Affiliate - General Terms of Business (GTB)

This document stipulates the terms of partnership between pelicantravel.com s.r.o. (Corporate ID: 35 897 821, VAT ID: 35897821) (hereinafter referred to asas the “Company”), a company with its registered office at Pribinova 10, 811 09 Bratislava, Slovakia and its Affiliate partner, registered in the secure partnership programme using the available registration form (hereinafter referred to as the “Partner”).

Introduction

(A)   The Company is a travel agency and an official IATA tour operator, comparing the prices of travel packages and flight tickets offered by different airlines at https://pelikan.sk (and the following localized domains, including, without limitation: https://pelikan.cz, https://pelikan.hu, https://flipo.pl, https://flipo.at, https://flipo.de) (hereinafter referred to jointly as the “Website”). This Website allows end users to search for flight tickets and thereto related information using the search portal and compare their prices and to view the available packages and their prices.

(B)   The Company operates an Affiliate programme allowing its Partner to direct its client using Affiliate links from the Partner’s website (hereinafter referred to as the “Partner’s website”) directly to the Company Website.

(C)   The Partner undertakes to use the links provided to it by the Company for purposes of online and/or offline Website promotion in the manner and under the terms and conditions stipulated herein.

(D)   The Partner signifies agreement to these terms of cooperation by submitting its registration using the Secure registration form.

The Company and the Partner have agreed to use the following definitions of terms in this contract.

Definitions

Affiliate control panel – a web based panel providing to the Partner specific Links to direct the end user to the Website, promotional contents and search forms necessary to generate Eligible sales. The Affiliate control panel also provides the Partner with statistics regarding Website clicks and the number of Eligible sales made. The Partner also uses the Affiliate control panel to submit its personal data.

Booking – a flight ticket or travel package booking at www.pelikan.sk, duly paid by the customer.

Cookie – selected electronic data sent by an Internet server to a browser and used by the browser every time the user visits the server in the future. Cookies are used to identify the user or monitor their server access.

Referral ID – a unique identification code assigned to each Partner through the Affiliate control panel.

HTML code– an abbreviation of Hypertext Mark-up Language, i.e. a language used to create documents on the Web. HTML defines the structure and positions of a web document using tags and attributes.

Banner – an animated or static graphical advertisement displayed in different sizes on the Partner’s website promoting the Company products.

Commission – a reward disbursed to the Partner provided that these Affiliate terms have been met. More details can be found in Articles 3 and 4 hereof.

Confidential information –  all data and information provided to the Partner by the Company inherently confidential, including all data and information marked by the Company as confidential as well as all the data and information which can be reasonably assumed to be confidential.

Contents – all descriptive information pertaining to the Website.

Force majeure event – each external event beyond the reasonable control of the Company, including (but not limited to) natural disasters, strikes, lockouts and shortages of labour, declarations of war, blockades, lightning strikes, fires, earthquakes, storms, floods, explosions, acts of the government, expropriations, bans on direct interventions, embargoes, tool unavailability, impossibility of and/or delays in obtaining an official permit or a licence.

Link – a hyperlink in a document or another source, which can be activated by clicking a specific word or image. The purpose of the Link is to redirect the end user to the Website.

Minimum payment – the minimum amount that can be invoiced is €50 (fifty euros).

Paid advertisement in browsers – any form of paid advertisement where the advertisement is displayed on the basis of a specific keyword.

Payable Commission – Commission that meets the Minimum payment criterion.

It will be disbursed in euros (€).

Promotional material – any contents, information, code, banner, search form or image provided by the Company to the Partner through the Affiliate control panel or via e-mail.

Eligible sale – End user (customer) booking paid to the Company in a due and timely manner. 

SEM – a form of online marketing involving website promotion through increasing its visibility in browsers when a specific keyword or phrase is entered.

Tracking code – an URL structure and a unique identifier provided by the Company to the Partner allowing to track links.

1.   Account registration

1.1   In order to join the programme, the Partner has to register using the secure registration form and accept these General Terms of Business.

1.2   By submitting the registration, the Partner agrees with these terms, the document becomes valid and a Company employee will verify and approve the registration.

1.3  Following the registration approval by the Company, the Partner will receive an e-mail to the e-mail address specified in the secure registration form containing the password allowing them to access the Affiliate control panel.

1.4  The Partner is responsible for the correctness and currentness of all the data and information entered through the Affiliate control panel.

