Terms and Conditions for the
Zoner Photo Studio Affiliate partner program

Last updated: December 20th, 2018

The contractual conditions laid forth in the Zoner Photo Studio Affiliate partner program below (“CONDITIONS” hereinafter) state all of the conditions for participating in the Zoner Photo Studio Affiliate Partner Program (“APP” hereinafter). Zoner software, a.s. “ZONER” hereinafter) and the AFFILIATE PARTNER become the contractual partners after the partner’s acceptance into the APP. If any part of these conditions cannot be applied (e.g. due to its being unlawful), the parties agree that only that part is invalid, and not the conditions overall.

§ 1 Registration into the Zoner Affiliate Partner Program

  1. Any parties interested in participating in the APP are required to fill out the “Zoner Photo Studio Affiliate Partner Registration” form (“APR” hereinafter) that is available at: https://affiliate.zoner.com/en
  2. Only a legal or physical entity that is fully entitled to take legal actions may register.
  3. By filling out and submitting the APR, the applicant is agreeing to the CONDITIONS.
  4. Within 48 hours (within 2 working days), we will inform you of your acceptance into or rejection from the APP.
  5. Registration cannot be transferred to a third party.

§ 2 AFFILIATE PARTNER Responsibilities

  1. During registration:
    • The AFFILIATE PARTNER guarantees that they provided true information in their registration, in its entirety.
    • If the information for the AFFILIATE PARTNER changes after registration, they must inform ZONER of this immediately.
    • The use of pseudonyms and other means of masking identity is forbidden.
    • The AFFILIATE PARTNER is required to state the national business or organization ID of their business or other organization (if their country has such a system of ID numbers). And any AFFILIATE PARTNER that is required to pay Value Added Tax must state the tax identification number that was assigned to them by the relevant financial office.
  2. When the AFFILIATE PARTNER is using advertising materials from ZONER:
    • ZONER offers the AFFILIATE PARTNER marketing materials in the form of: banners, photos, videos, and text links (summarily called “MM” hereinafter). The MM may be used on the website of the AFFILIATE PARTNER, on their blog, in their emails, and on social networks, and must contain an Affiliate link provided by ZONER. These links serve to identify the AFFILIATE PARTNER, and they lead to the ZONER website. Changes to the graphical materials without ZONER’s prior agreement are forbidden. Any media channels that the AFFILIATE PARTNER wishes to use must be stated during APR registration. The AFFILIATE PARTNER’s website or blog must not contain racist, extremist, pornographic, violent, or otherwise undesirable content in conflict with the law, nor links to such content.
    • The AFFILIATE PARTNER is not entitled to use:
      • False orders – wherein the AFFILIATE PARTNER clicks on the links for promotional materials and makes orders (possibly then canceling them) under their own name or someone else’s name.
      • Ad Hijacking – wherein a copy of ZONER’s advertising is issued under the affiliate’s own account.
      • Typosquatting – wherein the AFFILIATE PARTNER notes that users make a certain typing mistake when entering an address for www.zoner.com. The AFFILIATE PARTNER then registers a “typo domain,” and stores a URL with a link and with a redirect to the www.zoner.com order page there.
      • Adware – any software containing unwanted advertisements, e.g. banners or popup windows, spam, etc.
      • Spyware – illegal software that is installed on a computer automatically and that spies on an infected computer or monitors its user’s activities and sends this information to the spyware’s author.
      • Post-view tracking – the covert opening of links to ZONER in order to store a cookie without a visitor’s having consciously clicked on a link.
      • Forced Clicks – a link where the visitor is forced to click on that link (e.g. so that they can reach the next page in some page sequence).
      • Cookie Dropping (of all types) – the unauthorized storing of a tracking cookie in the visitor’s browser without their having consciously clicked on the link provided by ZONER.
      • Duplication, wherein the AFFILIATE PARTNER copies all or part of the www.zoner.com website or other ZONER pages and thereby creates the impression that these are its official pages.
      • AFFILIATE PARTNER Hopping – the commission for a given order can only be obtained once (it is not possible to e.g. use a tracking cookie for multiple affiliate networks)
      • Any other manipulation techniques whereby the AFFILIATE PARTNER could obtain a commission illegitimately.
    • The AFFILIATE PARTNER is further not entitled to:
      • Run any promotions that could harm ZONER’s reputation.
      • Perform any digital attacks on the Tracking System or the ZONER website. “Digital attack” here means all activities through which one might attempt to bypass or turn off the Tracking System, as well as any spam, malware, viruses, trojans, or other harmful elements.
      • Promote ZONER using any e-mails for which they do not have the recipient’s agreement (i.e. using spam e-mails).
    • The AFFILIATE PARTNER guarantees that they will not act unlawfully in the course of promoting Zoner Photo Studio X. This also includes a guarantee that they will not violate legal regulations surrounding competition, copyright, and trademarks.
    • The AFFILIATE PARTNER may use the MM from ZONER only on the websites and channels that they stated when registering for the APR.
    • The AFFILIATE PARTNER bears responsibility for the administration of their own website. As long as the AFFILIATE PARTNER is using links from ZONER, they are required to keep the MM that ZONER provides them up to date.
    • The AFFILIATE PARTNER is required to immediately remove any promotional materials and links from ZONER if cooperation is terminated.
    • For the commission to be calculated correctly, the AFFILIATE PARTNER must use solely the links that were provided to them by ZONER.

