of cooperation and the commission system of the online server located at the internet address: www.mitochondriak.com
The provider of the commission system is:
Bank account (IBAN) EUR: SK9383300000002002546153
(hereinafter referred to as the "Provider")
1.1 These terms and conditions regulate the rights and obligations of the contracting parties: a) arising in connection with the 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 or expressing consent to registration in the commission system, both the Partner and the Provider express their agreement with these terms and conditions, and both parties undertake to abide by these terms and conditions.
1.3 In matters not governed by these terms and conditions, the relationship between the Partner and the Provider is governed by the applicable legal regulations, especially § 51 of Act No. 40/1964 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: 28777000, VAT ID: CZ28777000.
2.1 The cooperation agreement is any agreement concluded under these terms and conditions between the Provider and the Partner, the purpose of which is the promotion of goods, services, or activities of the Provider. The specific scope of promotion, the amount of commission, and any further details are published by the Provider on their web interface. The cooperation agreement is concluded electronically by the Partner accepting the cooperation terms proposed by the Provider by clicking the confirmation button in the commission system. The cooperation agreement is not a mandate contract nor a commercial representation agreement.
2.2 A campaign determines the scope of marketing and other activities that the Provider further defines in the commission system and offers to the Partner for promotion. A campaign mainly refers to which goods, services, or web pages of the Provider are to be promoted through the commission system. Detailed conditions of the campaign or group of campaigns are described in the commission system.
2.3 A conversion is an action of a Visitor that is the goal of the campaign. A conversion mainly means the completion of the purchase of goods or services of the Provider. A visitor becomes a customer of the Provider through conversion.
2.4 Methods of promotion are marketing and similar activities of the Partner by which the Partner promotes the goods or services of the Provider. Methods of promotion mainly include: a) placement of advertising content (mainly banners) on the Partner’s web pages; b) providing references to the Provider’s goods or services via blogs, discussion forums, or articles (provided the rules of such blogs or forums allow this activity); c) sending emails about the Provider’s goods or services to persons who have given proper consent to such marketing in accordance with legal regulations; d) linking to the Provider’s goods or services via social networks.
2.5 A Visitor is a person who visits the Provider’s web pages based on the activities carried out by the Partner using permitted methods of promotion.
2.6 The Partner is a natural person over eighteen years of age or a legal entity who participates in the Provider’s commission system based on registration.
2.7 A commission link is a unique link assigned to the Partner within the commission system. The Partner is entitled to a commission only if their commission link was used when making an approved conversion.
2.8 A commission account is 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 mainly regarding the number of visitors, orders, and their status.
2.9 An approved conversion is a conversion in which the customer duly and fully pays for the goods or services.
2.10 The Provider's web pages are the Provider’s pages located at www.mitochondriak.com.
2.11 A customer is a person who places a binding order for goods or services or other performance on the Provider’s web pages.
3.1 Participation in the commission system arises through the Partner’s registration or the Partner’s expression of consent to registration in the commission system.
3.2 Within the commission system, the Partner promotes the Provider’s services or goods on the basis of the cooperation agreement using the methods of promotion.
3.3 The Partner is fully liable for all damages caused by their actions in violation of these terms and/or the laws of the Slovak Republic to the Provider, other users of the Provider’s web pages, or third parties.
3.4 The Partner is responsible to the Provider for the accuracy and completeness of the data provided during registration. In the event of any changes to the provided data, the Partner is obliged to inform the Provider without delay. The Provider is not liable for any damages incurred by the Partner due to the failure to notify changes in the data.
4.1 The Partner is obliged to ensure that their activities do not damage or endanger the good name and reputation of the Provider or the goods and services offered by them.
4.2 The Partner may not promote the Provider’s goods or services on web pages whose content may in any way violate the laws of the Slovak Republic or good morals. In particular, this concerns web pages with pornographic or illegal content and web pages that violate intellectual property rights or promote such activities.
