Coingate payment platform.
6. The Partner is not entitled to a commission if the Customer acquired through the Affiliate Link, had previously purchased Services directly on the website or through another channel of the Organizer, or if the Customer had previously chosen a link or was reported by another Partner and this is reflected in the data codes of the Organizer.
7. The Organizer reserves the right to make changes to the Affiliate Program or to change the basic parameters of the Affiliate Program, for important reasons or reasons beyond the control of the Organizer. In such a case, the Partner will be notified immediately through a message on the group, electronically, or via the platform where the Partner’s individual online account is located. The indicated changes cannot be the basis for any claims against the Organizer.

4. REMUNERATION

1. The Partner is remunerated only for the purchase of subscriptions to the group by Customers referred by him/her using the Affiliate Link.
2. The amount of remuneration for the Partner is 10% of the value of the payment made by the Customer.
3. The remuneration is calculated within 30 days from the moment of collecting the fee from the Customer.
4. The Partner is entitled to the commission rates valid on the day of the transaction.
5. The Partner’s account status containing the total due commissions is located on the Partner’s individual online account.
6. The commission is paid out in Polish currency (PLN).
7. Payment is made in the form of a transfer to the Partner’s bank account held by a bank registered in the territory of Poland no more often than once a month, at intervals of at least 30 days.
8. Payments will be made by transfer to a bank account, held by a bank registered in Poland, which was specified by the Partner during the completion of the Registration Form. Changing the bank account requires an appropriate declaration to the Agreement. The signed Declaration should be sent to the Organizer’s address.
9. To withdraw the Commission, the Partner issues an invoice generated in the Partner’s individual internet account for the appropriate amount.
10. The Organizer is not responsible for errors or delays in paying commissions if the Partner’s data has not been provided correctly.
11. The Organizer is not responsible for improper indication of the bank account by the Partner, nor does it bear the costs of incorrect transfer or interbank fees.
12. The Organizer reserves the right not to pay the commission to the Partner in the event that there is suspicion that they are acting contrary to the Regulations.
13. The Commission constitutes the Partner’s income obtained in connection with premium sales, which is exempt from taxation under Article 21(1)(68) of the Act of 26 July 1991 on personal income tax (Journal of Laws of 2021, item 868). The exemption does not apply to commissions received by the Partner in connection with their non-agricultural business activity, constituting income from this activity, which the Partner is obliged to settle according to the tax rules applicable to them.
14. In the case of a request by the Partner for the payment of Commission exceeding PLN 2,000.00 (in words: two thousand zlotys) in a given calendar month, the Partner is obliged to classify the commission as income from other sources, within the meaning of Article 10(1)(9) of the Act of 26 July 1991 on personal income tax. Accordingly to Article 45(1) of the said Act, the income should be shown in the declaration of the amount of income earned (loss incurred) on the PIT36 form submitted for the given tax year (year of income), as income from other sources (sample of filling out the PIT form below). This income will therefore be subject to taxation – together with the other incomes earned by the Partner – according to the tax scale specified in Article 27(1) of the said Act. At the same time, it should be noted that in relation to this type of income, during the tax year, the Organizer is not under a statutory obligation to pay advance payments on personal income tax.

5. INFLUENCER AGREEMENT

1. Influencer can enter into an Influencer Agreement with the Organizer, through individual negotiations, in which the amount of remuneration will be determined depending on the direct success of his advertising campaigns.
2. In each separate case, the amount of remuneration is determined based on the type of paid activity and the rate offered for it by the Organizer at the time of its execution by the Influencer. The Organizer has the right to change its rates, but new rates do not apply to actions already performed.
3. Influencer or Organizer undertake not to disclose the contents of the negotiations and the provisions of the Influencer Agreement, including commercial information, data on business activities and operations, trade secrets, and all other information explicitly marked as confidential, especially all mentioned information concerning the contractors or partners of the other party

