These Affiliate Programme Terms and Conditions govern the participation of natural or legal persons in the BitBay Affiliate Programme organised by BB Trade Estonia OÜ with its registered office in: Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 8a, 11415, Estonia, entered in the register of companies under the number 14814864, maintained in the framework of the website bitbay.net and sub-domains, as well as the rules for Participants for use of the Programme.
§ 1 Definitions
Non-Working Day – Saturdays and public holidays as understood under the Act of 18 January 1951 on holidays
Exchange – the virtual currency exchange platform at www.bitbay.net
Client – each natural or legal person who has used a link referring the BitBay virtual currency exchange and created a new user account in the Exchange
Referral Link – a link generated individually for each Programme Participant, which is the only tool to assign the Client to the Programme Participant
Calendar Month – the period from the first day of each month to the last day of the same month
Organiser – the company BB Trade Estonia OÜ with its registered office in: Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 8a, 11415, Estonia, entered in the register of companies under the number 14814864, which maintains and operates the Programme
Programme – the BitBay Affiliate Programme, which allows the website bitbay.net and its sub-domain to be referred via a Referral Link
Commission – a percentage of revenue generated during the transaction (transaction commission) by Clients referred by the Programme Participant
Terms and Conditions – these Affiliate Programme Terms and Conditions which govern the principles of participation in the Programme and of using the Programme by all persons which participate in it
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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)
Table of Fees and Commissions – the table containing current rates of fees and commissions for the services provided by BitBay or available on the Website, available at https://bitbay.net/pl/tabela-oplat
Website - the bitbay.net website and its sub-domains
Programme Participant – any natural or legal person who has joined the Programme
§ 2 Joining the Programme
- Participation in the Programme is restricted to natural persons who, at the latest on the date of registration for the Programme, are 18 years of age and have full legal capacity, and legal persons. Any person interested in joining the Programme who meets the conditions referred to in section 1 above is required to read and accept the Terms and Conditions.
- Participation in the Programme, acceptance of the Terms and Conditions, as well as the provision of personal data is entirely voluntary, however, the Organiser hereby informs that non-acceptance of the Terms and Conditions renders participation in the Programme impossible. The provision of personal data by the Programme Participant is a contractual requirement.
- To join the Programme, go to the “Affiliate” tab and accept the Terms and Conditions by making a statement as follows: “I confirm that I have read and fully accept the Terms and Conditions of the Affiliate Program. I provide my personal data voluntarily and declare that they are correct. I have read the information clause under Article 13 of the GDPR, including the information concerning the purpose and means of processing of personal data.”
§ 3 Rights and obligations of the Programme Organiser
- The Organiser, which is also the operator of the Exchange, is responsible for the organisation and operation of the Programme.
- The Organiser provides to Programme Participants Referral Links and banner ads to promote the Exchange, to enable their active and effective participation in the Programme.
- The Organiser hereby informs that it will not grant any Commission to Programme Participants who post incorrect or incomplete information in the Referral Link, and also who acquire Clients in a manner inconsistent with the provisions of law or the Terms and Conditions.
- Information concerning the Client’s activity on the Exchange will be displayed in the Programme Participant dashboard, in the “Affiliate” tab.
- The Organiser reserves the right to refuse to create and to close the user account of a Client on the Exchange if this is necessary due to applicable provisions of law or internal procedures of the Organiser.
- The Organiser reserves the right to bar Programme Participants whose activities are in breach with the law, the Terms and Conditions, principles of social coexistence or rules of morality, and also who promote the Website on inappropriate websites from participation in the Programme. Inappropriate websites should be understood in particular as those which are dedicated to children, promote pornographic content and violence, are discriminative in terms of race, sex, religion, nationality, sexual orientation or age, or promote activities which are prohibited by law or infringe intellectual property rights.
- The Organiser may suspend or terminate the Programme at any time.
§ 4 Rights and obligations of the Programme Participant
- The Programme Participant has the right to actively and effectively promote the Website, the Exchange and the Organiser to maximise profits for themselves and for the Organiser.
- When promoting the Website, the Exchange and the Organiser, the Programme Participant is required to use only such measures which do not infringe applicable law, principles of social coexistence, rules of morality, which do not jeopardise the Organiser’s good name, and which will have a positive effect on the image of the Website, the Exchange and the Organiser.
- The Programme Participant has the right to place Referral Links and banner ads anywhere on their websites, subject to the Terms and Conditions.
- Referral Links and banner ads must not be placed in unsolicited emails (spam), unauthorised posts, chats, or with the use of bots.