———

*applies to the APRA campaign

1.5   The Partner can also join the Affiliate programme of the Company’s business partner – APRA s.r.o., a company specialising in helping air travellers claim compensation. Unless otherwise specified in individual cases, the same terms shall apply to this programme as to the cooperation between the Partner and the Company. 

———

2.   Promotional materials, Links and Tracking code

2.1   Through the Affiliate control panel, the Company will make Promotional materials available to the Partner allowing them to create Links which may generate Eligible sales. The Partner may visually modify the Promotional materials only if this was approved by the Company.

2.2   The Partner must ensure that each Link contains a Tracking code necessary to generate an Eligible sale. If the Tracking code is removed, the Company will not be able to monitor Eligible sales secured by the Partner. The Partner acknowledges that the Company shall not pay Commission for end user sales made without the Tracking code. The Partner may also request a Direct tracking code from the Company.

If the Company Affiliate manager approves the creation of a Direct tracking code, the Partner does not have to use the Tracking code for Links originating from the Partner’s website, whereas the address will be specified in the Direct tracking code.

2.3   The Partner has agreed to only use the Contents and the Promotional material to promote the Website. All such materials remain the property of the Company. Without the knowledge of the Company, the Partner shall not use the Contents or the Promotional materials to promote other websites, such as websites of competitors, carriers and similar.

2.4   The Partner has agreed to use the Promotional material and the Links only in accordance with the applicable laws of the Slovak Republic and these Affiliate GTB. The Partner hereby undertakes not to modify, disable, sell, distribute, license or transfer the Promotional material.

3.   Commission

3.1   The Partner will receive Commission for each Eligible sale generated by the Links, provided that these Affiliate terms have been complied with.

3.2   The Partner will receive a Commission for each Eligible sale generated by the Banners and Search forms containing the correct Referral ID, provided that these Affiliate terms have been complied with.

3.3   The Partner has agreed that the Commission shall amount to 45% out of the flight ticket service fee. The Commission may differ for each created Eligible sale.

3.4   The Partner has agreed that the calculation, approval and payment of the Commission will be performed by the Company. The Partner will have the right to claim the Commission or file a complaint with regard to a Commission payment which shall be governed by the same terms as their right to terminate this contract in accordance with Clause 11.1.

3.5   The Company shall monitor Eligible sales for 30 days from the most recent click on the Link. The Partner shall receive Commission for each Eligible sale made on the basis of recurring end user visits. Such recurring visits will be monitored by the Cookies placed on the end user’s browser. The Partner shall not be eligible to receive the Commission if an Eligible sale is made after the Cookies expire. The Company makes no warranty to the Partner that the Cookies will remain active for the entire period of their validity if the end user modifies the settings of their computer.

3.6  The Partner has agreed that the Company may, at any time, carry out an internal audit in order to review the Look-to-Book ratio (number of views vs. number of bookings). Based on the results of this audit, the Company reserves the right to adjust the future amount of commission for Eligible sales. The amount of such adjustment will correspond to the difference between the average Eligible sales value across the entire Affiliate programme for the period during which the audit was performed.

———

*applies to the APRA campaign

3.7. The Partner shall also receive Commission for each signed power of attorney for APRA s.r.o. to claim air travel compensation generated from the Links, provided that these Affiliate terms have been complied with. 

3.8   The Partner will also receive Commission for each signed power of attorney for APRA s.r.o. to claim air travel compensation generated by the Banners and Search forms containing the correct Referral ID, provided that these Affiliate terms have been complied with.

3.9 The Partner has agreed that the Commission for each signed power of attorney for APRA s.r.o. to claim air travel compensation will be €10 per person.

3.10 The Commission is always disbursed to the Partner by the Company. 

———

4.   Terms of payment and reports

4.1   The Partner must make an invoice and send it to the Company.

•   The invoice shall include the following information:

Pelicantravel.com s.r.o.

Pribinova 10

811 09 Bratislava

Slovakia

Corporate ID: 35897821

Tax ID: 2021871225

VAT ID: SK2021871225

•   Partner’s billing information

•   The time period for which the Commission is invoiced

•   Partner account information (registration e-mail, Referral ID)

•   Number of accounts to which the invoiced amount is to be paid

The Partner shall provide the Company with all the information required for a successful payment of the Commission specified in the invoice.

4.2   The Company shall disburse all payable Commissions within 28 days from the date as of which the invoice was sent by the Partner to the Affiliate manager. The payment will be wired to the account specified in the invoice. The Company shall not bear any transaction related fees.

