Art. 1 General Provisions
1. The present Regulations constitute a standard contract and determine conditions, rules and a way of supplying the partnership program by the Service Provider. Reading and approval of provisions of this Regulations are conditions for the supply of a Service.
2. CET (Central European Time) is the adequate time for the Service Provider.
3. The Regulations are in force since 8th May 2017.
4. Terms used in the Regulations should be understood in the following manner:
a) Partner - a legal person or a natural person conducting business activity (entrepreneur), or a natural person not conducting business activity who has registered in the Program (consumer),
b) Account - a collection of resources and settings saved in a database of the Service Provider which is accessible after logging into the Application,
c) Application - a system working at new.landingi.com and available through the Internet,
d) Customer - an Internet User who set up an Account as a consequence of Partner activities and who did not hold any Account before taking actions by the Partner,
e) Landingi / the Service Provider - Landingi LLC based at 6 Witkiewicza Street, postcode 44-100 Gliwice, NIP (Taxpayer Identification Number): 6762461659, REGON (National Business Register Number): 122774425, entered in the register of entrepreneurs at the District Court in Gliwice, 10th Commercial Department of the National Court Register, KRS (National Court Register): 0000449404, with fully paid share capital of PLN 10.950,
f) Program - a program organized by Landingi, intended for Partners, based on principles described in the Regulations and relying on expanding the Landingi’s client base.
g) Commission Plan - commission for the Partner and a discount for the Customer which were selected by the Partner at the moment of registration,
h) The Regulations - denote the present Regulations,
i) Commission - amount calculated for the Partner in case of Account registration and payment for it made by the Customer,
j) PayPal - PayPal (Europe) S.à r.l. ét Cie, S.C.A. (R.C.S. Luxembourg B 118 349) - an external payment channel that is independent of the Service Provider and via which commission payment in favor of the Partner is made on principles determined both in the Regulations and on the website https://www.paypal.com/pl/webapps/mpp/ua/useragreement-full?locale.x=pl_PL
k) Cookies - small pieces of text information sent from www by a server and stored on the side of the Partner or the Customer,
l) Agreement - a legal relationship which arises between Landingi and the Partner within the framework of the present Regulations.
m) Google Ads - is an online advertising platform developed by Google, where advertisers pay to display brief advertisements, service offerings, product listings, video content, and generate mobile application installs within the Google ad network to web users. Google Ads policies can be found here: https://support.google.com/adspolicy/answer/6008942?hl=en
n) Microsoft Advertising - is a service that provides pay per click advertising on both the Bing and Yahoo! search engines. Microsoft Advertising Agreement can be found here: https://about.ads.microsoft.com/en-us/resources/policies/microsoft-advertising-agreement
Art. 2 Accession to the Program
1. In order to conclude the Agreement everyone interested in participation in the Program should log into their Account in the Application, complete a form, select a Commission Plan and accept the Regulations accessible at the address http://affiliate-program.landingi.com/terms.
2. It is assumed that:
a) The Agreement is being entered on this day in which a person entering the Program accepted the Regulations.
b) The Polish law is the proper law of the Agreement.
c) Data of the Partner is saved into the Account and in case of changing data the Partner changes it immediately.
d) Within the framework of participation in the Program the Partner receives non exclusive right to promote the Application with the aid of advertising materials and a referral link which were made available to that end for the Partner by Landingi.
e) For the duration of the Agreement, a place on a panel is made available for the Partner after logging into the Account. The Partner can review statistics on recommended Accounts and manage payments of the Program with the aid of the panel. That panel for managing the Program can be turned off after expiration of the Agreement (regardless of causes of the agreement’s expiration).
3. Landingi reserves itself the right to refuse admission to the Program without giving a reason.
Art. 3 Operation of the Program
1. In the event that an Internet user will come to https://new.landingi.com using a link generated by the Partner, the Internet user will be marked with a Partner identifier and appropriate information will be saved in a cookie file on an Internet user’s computer. Thereupon the Internet user will be assigned to the Partner:
a. until expiration of a cookie file; the validity time is 365 days, or
b. up to the moment when the Internet user will come to https://new.landingi.com using a link generated by another Partner (then the Internet user will be assigned to the new Partner).
2. In the moment when the Internet user marked with the Partner identifier will set up the Account on Landingi and makes a payment in favor of Landingi such the User becomes the Customer and then the Partner is entitled to commissions on payments made by the Customer.
3. The Partner is obliged to observe the Regulations as well as to refrain from:
a) sending out mass information about the Application (so-called spam) to Internet users with the aid of any channel of communication (email, newsgroups, communicators),
b) putting information about the Application on “chain letter” websites
c) putting unsolicited commercial information with referring to the Application.
d) using landingi.com domain along with all its subdomains in advertising activities using the Google Ads and Microsoft Advertising systems
e) using the word "landingi" in keywords used in the Google Ads and Microsoft Advertising campaigns.
f) granting a discount for subscribing to a Landing account for personal use for an account set up with an email address different from the one used when registering in the affiliate program.
Art. 4 Commission
1. The Partner has to select whether the commission is supposed to be paid to them within conducting a business activity (a company) or as a natural person.
2. The payment of commission is made differently depending on selection.
3. The partner receives commission according to the chosen commission plan i.e. from the net revenue which was generated by the Customer according to the price list available at http://landingi.pl/cennik . In case of VAT payers the commission will be increased by the due value added tax. Services not included in this price list cannot constitute a basis for partnership accounts unless the parties will decide differently by separate agreement.