- The Programme Participant bears all costs arising from the activities addressed to their customers to promote the Website, the Exchange and the Organiser.
- The Programme Participant is not authorised to create, publish or distribute any written material relating to the Website, the Exchange or the Organiser without first submitting it to the Organiser and obtaining its authorisation.
- The Programme Participant is required to fully cooperate with the Organiser in the use and maintenance of the Referral Links and all other promotion measures provided by the Organiser.
- By accepting the Terms and Conditions, the Programme Participant consents to:
- a) using the full URL of the Referral Link or the HTML code for placing on websites, and making banners and other promotional material available
- b) placing Referral Links, banner ads and other promotional material in appropriate, visible sections on their websites
- The Programme Participant:
- a) must not modify or delete any part of the code, banner ad, Referral Link or promotional material
- b) is required to update the Referral Links, banner ads any other promotional material as modified by the Organiser
§ 5 Baseline commission
- The baseline Commission received per Calendar Month by each Programme Participant is 20% of the net income generated by each of the Clients referred by the Programme Participant.
- The baseline Commission is the minimum commission that each Programme Participant may receive.
- Each Programme Participant may receive a higher Commission than the baseline, once the required number of new Clients has been reached in the given Calendar Month, in accordance with the rules laid down in § 5 of the Terms and Conditions.
- The Commission rate may also be increased for a particular Programme Participant based on individual arrangements with the Organiser.
- The Commission is credited to the Participant’s account in the currency in which the commission on the Client’s transaction is charged.
§ 6 Increased Commission
- An increased amount of Commission granted in the Programme depends on a number of new Exchange Clients acquired by the Programme Participant in the given Calendar Month and is as follows:
- The increased Commission for the required number of new Clients in the given Calendar Month will apply to the Programme Participant in the following Calendar Month falling after the settlement of the given Calendar Month. The settlement of the given Calendar Month is carried out by the Organiser at the latest on the third (3rd) day of the month following the Calendar Month to be settled, with the stipulation that if that day falls on a Non-Working Day, the settlement will be effected on the next day which is not a Non-Working Day.
- In order for the Programme Participant to receive an increased Commission, in the given Calendar Month the Programme Participant must acquire in the Programme a revenue of at least PLN 10.00 generated from the Commission payable by all new Clients.
- The number of new Exchange Clients in the given Calendar Month counting towards the change in the amount of Commission due in the Programme is restricted to the following:
- a) Clients acquired via the Referral Link of the given Programme Participant added automatically to the Programme statistics
- b) Clients who have verified or at least attempted to verify a user account on the Exchange
- Programme Participants who meet the conditions set out in this section will receive an increased Commission compared to the baseline Commission specified in § 4 of the Terms and Conditions, as indicated in the table referred to in paragraph 1 above, valid for the entire Calendar Month following the settlement date of the Calendar Month in which the Programme Participant acquired the required number of new Clients.
§ 7 Commission Payment
- The Organiser will pay the Commission due by transfer to the bank account of the Programme Participant they have provided on the Website.
- Payment of the Commission due will be made in the currency in which the Commission is granted, in accordance with § 5(5) of the Terms and Conditions.
- The Commission may only be paid to a Programme Participant who is fully identified and verified, in accordance with the requirements arising from applicable law.
- The minimum amount to be paid is indicated in the Table of Fees and Commissions.
- A Programme Participant may only have one account in the Programme.
- Programme Participants are entitled to a lifetime Commission on all transactions of their referred Client registered on the Exchange as long as they remain a Programme Participant.
- If the account of the Client referred by a Programme Participant is blocked and the Organiser is required to return the funds deposited on it, the Organiser will not be obliged to pay Commission to the Programme Participant on the revenue generated by the blocked Client.
- In the case of an investigation carried out by the Organiser or relevant authorities against the Client, the Organiser has the right to withhold payment of any applicable Commission on revenue generated by the Client until such time as this proceeding is concluded.
- The principles of processing of personal data used by the Organiser are set out in these Terms and Conditions and in the “GDPR information clause” which is enclosed with these Terms and Conditions and forms their integral part.
- The Controller of personal data of Programme Participant is the Organiser, BB Trade Estonia OÜ with its registered office in: Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 8a, 11415, Estonia, entered in the register of companies under the number 14814864. The Controller processes the personal data of the Users for the purposes for which they have been originally collected. If the original purpose of the processing of personal data for which the data were collected has changed, the Controller is required to notify the user before proceeding with further processing, in accordance with Article 13(3) of the Regulation and, where necessary, obtain the User’s consent to the processing of personal data referred to in Article 6(1)(a) of the Regulation.