4.3   The Company keeps records of all the transactions made in compliance with these terms. The Company shall provide the Partner with statistical data regarding the amount of Commission and the number of Eligible sales. The system, bookings and records of the Company shall be deemed binding evidence for determining the amount of Commission.

4.4   The payable Commission is not subject to VAT. The Partner is responsible for paying their own levies and taxes related to providing the Affiliate services. Under no circumstances will the Partner be compensated for any taxes. Should a state authority require that any tax or a part thereof be withheld in connection to a payment related to the Affiliate services, the Company:

•   shall withhold the respective amount out of such payment, and

•   pay such amount to the relevant authorities in accordance with the law.

5.   Partner’s rights and obligations

5.1   The Partner understands and acknowledges that this cooperation is not exclusive. The Company reserves the right to use other partners in the Affiliate programme in the same area.

5.2   The Partner shall refrain from any action that could influence the relationship between the Company and an air carrier. The Partner shall not make any negative comments with regard to the Company and they shall not encourage third parties to terminate or limit their cooperation with the Company.

5.3   The Partner shall update and modify the contents of their website, maintaining the website up-to-date and accurate at all times. The Partner shall quickly remove all errors or inaccuracies from their website as soon as they discover them or is notified thereof by the Company.

5.4   The Partner undertakes to refrain from any automated analyses and extraction of information (including customer reviews) from any Company website (the so-called Screen scrape).

5.5   The Partner shall not create any static copies of content of any part of the Company Website on the Partner’s own server or website.

5.6   The Partner shall not make bookings on the Website using the Company Links with the objective of advance sale of bookings (or obtaining other benefits) to a third party.

5.7   The Partner has agreed and acknowledges that any restrictions, covenants and obligations stipulated in Article 4 hereof are of material significance to the Company, in particular when it comes to (i) its willingness to enter into this contract with the Partner, to make available to them (directly and indirectly) the Contents and the intellectual property rights of the Company and (ii) protection of the goodwill, product, service and (market) reputation of the Website. Moreover, the Partner has agreed and acknowledges that all the terms, covenants, warranties and limitations specified in Article 4 hereof (a) will be adhered to by the Partner with immediate effect, duly and carefully, and (b) when it comes to other companies within a group of partner companies, the Partner must ensure, warrant and covenant that all partner group companies will take into account, adhere to, and act in compliance with the terms of Article 4 hereof.

In order to protect the product, service, brand and reputation of the Company, the Partner by completing the registration covenants and warrants that the Affiliate website(s) (including all other websites directly or indirectly owned, controlled or hosted by the Partner) is/are (and will remain) independent and easily distinguishable from the Company Website. The Company will be entitled to review whether this is the case. The Partner hereby agrees and acknowledges that during the term of this contract (and henceforth):

•   The appearance of and the experience provided by the Affiliate website (including all other websites directly or indirectly owned, controlled or hosted by the Partner) shall be significantly and clearly different from the other websites of the Company, including the colour scheme, composition, used fonts, designs, layout (including the brand), clickable buttons, boxes, banners and available features (with the exception of the features required to fulfil the Partner’s obligations hereunder).

•   Any logo(s) used on the Affiliate website (including all other websites directly or indirectly owned, controlled or hosted by the Partner) shall be significantly and clearly different from the Company logo (this shall not apply to logos provided by the Company to the Partner in order to fulfil the rights and obligations hereunder).

•   In no event may the Partner imitate or copy the Company website (in general or by making small modifications, adding or modifying features or changing the layout).

•   The Partner must always at his own cost quickly comply with all reasonable requests of the Company when introducing changes, alternatives and modifications to the Affiliate website that could be confusing or very similar to the elements used on the Company Website.

5.8   The Partner shall not (and they should notify the Company if they do within the Affiliate programme) directly or indirectly register, obtain, use and/or purchase an Internet domain containing any word(s) identical or interchangeable with or very similar to the following words: “Pelican”, “Flipo”, “Pelipecky” or any of their variants, translations or typos, including parts of the address.

5.9   The Partner shall not use the Contents for any purpose or in any other way and/or through any third party platform other than as specified in these GTB.

5.10   For the term of cooperation established by these Terms (as well as after the termination of cooperation with regard to the data obtained hereunder and the Company trademarks), the Partner shall immediately comply with any request of the Company to comply with the terms of Article 5.

5.11   The Partner’s website shall not directly or indirectly refer to the Website or a Company brand using Double Serving or other similar techniques or methods prohibited under the standards regulating unsolicited mail (spam). 