§ 3 Usage Rights

  1. Without the agreement of ZONER, the AFFILIATE PARTNER may not change the appearance, content, or technical aspects of the promotional materials provided.
  2. The provided promotional materials are copyrighted. For the duration of the contract, ZONER permits the AFFILIATE PARTNER to use these materials for free.

§ 4 Exclusion of Liability

  1. The AFFILIATE PARTNER agrees to comply with all of the rules set forth in these CONDITIONS between ZONER and the AFFILIATE PARTNER. The AFFILIATE PARTNER bears full responsibility for any infractions of these conditions and of the law—and especially of any legal regulations on competition, copyright, and trademarks—and other unlawful behavior and possible damages caused. ZONER takes no responsibility for the actions of the AFFILIATE PARTNER. In the case of any infractions, the AFFILIATE PARTNER must pay all costs incurred through the violation of these CONDITIONS and through the unlawful behavior.
  2. ZONER takes no responsibility for the correctness and functionality of the links or of websites, for technical problems, for computer errors, for damage to or loss of information, or for any other errors or damages (e.g. death, harm to health, financial losses, etc.).

§ 5 Calculation and Payment of Commissions

  1. The AFFILIATE PARTNER will be reimbursed via Pay per Sale (“PPS” hereinafter) only for sales generated based on their regular marketing activities that are performed under these rules.
  2. The AFFILIATE PARTNER is only entitled to a commission upon the following conditions:
    • Thanks to the AFFILIATE PARTNER’s promotion, an individual visits the ZONER ordering pages, where he or she successfully makes an order of Zoner Photo Studio X. The commission is thus provided only for performed sales.
    • The sale is tracked by ZONER using the special link that ZONER has provided to the AFFILIATE PARTNER.
    • The “Last Cookie Wins” conversion principle applies – the commission goes only to the partner from whose link the customer has arrived at the ordering form last and then performed a successful order.
  3. The commission paid by Zoner is subject to normal taxation. Because of this, you must provide your tax ID to ZONER for correct payment of the commission. If you are not a payer of Value Added Tax, state your organization’s national business ID or organization ID. You are also hereby taking on the obligation to properly tax the commission provided.
  4. Commission amount:

    The commission amount depends on the revenue generated through the orders brought in. It is governed by the table below.

    Revenue in USDCommission in % for each license soldCommission level
  5. The commission is paid once per month. It is based on the payment amounts for fully paid orders. If software is returned, ZONER is entitled to demand the returning of the commission. Commission payments are transferred on the 10th day of the following month. They are sent to the bank account of the AFFILIATE PARTNER that this partner stated during their APR registration. The AFFILIATE PARTNER is responsible for banking fees. For a payment to be sent, the overall value of the licenses sold must be at least 390 USD. If this amount is not reached, ZONER accumulates the revenue generated by the AFFILIATE PARTNER into the next month. However, ZONER will pay the commission to the affiliate partner by the third month at the latest, even if the overall revenue has not yet reached 390 USD.
  6. The AFFILIATE PARTNER is required to double-check the Provision Report. They must report any objections they may have within 30 days from the report’s acceptance.
  7. Other than the commission, the AFFILIATE PARTNER has no entitlement to financial compensation for e.g. costs connected with Zoner Photo Studio X sales activities.
  8. Provisions will be paid in Czech Koruna (CZK). In the Affiliate Account, however, the commissions will be displayed in US Dollars (USD).

§ 6 Contract Length and Contract Termination

  1. This is an unlimited-term contract.
  2. The parties to the contract may terminate the contract in writing at any time. The notice period is 3 months and begins on the first day of the month after notice is given.
  3. After any serious violation of the CONDITIONS, ZONER has the right to terminate cooperation immediately.
  4. Sales of ZPS X that are generated by the AFFILIATE PARTNER are counted into the commission until the contract termination date, and they will still be paid out by ZONER.
  5. If the contract has been terminated due to a serious violation of the CONDITIONS by the AFFILIATE PARTNER, the partner loses the right to their unpaid commission.
  6. If the AFFILIATE PARTNER has not generated any revenue or has generated revenue of less than 390 USD over the course of two years, ZONER is entitled to terminate the contract and the registration of the AFFILIATE PARTNER. In this situation, any heretofore unpaid commission is paid. The AFFILIATE PARTNER may apply for registration again.