- The Controller is responsible for protecting the personal data of the Website’s Users.
§ 9 Confidentiality
- A Programme Participant may be entrusted with confidential data related to the activity of the Organiser, as well as with personal data of the Clients acquired by the given Participant. The Organiser authorises the Programme Participant to process personal data of the Clients such as registration date, username and value of the commission collected from the Client in a transaction on the exchange only to the extent necessary for the performance of the agreement concluded for participation in this Affiliate Programme. Authorisation to process personal data of the Clients expires as soon as the Participant opts out from the Programme, and in the event of termination of cooperation between the Parties.
- The Organiser’s confidential data should be understood as any information which constitutes the Organiser’s business secret, in particular commercial information relating to business activity pursued by the Organiser, any data on the Clients of the Exchange, including information on username, registration and amount of earnings, as well as technical, technological and organisational information concerning the Organiser’s enterprise, and other information related to the Website, the Exchange and the Organiser made available to the Programme Participant in connection with participation in the Programme (hereinafter in this section referred to as Confidential Data).
- Programme Participants undertake to maintain the secrecy of Confidential Data, i.e. they will not record it on any media, or reproduce, distribute, transfer, disclose or make it available in any form to any third parties or persons without the prior written express consent of the Organiser.
- Programme Participants undertake to use Confidential Data solely for activities associated with participation in the Programme.
- Programme Participants are required to store all Confidential Data in such a way as to provide complete protection against its loss, distribution, unauthorised access or disclosure to third parties or persons, and in the case of its disclosure, distribution, reproduction, unauthorised access, they are required to notify the Organiser to this effect immediately.
- By joining this Programme, the Participant declares that they have been informed of the criminal liability under §71 and § 72 of the Estonian Data Protection Act of 12 December 2018 and of the possible financial penalties which may be imposed on the controller under Article 83 of the GDPR. Notwithstanding the liability provided for in these provisions, the Organiser reserves that any breach of the personal data protection rules applied by the Organiser may be considered a breach of fundamental contractual obligations and constitute cause for an immediate termination of participation in this Affiliate Programme.
- The Organiser may charge the Programme Participant with a penalty of PLN 1,000 (one thousand zlotys) for each breach of the obligation to maintain the secrecy of Confidential Data. The total amount of contractual penalties for a breach of the obligation to maintain the secrecy of Confidential Data may not exceed PLN 50,000 (fifty thousand zlotys).
- The obligation to maintain the secrecy of the Confidential Data referred to in this section shall be binding on the Programme Participant for an unlimited period of time, in particular it shall not expire as a result of the Programme Participant’s opting out from the Programme, and the Programme Participant may not be released from this obligation except as expressly provided for in the Terms and Conditions.
§ 10 Relationship between the parties
- The Organiser and Programme Participant are independent entities, and nothing in the Terms and Conditions serves to establish a relationship of partnership, franchise, agency or employment between them.
- The Programme Participant shall in no event be entitled to make or accept any proposals, offers or declarations of will on behalf of the Organiser.
§ 11 Guarantees
- The Organiser makes no express or implied guaranties with respect to the Programme.
- The entire Programme operates over the Internet, so the Programme Participant shall be solely responsible for ensuring seamless and uninterrupted access to the Internet for the purpose of participating in the Programme, and the Organiser shall bear no liability for consequences of any interrupted access to the Internet or defects attributable to the Internet provider.
- The Organiser shall not be liable for errors in the transmission of data, in particular due to the failure of ICT systems, telecommunications systems, power supply systems and delays in the functioning of the external data transmission operator.
- The Organiser shall not be liable for unavailability of the Programme for reasons beyond the Organiser’s control.
- For security reasons, and for any other reason beyond the Organiser’s control, the Organiser may block or temporarily suspend access to the Programme for the period necessary to remove the risks or irregularities which have occurred.
- The Organiser undertakes to notify Programme Participants of any planned technical break which may prevent access to the Programme.
- Subject to any limitations under mandatory rules of law, the Organiser shall not be liable for any damage related to the Programme Participant’s inability to use the Programme resulting from improper functioning, errors, deficiencies, interruptions, defects, delays in data transmission, computer viruses, or failure of the IT system through which the Programme runs.
§ 12 Applicable law
- The applicable law for all services provided by the Organiser to the Programme Participants in the framework of the Programme through the Website shall be the law of the Republic of Estonia.
- Any disputes related to the services provided by the Organiser in the framework of the Programme shall be settled by competent common courts.