The Partner shall not directly or indirectly make the Affiliate website(s) or the Contents available to any third party aiming to confuse, deceive or otherwise mislead human editors, search engine robots, web-crawlers or third party (meta)search engines (including any tool or system) with the objective of obtaining a better evaluation, rating or more displays of the Affiliate website(s) in third party platforms which could not be obtained without using masking or other similar techniques and methods.

The Partner undertakes to and warrants that they will, at all times, adhere to the standards regulating sending of unsolicited mail (spam) and proceed in accordance with them (as well as in accordance with all other legitimate requirements of the Company in this regard) in order to avoid violations of such standards by the Website or the Affiliate website which could be caused by the Partner’s actions. For the avoidance of doubt, the Partner may not exercise any rights against the Company when it comes to unsolicited mail, and he hereby waives any right for defence or claims against the Company in this regard. 

The parties have agreed that in case of (alleged or impending) a breach of the Partner’s obligations arising out of Article 5, the burden of proof in its exoneration shall be borne by the Partner. In other words, in case of an alleged or impending breach of obligations arising out of Article 5 hereof, the Company may assume that such breach already took place and the Partner must furnish sufficient and satisfactory proof (i.e. convincing and indisputable) that they have met the obligations stipulated in Article 5 hereof.  

5.12  The Partner shall not encourage the visitors of their website to use a link to the Company portal, if such link is not directly related to travel or travel services and the products offered by the Company.

5.13 The Partner shall not use on their website any pop-up windows which could redirect the visitor to the Company portal without the visitor knowingly and actively giving their consent to be redirected to the Company portal. The Partner shall not redirect the visitors of their website automatically to the Company portal without the visitor knowingly and actively giving their consent to be redirected to the Company portal.

5.14 The Partner shall not pay for search engine advertisements (Google Ads type services) containing keywords which could give the impression that the consumer is looking for the services of the Company. This also applies to typos and keyword combinations. The Partner also shall not use the Company portal as their landing page, not even with keyword search based adverts in browsers, such as Google Ads, or in other cases. In general, the Company does not allow the use in cooperation SEM (Search Engine Marketing) directed to the company’s website (landing page) directly from the search results using the parameter aid.

5.15  The Partner agrees and acknowledges that in case of the Partner’s default with performance or the implementation of a justified requirement of the Company pertaining to this contract or in case of the Partner’s default with the performance of the Company requirements specified in Article 5 hereof, the Company becomes entitled to suspend the performance of its obligations arising out of this contract against the Partner or to terminate this contract with immediate effect.

In case of a direct or indirect violation by the Partner of any contractual provisions, restrictions, obligations and/or warranties specified in Article 5 hereof the Company becomes entitled to take the following legal steps regardless of the other possibilities of redress, lawsuit, compensation of damages, court orders or other legal remedies available under the law or the contract:

•   Suspension of payments to the Partner, to which the Partner is entitled hereunder, or a termination of this contract with immediate effect.

•   In case of use of a similar domain name (or ownership or registration of a website with a domain name that could be mixed up with or is similar to a domain name owned by the Company) or a repeated and/or material breach of Article 5 the Partner has to transfer, assign and register the similar domain name (including a website with a similar domain name) in the Company’s name using a domain registrar selected by the Company, within 20 business days from the date of violation of obligations of Article 5. If the Partner fails to do so and the ownership and rights pertaining to the domain names will not be transferred, the Partner hereby authorises the Company to prepare all the documents necessary to transfer the ownership and registration of the domain from the Partner to the Company and to sign such documents on behalf of the Partner. This authorisation will be irrevocable and unconditional.

5.16 For each individual breach of the Partner’s obligation specified in Article 5 of these GTB, the Partner shall be obliged to pay a contractual penalty in the amount of €500. The Partner will be obliged to pay a contractual penalty for violation of his obligations when the Company requests that they meet this obligation. The payment of the contractual penalty shall not affect the right of the Company for the compensation of damages caused by the breach of the Partner’s obligation or the right to take other legal steps as specified in Clause 5.15 hereof.

5.17   The Partner undertakes to ensure that the Affiliate website shall not contain any direct or indirect links to websites which:

•   promote any form of discrimination based on religion, nationality, race, sex, etc.,

•   include erotic or pornographic contents,

•   could be detrimental to the Company, its brand or reputation in any way whatsoever,

•   promote violence,

•   contain illegal activities,

•   infringe the intellectual property rights in any way whatsoever.

5.18   The Partner represents that the Affiliate website is not perceived as contradicting the jurisdiction of the Slovak Republic.