4. In case of payment by the Customer for using the Application for a period longer than month, the commission will be calculated in monthly intervals and proportionally to the number of months which it was paid for.
5. The partner can select one of three commission plans:
a) 0% of the commission for the Partner and 30% of the discount for the Customer,
b) 15% of the commission for the Partner and 15% of the discount for the Customer,
c) 30% of the commission for the Partner and 0% of the discount for the Customer.
6. The commission is being paid if in the Partner’s account will be gathered amount at least USD 35.
7. In the event that the customer will choose the commission plan which is being talked about in Sec. 5 points b and c and then the Customer will terminate the agreement for using the Application for the reasons independent on the Customer or independent of Landingi; then Landingi have the right for proportionally reduce the amount of commission, or automatic withdrawal of the amount corresponding to the amount of commission paid to the Partner from the account of the Partner (if the commission on the sale was being paid for the Partner). The commission can also be proportionally reduced at next choice of the commission plan and its realization.
8. The partner cannot demand the commission when the customer withdrew from a conclusion of an agreement for access to the Application. The partner cannot also demand the commission if for other reasons beyond Landingi control the agreement with the Client was not carried out.
9. Disbursement of funds depends on a correctly completed form for withdrawals as well as on delivering an accounting document.
a) The Partner being a registered active VAT taxpayer is obliged to deliver a VAT invoice via email to the address: firstname.lastname@example.org
b) The Partner being a legal person or a natural person conducting a business activity but not being an active VAT taxpayer is obliged to deliver the account via email to the address: email@example.com
10. In case of natural persons not conducting business activity but being Polish citizens, giving the following data in a form for withdrawals is a basis for payments:
c) country of residence;
d) email address;
e) address (including the zip code, the province, the district and the commune);
f) personal ID Number (PESEL);
g) name of the tax office (Landingi will send a PIT-8C form, which contains information about the income from other sources, to the tax office);
h) an account number or a PayPal account email address.
11. In case of legal persons or natural persons conducting a business activity, giving the following data in a form for withdrawals is a basis for payments:
a) An account number or a PayPal account email address, full name and address.
12. In other cases the amount due is being paid on a Paypal account. In order to make a payment, the Partner has to give us a PayPal account email address, full name and address.
13. The partner is always required to provide only true payment details.
14. Partners are obliged on their own and on one's own account to make proper settling accounts in respect of tax obligations associated with reaching incomes based on these Regulations. Landingi is in no way responsible for the Partners that not fulfill their duties prescribed by fiscal law or fulfill them improperly.
Art. 5 Final Provisions
1. Before the accession to the program, the Service Provider makes the content of the Regulations available on the website http://affiliate-program.landingi.com/terms as well as sends them the content of the Regulations on a durable medium. The Regulations can be shown in another way on an individual demand of a person having problems with displaying or reading the Regulations. You should contact the department of the technical assistance to that end.
2. The Service Provider reserves itself the right to implement amendments to the Regulations. Each document is denoted with a date from which its provisions are in force.
3. The User will be informed about each significant change in terms of the Agreement at least 14 days prior to the planned entry into force of new regulations. The Service Provider will send an appropriate message in the form of a notification in the Application or/and to the Partner’s email address. In case of changes concerning the Commission, each new regulations come into force only after the payment of the Commission carried out in accordance with the Regulations.
4. In the above-mentioned case, the partner has the right to dissolve the Agreement until new regulations are planned to enter into force. Not reporting desires to dissolve the agreement or not cancellation of it until then is considered as the Partner consent to carry out the agreement on principles consistent with the new regulations.
5. The change of the scope or/and the type of the Program not violating the Regulations does not constitute the substantial change of terms of the Agreement. The change of the commission constitutes the substantial change of terms of the Agreement but is coming into force only after the payment of the Commission based on the Regulations - the new commission is being processed according to new regulations.
6. In case when any third-party notices any breaking of law that third party is obliged to contact the technical department and sending a reliable message or an official notice concerning the illegal character of action taken by the Partner.
7. Any matters which have not been provided for the Regulations shall be subject to the adequate regulations of the Polish law or/and relevant provisions being in force in the consumer’s place of residence.
8. In case of the change and/or annulment of any of provisions of the Regulations as a result of the valid sentence of the court, the other provisions of the Regulations still remain in effect.
9. The Service Provider is informing about readiness to resolve disputes in settlement procedures, including vindication of claims in out-of-court proceedings (ADR - Alternative Dispute Proceedings).
10. All disputable cases between the Service Provider and the Partner, for whom payments are made to the company’s account, will be settled by a locally competent court for the place of residence of the Service Provider.
11. The Partner can be removed from the Program in case of stating circumstances or justified suspicions in relation to:
a. giving false data during the Registration process,
b. misinforming other persons with a view to achieving personal benefits,
c. non-payment of the contractual commitment resulting from the return described in Art. 4 point 7.
d. acting to the detriment of Landingi.
12. In case of removing the Partner from the Program through the Partner’s fault, Landingi reserves itself the right to stop payments from the Program.
13. Landingi reserves the right to close the Affiliate Program as a whole without giving any reason.
14. These regulations do not relieve the Partner from a duty to observation of the general regulations of the Application and other obligations as the Partner is obliged by operation of law and by means of agreements to observance of all obligations.