- A Programme Participant who is a consumer may use extrajudicial means of consideration of complaints and pursuit of claims. For information on how to access the above-mentioned dispute resolution methods and procedures, please visit the EU ODR web platform at: http://ec.europa.eu/consumers/odr/.
§ 13 Termination of participation in the Programme
- Any Programme Participant may withdraw from the Programme at any time.
- To withdraw from the Programme, the Programme Participant must send an email to: [email protected] with a declaration of will to opt out from the Programme.
- The Organiser may deprive the Programme Participant of the right to participate in the Programme, at any time and without prior notice, if the Programme Participant has not been active in the Programme, i.e. has not acquired any new Client for a period of at least 2 years, by sending them a notification to this effect to the email they have provided on the Website.
- The Organiser may temporarily suspend the participation of the Programme Participant in the Programme in the event of a legitimate suspicion of a violation of law, the Terms and Conditions, the rights of the Organiser or the rights of third parties, or principles of social coexistence or rules of morality, until such time as it has been clarified whether the violation has actually occurred.
- The Organiser may deprive the Programme Participant of the right to participate in the Programme without prior notice if the Programme Participant violates the law, principles of social coexistence, any of the Terms and Conditions or jeopardises the good name of the Organiser, by sending them a notification to this effect to the email they have provided on the Website.
- As soon as the Programme Participant opts out of the Programme or is deprived of the right to participate in the Programme, all rights and authorisations granted to the Programme Participant under the Terms and Conditions shall become null and void, and the Programme Participant shall immediately remove all Referral Links and banner ads of the Organiser.
- As soon as the Programme Participant opts out of the Programme or is deprived of the right to participate in the Programme, the Programme Participant shall be entitled only to the unpaid Commissions prior to the termination of participation in the Programme, and they shall not be entitled to any Commissions after the termination of participation in the Programme.
- The Organiser may temporarily suspend payments to ensure that the Participant is paid the amount due.
- If the Organiser permits further activity on the Exchange of the Clients referred by the Programme Participant whose participation has terminated, this shall not mean that participation in the Programme is resumed.
- Termination of participation in the Programme shall not release the Programme Participant from the liability for any violation of the Terms and Conditions prior to such termination.
§ 14 Complaint procedure
- If the Programme Participant believes that the services rendered by the Organiser in the framework of the Programme have not been performed in accordance with the Terms and Conditions, they may submit objections as set forth in this section.
- Any objections shall be made in the form of a complaint which may be submitted:
- a) in a written form by sending it to: BB Trade Estonia OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 8a, 11415 Estonia
- b) electronically by sending it to: [email protected]
- The complaint should contain:
- a) the name (login) used by the Programme Participant on the Website
- b) the objections and circumstances that provide grounds for the complaint
- c) the suggested resolution of the complaint
- Complaints shall be processed in the order of their receipt, but no later than within 14 (fourteen) days. If the complaint does not contain the information necessary for its processing, the Organiser shall request the Programme Participant to supplement it as necessary, and in this case the time limit of 14 (fourteen) days will start on the date of delivery of the corrected complaint. In justified cases, the Organiser may extend the time limit for processing of the complaint by an additional 14 (fourteen) days, which will be notified to the person submitting the complaint. In the case of third party services, the time to process a complaint may be extended by the time anticipated for the given party to process this complaint, about which the Programme Participant will be notified along with the indication of details of the party providing the service.
- The person submitting the complaint will be notified about the outcome of the complaint procedure in the same way as it was submitted.
- The Programme Participant may appeal against the Organiser’s decision concerning the complaint by writing to the Organiser’s registered address or by electronic mail at: [email protected] The provisions of paragraphs 2, 3 and 4 of this § shall apply mutatis mutandis to the appeal.
§15 Amendments to the Terms and Conditions
- The Organiser may amend these Terms and Conditions at any time, and such amendments shall take effect within the period indicated by the Organiser, with the stipulation that the effective date of the amendments may not be less than 7 days from the date on which the amended Terms and Conditions are made available to the Programme Participants.
- Any amendment to the Terms and Conditions shall be notified to each Programme Participant by email sent to the email address they provided on the Website.
- Failure to accept amendments to these Terms and Conditions shall entail termination of participation in the Programme.
- If the Programme Participant does not accept amendments to the Terms and Conditions, they should - in order to terminate their participation in the Programme - notify the Organiser to this effect, in writing or by email to: [email protected] within 7 days from the date of receipt of the email with notification of amendments to the Terms and Conditions.
- Failure to provide the notification referred to in paragraph 4 above within the specified time limit shall mean that the Programme Participant accepts the amendments made.