5.19   The Partner has agreed to refrain from any activities involving fraudulent clicks.

5.20   All Partner’s marketing activities must be geared towards generating bookings.

5.21   The Partner is aware that this agreement does not establish any contractual relationship between the Partner and an air carrier.

5.22   In case of violation of any provisions hereof, the Partner shall bear all the costs and damage claims related to such violation (including, without limitation, legal fees). The Partner shall bear all the cost related to the development, operation, maintenance and contents of their website.

5.23   The Partner undertakes not to use, link or otherwise refer to the Website from third party platforms, including, without limitation, the leading search engines, such as Google or Seznam.

6.   Functionality agreement

6.1   The Company and the Partner hereby agree with the terms of the Service Level Agreement (“SLA”), in which the Company undertakes to make the Website available to Internet users at all times (100% availability). If the Website is unavailable to Internet users for an extended period of time (based on the measurement programmes of the Company), the Company shall indemnify the Partner for all (100%) commissions not realised, depending on the previous and expected results. The Partner shall file their claim, providing evidence that the outage had an impact on their commissions, via e-mail, fax or post within 30 days from the start of the outage; otherwise, the claims will not be eligible for compensation under the SLA. The claims shall be limited to the commissions generated by the Partner programme and shall not include third party commissions, such as other advertisements or partner income.

 The SLA shall cover outages caused by web programming and platform hosting and shall not cover outages caused by factors beyond the control of the Company, such as end user browser issues, ISP issues or events of Force Majeure.

6.2   The Company shall provide the Partner with appropriate technical assistance, if this is necessary to integrate the Links or the Contents. The Company will strive to resolve such technical issues as soon as possible.

7.   Waiver of warranties and limitation of liability

7.1   Without prejudice to the provisions of Clause 6.1, however, within the maximum extent permitted by the law, the Company waives all warranties and representations (both explicit and implied) with regard to the Website, the programme and/or the online providers, including, without limitation, any warranties and representations with regard to:

•   fitness for a particular purpose,

•   viruses and other malware,

•   infringement of third party rights,

•   business qualities.

7.2   The Company shall not be responsible to the Partner for any loss or damage which the Partner may suffer in connection to their participation in the Affiliate programme or in connection to any misconduct (omission) of the Company in the performance of its obligations hereunder. The following shall also be deemed loss or damage: loss of profit, costs spent, expected savings, damage of reputation, loss of data, an indirect, consequential or special loss or damage regardless of whether such loss of damage were foreseeable by the Company and regardless of whether the Company was advised of the possibility of such loss or damage or not.

7.3   Without prejudice to the provisions of Clauses 7.1 and 7.2, if the Company is officially bound to compensate the Partner for damages or other loss arising in connection to this contract, the contracting parties have agreed to limit the amount of damage or other loss by the total amount of Commission paid to the Partner within the last 12 months preceding the date of the damage or other loss.

8.   Privacy

8.1   The Partner shall not use any Affiliate programme end user information for purposes other than the fulfilment of this contract. It shall be, in particular, prohibited to use such information for personal or commercial use, or to obtain direct financial profit (e.g. using marketing). Each such violation shall be deemed a breach of this contract. The Partner has agreed not to use the information obtained from the Affiliate programme to send chain e-mails, unsolicited mail, spam and nuisance (commercial or non-commercial) or mass communication of any kind. The Partner also undertakes to only include in its distribution lists of individuals who have given their consent to do so in advance.

8.2   Without prejudice to the provisions of Clause 8.1, the Partner may only send e-mails to end users with their previous consent for purposes of product sales if they previously purchased products or services using the Partner’s website. The end user shall have an option to unsubscribe from receiving such e-mails. If the Partner doesn’t meet this requirement, the Company reserves the right to terminate this contract with immediate effect.

9.   Intellectual property

9.1   After submitting registration using the secure registration form, the Company grants to the Partner a revocable, non-exclusive, non-transferable, worldwide, royalty-free licence to display the Links in accordance with the terms hereof and to use the promotional Contents to facilitate the Partner’s involvement in the Affiliate programme. The licence is granted for the term of this contract. The Company reserves all rights with regard to the Links, Contents and Promotional material, including all intellectual property rights.

9.2   Each party shall retain their right, title and interest in its name, logo, trademarks, service marks, copyrights, patents, patent functions and patent technologies. Except as otherwise explicitly provided herein, neither party shall copy, distribute, reproduce or otherwise use these materials.

9.3   The Partner gives the Company the right to use the Partner’s trademarks and business name provided to the Company through the Affiliate control panel in order to promote the Affiliate programme.