6. LIABILITY

1. The Partner is responsible for all materials that appear on their pages or in their promotional materials. The Organizer is not responsible for the content regarding any aspect of its products published outside the Group and the Website.
2. The Organizer is not responsible for any damage or inability to use the Affiliate Program caused by:
   a. providing false information in the Registration Form, including a faulty email address or an address that the Partner does not have access to;
   b. force majeure, i.e., an external event independent of the Organizer, as mentioned in §8, preventing the fulfillment of obligations arising from the Affiliate Program;
   c. the activity of third parties;
   d. failure to meet the requirements set out in the Regulations;
   e. improper functioning of the Partner’s devices, resulting in the inability to participate in the Affiliate Program.
3. If the Partner refers to the purchase price of the Service in their materials, they are obliged to update it regularly to the actual state according to the current price list on the Website.
4. The Partner is obliged to be familiar with the legal regulations concerning advertising and electronic service provision.
5. The Partner may not promote the Service on sites that break the law, on sites with pornographic materials, illegal software, illegal music, or others whose content or form may harm the good name of the Organizer.
6. The Partner is obliged to formulate all communications regarding the Services presented as part of the Affiliate Program (especially when corresponding with potential Clients) in a way that leaves no doubt that the content of these communications comes from the Partner, not directly from the Organizer.
7. The Partner commits not to promote Services on discussion groups, forums, and other public places they do not own in a manner inconsistent with the rules of such a place or causing justified opposition from its participants or owners.
8. The Partner will carefully promote the Group in accordance with its purpose, paying particular attention to the accuracy of the information they present.
9. The Partner will not promise any potential Client Services other than those provided by the Organizer.

7. DEACTIVATION OF THE PARTNER’S ACCOUNT

1. Non-compliance with the rules of the above Regulations will result in the deactivation of the Partner’s individual internet account.
2. Any actions taken by the Partner that are deemed by the Organizer as harmful to sales results and its good name constitute grounds for termination of the contract without notice and immediate deactivation of the Partner’s account.
3. The Partner’s resignation from the subscription of the Group results in the deactivation of the individual internet account.
4. No new funds are credited to the deactivated individual internet account.
5. The Partner may terminate cooperation in the Affiliate Program by sending a request to the Organizer in documentary form under the penalty of nullity concerning account deactivation. Otherwise, the Partner’s account remains valid for 3 years from the beginning of the cooperation by the Partner.

8. RESOLUTION AND WITHDRAWAL FROM THE AGREEMENT

1. The Organizer may withdraw from the Agreement with the Partner at any time without giving any reason.
2. To withdraw, it is necessary to notify the Partner of the withdrawal in any documentary form (registered letter/email/message on the Group).
3. Withdrawal of consents given by the Partner in the course of using the Affiliate Program, and required for its use, is equivalent to preventing the Organizer from performing the contractual obligations to which the consent relates.
4. The Organizer has the right to terminate the Agreement at any time with immediate effect. Termination of the agreement is synonymous with the deletion of the Account.
5. If the agreement between the Organizer and the Partner has been terminated by the Party, re-registration by the Partner requires the prior consent of the Organizer.

9. COMPLAINTS

1. Complaints related to problems with participation in the Affiliate Program can be reported to the Organizer using the Organizer’s email or sent to the address of the Organizer’s company headquarters.
2. Each complaint should include:
   a. Partner’s data and the email address used during registration;
   b. a detailed description of the problem;
   c. Partner’s expectations.
3. The Organizer is obliged to respond to the Partner’s complaint within 30 days from the day of its receipt.
4. Consideration of the complaint will consist in indicating whether the problems with the Affiliate Program arose from reasons on the Organizer’s side, or from other entities; if it will be possible (without incurring costs for the Organizer) to determine this, the Organizer will indicate these other reasons.
5. Complaints can only concern submissions that were made no more than 6 months ago. The Organizer’s position will be final, which does not infringe on the Partner’s right to pursue their claims in a manner other than through the complaint procedure.

10. FORCE MAJEURE

1. The Organizer will be relieved from liability for failure to perform or improper performance of obligations, if the failure to perform or improper performance of the obligation was due to Force Majeure as understood in the Civil Code, or is related to illness or other unforeseen events independent of the Organizer.
2. Force Majeure is understood as a sudden, unpredictable event independent of the Organizer’s will, preventing the performance of the Contract permanently or for a certain time, which cannot be prevented or countered with due diligence, in particular riots, disturbances, unrests, strikes, lockouts involving persons other than the Organizer’s employees, consequences of the introduction of an epidemiological state to the extent that they prevent the implementation of the subject of the contract, etc.
3. If the circumstances referred to in para. 1 will prevent the Organizer from fulfilling any obligation, he will inform the Partner about these circumstances, listing the obligations that he cannot or will not be able to fulfill. The notification should take place within 14 days after the day on which the Organizer learned or should have learned about the relevant circumstances. After such notification, the Organizer will be justified in not fulfilling the obligations for as long as the specified circumstances constitute an obstacle