4.3 The Partner or their family members or persons acting in concert with the Partner may not order goods or services from the Provider using the Partner’s own commission link. If this occurs, the Partner’s right to a commission from such conversions lapses. If such actions cause damage to the Provider, the Partner is obliged to fully compensate the Provider for such damage.
4.4 The Partner is obliged to protect their access data to their commission account from misuse by third parties. The Provider is not liable for any damages incurred by the Partner due to such misuse.
4.5 The Partner is entitled to use for the promotion of the Provider all text and image materials that are the result of the Provider’s creative activity or for which the Provider holds a valid license, and which are provided or made available to the Partner for this purpose by the Provider or in the commission system. Without prior consent of the Provider, the Partner is not entitled to use the provided materials for purposes other than the campaign.
4.6 The Partner may not, without the Provider’s prior consent, alter in any way the HTML codes, graphic appearance, or content of advertising spaces (e.g., banners) provided by the Provider for use within the campaign.
4.7 The Partner is obliged to ensure that, within the chosen methods of promotion, no unfair increase in the number of views of the Provider’s advertising spaces occurs through programs, scripts, reloading banners, or other means.
4.8 The Partner undertakes not to promote the Provider by sending messages (emails, SMS, on discussion forums) that are qualified as SPAM. If the Provider finds such activity of the Partner, the Provider is entitled to withdraw from the cooperation agreement and close the Partner’s commission account. In such a case, the Partner’s right to any unpaid commissions lapses.
4.9 The Provider’s goods or services may not be promoted using PPC campaigns in AdWords, Sklik, or Facebook Ads.
4.10 Banners, texts, and other content placed in the AffilBox application and commission system, including the software of the web interface and commission system, are protected by the copyright of the Provider or AffilBox s.r.o. and may be protected by other third-party rights. 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 other copyright holder. The right to use protected material in accordance with Article 4.5 of these terms is not affected by this provision.
5.1 The Provider undertakes, within the approval of commissions, to regularly approve the Partner’s conversions. The Partner will be informed of the approval of a conversion via their commission account.
5.2 Cookies on customers’ computers are used to obtain information about conversions. The validity of cookies is stated by the Provider in the application interface. The Partner acknowledges and the Provider is not responsible that if a customer disables the use of cookies in their browser or otherwise, it is not possible to assign the conversion to the Partner’s commission link, and no commission is due for such a conversion.
5.3 The Provider is not liable for any damage caused by the promotion of programs involved in the commission system.
5.4 The Provider undertakes to pay the Partner a commission for approved conversions made by them according to Article 6 of these terms and conditions.
5.5 The Provider is entitled to require the Partner to submit for approval promotional emails and other texts the Partner intends to use in the campaign.
5.6 The Provider is entitled to change or supplement these terms and conditions at any time. The rights and obligations of the parties are always governed by the wording 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 email provided by the Partner upon registration. The new wording of the terms and conditions will become effective for the Partner from the time of such notification.
6.1 The amount of commission is stated in the commission system for each campaign separately.
6.2 The commission will always be approved by the Provider without delay after the expiry of the period during which the law or the Provider’s terms and conditions allow the consumer to withdraw from the contract. The approval of conversions is carried out automatically/manually. The Partner will be informed of the approval of the commission via their commission account.
6.3 The commission will 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 is not entitled to a commission for canceled or refunded orders or if the customer withdraws from the contract.
7.1 The Partner is entitled to receive a commission payment if the total of approved commissions in their commission account is higher than the amount stated in the commission system web interface.
7.2 If the commission balance on the Partner’s commission account exceeds the above amount, the Partner may request a commission payment via their commission account.
7.2.1 Based on the Partner’s request, the Partner will be sent a report stating the final amount that the Partner can invoice.
7.2.2 If the Partner cannot make an invoice, their commission will be paid out on the basis of an Intermediary Affiliate contract according to § 744 et seq. of Act No. 40/1964 Coll. Civil Code.