9.4    The Company hereby firmly declares that it owns all the rights and licences required to meet the obligations of the Company hereunder and allows the Partner to create Links and display information and materials provided to the Partner or made available to them hereunder.

10.   Confidential Information

10.1  During the term and after the termination of this contract, the Partner shall:

•   Maintain secrecy with regard to the Confidential information and not disclose them to any third parties without the previous written consent of the Company.

•   Disclose the Confidential information to employees and subcontractors on a need-to-know basis only. Such individuals need to be bound by a written confidentiality agreement. 

•   Introduce and maintain reasonable security measures protecting the Confidential information from unauthorised access or use.

•   Immediately inform the Company of each suspected or actual unauthorised use, copying or disclosure of Confidential information. If so requested by the Company, the Partner shall fully cooperate with the Company in connection to any steps or procedures introduced in consequence of such breach of obligations.

•   Not copy any Confidential information without the previous written consent of the Company. If such consent has been granted, the Partner shall mark all copies of documents as “Confidential”. If a notice of proprietary rights or confidentiality is attached to any Confidential information, the Partner must ensure that such notice is also attached to all the copies they make. 

•   Only use the Confidential information for purposes of fulfilling its obligations hereunder.

•     If the Partner becomes obliged to publish Confidential information under the law, hey shall notify the Company of this without any undue delay. If the Company reasonably refuses or contests an official request to disclose Confidential information, the Partner undertakes to provide all the necessary cooperation to the Company.   

11. Special terms of cooperation with coupon websites and cashback portals

Cooperation with coupon websites and cashback portals shall be governed by special terms not contained in these GTB, which the parties shall agree upon in a separate document (separate contract, agreement between the parties contained in electronic communication, etc.) The other provisions of these GTB shall govern this type of cooperation mutatis mutandis, unless they directly contravene the terms of this section in which case

the individually agreed terms shall take precedence.

12.   Termination of contract

12.1   Either party may terminate this contract at any time at its sole discretion. The contract shall cease to exist within seven (7) days from the date as of which the other party was notified of its termination. If the contract is terminated as specified in this article, the Partner becomes entitled to a payment of all the commissions which became due in accordance with Article 4 until the date of termination hereof.

12.2   The Company may also terminate this contract with immediate effect or suspend payment of due commission to the Partner if:

•    The Partner breaches any provision of this contract and fails to rectify the breach within two days from the delivery of a notification of the Company detailing the breach and demanding a remedy.

•   The Partner breaches this contract and such breach cannot be remedied.

•   The Partner breaches this contract in a way which negatively impacts the ability of the Company to generate profit or damages the reputation of the Company or its supplier.

•   The Partner takes steps to appoint a bankruptcy trustee, a temporary liquidator or another person in a position allowing them to (partially) dispose of the Partner’s assets or business.

•   The Partner remains inactive for twelve (12) consecutive months.

•   The Partner’s bookings do not generate any sales.

•   The Partner promotes the Website contrary to good manners, e.g. on websites promoting racism, pornography or any illegal activities.

•   There is a justified suspicion that the Partner was involved in fraud.

12.3   If the Company decides to terminate the contract in accordance with Clause 11.2 all due commissions to which the Partner is entitled will not be paid. The Partner shall lose its entitlement to the commission and the commission will forfeit to the Company.

12.4   After the termination of the contract, the Partner becomes obliged to remove from the Partner’s website any materials pertaining to the Affiliate program and this contract, including any Links.

13.    Changes

13.1   The Company may amend this contract at any time with immediate effect by publishing the new contract (Affiliate terms) at the website specified below. The Partner shall be bound by the new terms from the moment of their publishing. If the Partner does not agree with the wording of the new terms, they will have the right to terminate the contract in accordance with Article 11. The Affiliate terms (contract) and their amendments will be published at the following URL: http://partner.pelikan.sk/affiliates/.

14.    General Provisions

14.1   The Partner and the Company have agreed that, for all legal purposes, the Partner will be  considered an independent contractor. The Partner is exclusively responsible for meeting their tax and insurance obligations, remunerating their employees and all other matters related to the work performed hereunder.

14.2   This contract shall be governed by and interpreted in accordance with the laws of the Slovak Republic. Each party irrevocably accepts the jurisdiction of the Slovak courts.

14.3   The rights and obligations arising out of this contract cannot be transferred without the previous written consent of the other party save for the exceptions stipulated by the law. Any transfer made without the previous written consent of the other party shall be deemed invalid.