Company Name: SWTE Group Kft
Registered Office: 2724 Úlengyel, 12 Határ Road
VAT Number: 26095587-2-13
hereinafter referred to as Operator
and Partner, together referred to as Parties, with the following terms and conditions:
1. The subject matter of the Agreement
The Parties agree that in return for a commission, the Partner shall promote the Operator’s digital products (hereinafter: Product) available for purchase on the https://wp-shifty.com website (hereinafter: the Website).
The rate of the default commission shall be 40%, which shall be credited to the Partner after each successful sale. A successful sale shall mean every sale that results in the payment of the full price of the Product to the Operator via one of the payment methods provided by the Operator.
Operator can exclude products from the Affiliate program, after these sales the Partner won’t be credited.
The amount of the commission shall be calculated based on the net amount paid by the buyer and received by the Operator. The Parties agree that taxes and fees incurred during the sale and paid by the buyer (including but not limited to VAT, bank fees and other fees) shall not form the basis of the commission.
The calculation and tracking of the commission shall be made by a software (hereinafter: Affiliate system), and the Parties agree that in all cases, the data in the Affiliate system shall be the only relevant and applicable data.
The Parties agree that the price of the Products shall be determined exclusively by the Operator at its sole discretion. The Partner acknowledges that the Operator may, from time to time, provide promotional prices to its buyers, which, in accordance with the provisions of the previous section, may lower the amount of the commission as well.
Given that the Operator provides a 14-day right of withdrawal with all its products, the Parties agree that all sales in which the buyers exercise their right of withdrawal shall be subsequently considered invalid. In such cases the amount of the commission shall be reversed.
The Parties agree that in cases of payment refunds for any cause (including but not limited to unauthorized credit card use), the commission paid for refunded sales shall be reversed.
The Operator, based on its risk-analysis, reserves the right to withhold commissions resulting from sales it deems fraudulent for as many as 181 days from the day of the sale. Parties agree that transactions considered at risk are inherent to online sales, thus, the Partner cannot claim default interest on withheld commissions nor other claims for compensation from the Operator.
The Parties agree that the method of risk analysis employed by the Operator constitutes a business secret.
The Operator shall pay the commission against an invoice via PayPal or other payment method agreed to by the Parties, until the 10th of the month following the month in which the sale took place. The minimum payable amount is 1 EUR. The earnings expire after 6 months. If Partner does not withdraw earnings within this period, these earnings will expire and be removed from your account.
The Partner agrees that it shall not issue an invoice for unpaid commissions that were reversed. The Operator is entitled to recover from the Partner commissions that were paid, but later reversed and the Partner must refund the amount of the commission within 15 days. The method of refund shall be the same as the method of payment of he commission.
Commissions shall be calculated and paid in Euros. Fees incurred with the payment shall be supported by the Partner, following the prior notification by the Operator, and such fees shall not exceed the amount of the commission owed by the Operator. Conversion and bank charges incurred by the Partner shall be borne by the Partner.
3. Entry into force
This Agreement shall enter into force on the date on which it is signed, and shall be concluded for an indefinite period.
The Operator reserves the right to unilaterally terminate the agreement without giving reason. In case of unilateral termination by the Operator, the notice period shall be 30 days.
Commissions arising during the notice period shall be calculated and paid in accordance with the normal course of business.
4. Other provisions
The Partner agrees that it cannot claim any compensation from the Operator, including but not limited to indirect or consequential damage, forgone earnings or profit.
The Partner agrees that costs incurred during the promoting of the Products shall be borne by him and these costs cannot be transferred to the Operator.
The Operator reserves the right to suspend or to terminate the Affiliate program. In case of suspension or termination, the Operator shall be obligated to notify the Partner 30 days prior to suspension or termination.
The Operator shall not be obligated to comply with the notification obligation described in the previous paragraph if the suspension of the Affiliate program is due to a technical problem, force majeure, prohibition by competent authority, regulatory action, or when the suspension is caused by a third party or when the Operator cannot reasonably be expected to comply with such notification.
The Parties agree that communication — including the method of notification — shall be made via electronic message (e-mail). The Parties agree that they shall ensure the normal functioning of e-mail addresses provided during registration, and messages related to this agreement sent to those addresses shall be deemed as read and delivered in 72 hours after sending.
5. Closing provisions
In case of dispute, the Parties shall attempt to settle the dispute through constructive negotiations.
In matters not regulated by this agreement the governing law shall be that of the Hungarian Civil Code.