7.3 The due date of an invoice issued by the Partner may not be less than 14 days from its delivery to the Provider. If a shorter period is stated on the invoice, the invoice is due 14 days from delivery.
7.4 The total commission requested by the Partner for payment must correspond to the data in the commission account as of the date on which payment is requested. The Provider is entitled to examine the Partner’s request and the correctness of the stated data. In the event of any discrepancies, the Provider shall notify the Partner of its findings, and the parties undertake to cooperate to resolve the matter. During the resolution of such a matter, the deadlines for payment of commissions are suspended.
7.5 Commission payments are made exclusively by bank transfer in EUR to the Partner’s bank account held with a bank in the Slovak Republic, and the Partner is obliged to provide the Provider with all necessary details to make the payment. Commissions will not be paid in cash, by foreign bank transfer, or by any other means, unless otherwise agreed between the Partner and the Provider.
8.1 If in doubt, especially regarding the accuracy of recorded mediated conversions or approved commissions, the Partner may file an objection with the Provider. In such a case, the Partner is obliged to provide all available data and records related to the objection.
8.2 The Partner has the right to raise objections within 30 days from the date of the occurrence giving rise to the objection. The Provider is not obliged to respond to objections made later.
8.3 Objections must be sent to the Provider in writing, which also includes email sent to the Provider’s contact email. Only objections that are properly delivered to the Provider, are legible, and contain all the information and documents necessary for the Provider to fully assess the objection are considered properly raised.
8.4 The assessment and decision on objections is fully at the discretion of the Provider. Objections are generally handled by the Provider within 30 days of their delivery to the Provider. The Provider’s decision will then be communicated to the Partner.
9.1 The cooperation agreement is concluded for the period specified in the campaign conditions, or for an indefinite period.
9.2 The cooperation agreement may be terminated:
a) By agreement between the Provider and the Partner.
b) By notice from the Provider or the Partner. Notice must be given in writing or by email and delivered to the other contracting party, even without stating reasons. The cooperation agreement terminates on the day of delivery of the notice to the other party.
c) By withdrawal from the cooperation agreement by the Provider. The Provider is entitled to withdraw from the agreement if it is proven that the Partner is acting in breach of these terms and conditions, legal regulations, or good morals. Notice of withdrawal must be given in writing or by email and delivered to the Partner, stating the reason for withdrawal. The cooperation agreement then terminates on the date of delivery of the notice of withdrawal to the Partner. By withdrawal from the cooperation agreement by the Provider, the Partner’s right to any unpaid commissions lapses. If a breach of these terms and conditions or legal regulations causes damage to the Provider, the Partner is obliged to compensate it in full (the amount of damage is not reduced by unpaid commissions).
9.3 Termination of the cooperation agreement does not affect any claims for damages.
9.4 In the event of termination of the cooperation agreement by agreement or notice, the Partner is entitled to request payment of commissions from the Provider to which they were entitled as of the date of termination of the cooperation agreement. The commission will be paid to the Partner no later than 14 days from the date of delivery of the invoice.
The Provider declares that data will be protected in accordance with the relevant provisions of Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of individuals 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 on what personal data we process about you, request access to this data and have it updated or corrected, or request processing restrictions, to data portability and the right to a copy of personal data, request us to delete this personal data – unless it concerns personal data we are obliged or entitled to further process under the relevant legal regulations, lodge a complaint with the Office for Personal Data Protection, and the right to effective judicial protection if you believe your rights under the Regulation have been violated by the processing of your personal data in breach of the Regulation.
10.1 In case the Partner breaches legal regulations when implementing campaigns, the Partner bears sole responsibility for this breach. If the Provider is required to pay financial compensation in connection with such unlawful activity by the Partner, the Provider is entitled to claim reimbursement from the Partner, including the costs of legal representation.
10.2 Partners who have registered for the affiliate program agree to receive email messages that will serve to send news and information related to campaigns in the affiliate program or to the Provider's business activities.
These terms and conditions are valid from 20.01.2025.