11. PERSONAL DATA PROTECTION

1. Personal data are processed in accordance with the provisions of the GDPR and the ODO Act.
2. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Organizer. Providing personal data is voluntary.
3. Supervision over the proper processing of Partners’ personal data is exercised by the Personal Data Inspector (hereinafter “Inspector”). The Partner may contact the Inspector in all matters related to the processing of personal data, also in case of doubts about their rights. The Inspector is Trade Wars – email: kontakt@tradewars.pl.
4. The Partner’s personal data are processed for purposes arising from legally justified interests pursued by which means in particular:
   a. implementation of the Partner Program and transfer of commission remuneration;
   b. consideration of complaints submitted by the Partner;
   c. defense against claims.
5. The legal basis for the processing of personal data by the Organizer for the purpose indicated in para. 4 above is:
   a. the legally justified interest of the Organizer (in accordance with Art. 6. para. 1 point f of GDPR), in order to handle complaints submitted by the Partner;
   b. the legally justified interest of the Organizer (in accordance with Art. 6. para. 1 point f of GDPR) – for the purpose of service, investigation and defense in case of mutual claims.
6. The personal data of the Partner may be disclosed by the Organizer to entities cooperating with it based on data processing outsourcing agreements, in accordance with the applicable data protection laws, in particular to entities providing accounting and archiving services.
7. The personal data of the Partner is processed for the duration of the Affiliate Program, as well as until the expiry of mutual claims arising from the Affiliate Program.
8. The Partner has the right to request from the Organizer access to the provided personal data, their correction, e.g., when they are incorrect or incomplete, as well as their deletion or limitation of processing, and also the right to object to the processing of data and the right to transfer data to another administrator.
9. The Partner has the right to file a complaint with the supervisory authority.
10. The provision of personal data by the Partner is necessary for the handling of the complaint process. Refusal to provide personal data by the Partner will prevent the implementation of complaints submitted by the Partner.
11. The Customer’s personal data during the electronic payment process is processed by the PayU or PayPal operator.

12. FINAL PROVISIONS

1. The Regulations are valid for an indefinite period.
2. These Regulations are binding on the Partner and the Organizer from the day the Partner submits the Registration Form until the Organizer completes all activities related to the Affiliate Program.
3. The Partner undertakes to participate in the Affiliate Program in accordance with the laws in force in Poland, the principles of social coexistence, the provisions of these Regulations, and the adopted customs, in particular, not to violate the rights of other participants of the Affiliate Program.
4. Subject to the applicable legal provisions, including the Civil Code:
   a. unless the Parties agree otherwise, the contract is concluded based on the Regulations, which means that they define their rights and obligations;
   b. if, however, the Parties conclude an agreement that includes provisions contrary to the Regulations, the contractual provisions shall apply – in the scope of such a conflict; in other respects, the Regulations still bind the Parties.
5. The Partner may not, without the prior written consent of the Organiser, transfer the rights and obligations under the Agreement to a third party.
6. The Affiliate is obliged to read the Terms and Conditions before joining the Affiliate Programme and to comply with their provisions.
7. The provisions of the Rules of Procedure may be amended under pain of nullity in documentary form in the same manner as they are established.
8. The Organizer reserves the right to change these Regulations at any time.
   The Organizer will inform about the changes to the Regulations by making them available or sending them to the Partner’s e-mail, which will take place no later than 7 calendar days before the introduction of the amended Regulations. If a Partner participating in the Affiliate Program does not accept the new content of the Regulations, he or she is obliged to notify the Organizer of this fact within 3 days from the date of being informed about the change in the Regulations, which will result in removal from the Affiliate Program. Once the updated Regulations become effective, they will be binding on the Partner in the event of further participation in the Affiliate Program.
9. The partner has an unrestricted right to inspect the Terms and Conditions, which are made available on the group.
10. Any disputes relating to the performance of the Agreement shall be settled by the Polish common courts having jurisdiction over the place of the Organiser’s registered office.
11. The Organiser shall not be liable for any temporary suspension of the availability of the Website/Group in the event of maintenance, inspection, replacement of equipment or in connection with the need to upgrade or expand the Website/Group.
12. All advertising material relating to the Services is for information purposes only, the provisions of these Terms and Conditions are binding.
13. The Regulations enter into force immediately from the date of their announcement.