Public Offer to Conclude an Agreement with an Ambassador on Participation in the Partnership Programme

Date: 16.09.2024

Location: Warsaw, Poland

This document is a public offer by MEMORIES DESIGN Sp. z o.o., registered at Aleja General Antoniego Chruściela ‘MONTERA’ 88A, Warszawa 04-412, Poland, hereinafter referred to as the ‘Company’, to conclude an agreement on participation in the Affiliate Programme with any natural person or entrepreneur, hereinafter referred to as the ‘Ambassador’, collectively referred to as the ‘Parties’.

By registering as an Ambassador on the Company's website, you accept the offer and an agreement is concluded between the Parties under the terms specified below. By using the website and becoming an Ambassador, you agree to these Terms and Conditions and the Privacy Policy. Together, these form a legally binding agreement between you and the Company.

1. Subject of the Agreement

1.1. The Company provides the Ambassador with the opportunity to attract users (Referrals) to the Company's website memories.design to purchase photo books through a personalised referral link.

1.2. The Ambassador receives remuneration for attracting Referrals as set forth in this Agreement.

1.3. The Ambassador’s activities include searching for and attracting potential Referrals, as well as providing them with all necessary informational materials and offers received from the Company. The Ambassador is responsible for distributing this link to potential Referrals via websites, social networks, or other platforms.

2. Responsibilities of the Parties

2.1. The Ambassador undertakes to:

• Post a personalised referral link on their platforms, social media, and other resources, or send the link directly to potential Referrals.
• Promote the Company's products in good faith and without violating the law.
• Comply with the U.S. Federal Trade Commission (FTC) requirements regarding the disclosure of advertising information (if applicable, if located in the U.S.).

2.2. The Company agrees to:

• Provide the Ambassador with access to a personal referral link and a personal account.
• Keep a record of Referrals and their purchases for each Ambassador.
• Pay remuneration to the Ambassador in accordance with the terms of this agreement.

3. Remuneration and Settlement Procedure

3.1. The Ambassador is credited with €20 for each order placed by the Referral on the Company's website within the first three months after their registration via the Ambassador's referral link. If the Referral revisits the Company's website using the personal referral link, the three-month period will reset.

• Remuneration Details for Photo Books:
  • €20 for a photo book up to 100 pages.
  • €30 for a photo book between 100 and 200 pages.
  • €40 for a photo book between 200 and 300 pages.

3.2. Remuneration is paid for the reporting period determined by the Ambassador, but no more than once a month. Payment is made to the bank account of the Ambassador within 10 working days after the end of the reporting period or invoicing if the Ambassador is an entrepreneur.

3.3. The Company may withhold taxes and duties according to Polish law if necessary. Remuneration amounts may be reduced by the transfer fee to the Ambassador's bank account.

3.4. Electronic invoices are acceptable, and the Company agrees to receive them at [email protected].

3.5. The Company reserves the right to adjust or delay payments if fraudulent or invalid activity is detected.

4. Liability and Taxes

4.1. The Ambassador is responsible for paying all taxes according to their country's laws. A tax residency document may be required; otherwise, taxes will be levied according to Polish law.

4.2. The Company will provide necessary reporting documents upon request.

4.3. Both Parties are responsible for the legality of the content used to promote the Company's services, including compliance with local laws and intellectual property rights.

4.4. The Ambassador agrees to indemnify the Company for any claims or losses arising from their participation in the Affiliate Programme or breach of this agreement.

5. Protection of Personal Data and Confidentiality

5.1. The Company complies with all applicable data protection laws. All data is processed according to the Company's Privacy Policy.

5.2. The Parties agree to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council on data protection.

5.3. The Ambassador authorises the Company to collect and process data related to their activities for tracking and processing payments.

5.4. Contracts containing identical obligations to this agreement will be concluded between the Parties and any third parties processing personal data.

5.5. The Parties agree to use confidential information solely in connection with this agreement and to take all reasonable precautions to protect it from unauthorised access.

5.6. The Parties will not use the service in a way that could harm the Company or other users, including the use of unauthorised scripts or software.

6. Ownership and Use of Content

6.1. The Company reserves the right to place logos or unique identifiers on the content of the photo books to ensure quality and brand recognition.

7. Term of the Contract

7.1. This contract is effective from the moment the offer is accepted by the Ambassador and remains in force until terminated.

7.2. Either Party may terminate the contract with 30 calendar days' notice. The Ambassador will notify the Company via [email protected], and the Company will notify the Ambassador via their registered email.

7.3. The Company may terminate or suspend the Ambassador’s participation in the Affiliate Programme if their actions are deemed inconsistent with this agreement, without providing a reason.

7.4. Upon termination, no further remuneration will be paid, and pending payments will be reviewed for compliance with the agreement and applicable law.

7.5. The Company reserves the right to terminate the partnership for any breach of these Terms and Conditions or applicable laws.

8. Final Terms

8.1. The Company may amend this agreement at any time. Changes will be communicated via email or through the personal account. Continued participation constitutes acceptance of the revised terms.

8.2. This agreement is governed by the laws of Poland.

8.3. Any disputes arising from this agreement will be resolved through negotiations between the Parties.

8.4. If no agreement is reached, disputes will be resolved in the courts of Poland.