Terms & Conditions for Marketers (effective from 29.09.2023)
Terms and conditions for advertisers on the WhitePress platform
General provisions
These Terms and Conditions ("Regulations") set out the Regulations for the provision of the service electronically by means of the Internet Platform, located at whitepress.com (hereinafter: "Platform"), for the benefit of Internet end-users visiting the Platform who complete all legal and factual acts provided for in the Terms and Conditions (hereinafter: "Users") and who are at the same time Advertisers within the meaning of section 1.5 of the Regulations below.
The Platform brings together a database of Advertisers, Publishers, Influencers and Journalists. The database referred to in the preceding sentence is verified and updated by the Service Provider, and any change to it is not considered a change to the Terms and Conditions.
The Services are provided by WhitePress s.r.o. a limited liability company with its registered office in Slovakia, at Mlynská 27, 040 01 Košice, Slovakia, registered under the entry number: 52 416 160, TAX ID No.: 212 102 23 21, hereinafter referred to as "Service Provider".
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"Advertiser" is understood to mean a User of the Platform who is an entrepreneur whose situation is governed by these Terms and Conditions and who, within the Platform:
places an order for the service of making available the space of the portals in the Platform's portal database for the publication of sponsored articles or guest articles, in accordance with the relevant provisions of these Terms and Conditions;
places orders for the service of making available the space of the portals contained in the Platform's database of portals, in order to publish the links provided by the Advertiser, in accordance with the relevant provisions of these Regulations;
orders the development of content, including in the form of sponsored articles, guest articles or other types of content or the development of infographics, in accordance with the relevant provisions of these Terms and Conditions;
orders the implementation of influencer marketing campaigns in accordance with the relevant provisions of these Terms and Conditions;
make use of the other services and functionalities offered via the Platform, in accordance with the relevant provisions of these Terms and Conditions and the documents published on the Platform.
A "Publisher" is understood to mean a Platform User placed by the Service Provider in the Publisher database, whose situation is governed by the PUBLISHER REGULATIONS.
"Journalist" is understood to mean the Platform User placed by the Service Provider in the Journalist database, whose situation is governed by the JOURNALIST REGULATIONS.
An "Influencer" is understood to be a Platform User placed by the Service Provider in the Influencer database, whose situation is governed by the INFLUENCER REGULATIONS.
Working days within the meaning of the Regulations shall be understood as any day other than Saturday, Sunday and any other public holiday . Where the Regulations refer to "days" it shall be understood to mean calendar days.
The provisions of other documents available on the Platform website to which these Regulations refer shall form an integral part of the Regulations. If the provisions of these documents contradict the provisions of the Terms of Use, the Advertiser shall be bound by the provisions of the Terms of Use, unless the provisions of the Terms of Use or the documents to which the Terms of Use refer expressly indicate otherwise.
All Services provided on the basis of the Regulations and connected with the functioning of the Platform are intended for persons who use these Services for purposes connected with their own business activity and, at the same time, are of a professional nature for them. Whenever the Services covered by the Regulations and related to the functioning of the Platform are wished to be used by a consumer or entrepreneur for whom the Services covered by the Regulations are not of a professional nature, then agreements with such consumer or entrepreneur for the provision of the Services offered shall be concluded on individually agreed terms and conditions and these Regulations shall not be directly applicable to such consumer or entrepreneur, subject to clause 2.9 of these Regulations.
The Advertiser using the Platform is obliged to:
use the Platform in a manner that does not interfere with its functionality;
to use the Platform in a manner that is not disruptive to other Users and the Service Provider, and to refrain from any action that may cause harm to other Users of the Platform or the Service Provider;
not to provide or transmit on the Platform any unlawful content;
not to send or post unsolicited commercial information on the Platform;
to comply with the prohibition of web data extraction (web scraping) and the running of any scripts, bots or similar tools within the Platform, the Service Provider's website and all its sub-sites.
Services
The services provided by the Service Provider on the basis of these Terms and(hereinafter referred to as the Service or collectively as Services), consist in particular of making the Platform and its functionalities available, including the possibility to create an account, making communication tools available, and mediation
between Advertisers and Publishers in respect of orders placed for the provision of portal space for the publication of paid (sponsored) articles and guest articles, the publication of links or other types of content;
between Advertisers and Journalists regarding orders placed for the development of content in the form of sponsored articles, guest articles and other types of content;
between Advertisers and Influencers regarding orders placed for the implementation of influencer marketing campaigns.
The intermediation of the Service Provider, under the terms and conditions appropriate to the relevant Service, as set out in the Terms and Conditions, may consist of acting for and on behalf of the Platform User or in the Service Provider's own name but on behalf of the Platform User.
The conclusion of the contract for the provision of Services between the Advertiser and the Service Provider takes place upon the acceptance of the Regulations by the Advertiser. The scope and manner of use of the Services are specified by the Service Provider in the content of the Regulations and the documents to which the Regulations refer.
The service related to the provision of the Platform is provided when access to the Platform or its selected functionalities is obtained.
The availability of the features of the Platform selected by the Service Provider is chargeable. Their scope and chargeability are determined by the provisions of the documents on the Platform which relate to the Service in question. The conclusion of the contract for the provision of chargeable Services occurs at the time indicated by the provisions of the Regulations relating to the Service in question.
The Service Provider may introduce accessory services and extensions to the Platform, including services or extensions made available for a fee. Changes to the Platform, consisting of the addition, deletion or change of functionality, do not require an amendment to the Terms and Conditions.
Proper use of the Platform is possible using a PC, Mac or similar computer connected to the Internet, equipped with an operating system (Windows, Mac OS, Linux or similar) and a web browser (Microsoft Edge, Firefox, Chrome, Opera, Safari). Some services and tools may require access to an email account, and use of particular Services requires JavaScript unless otherwise noted.
When using the Platform, cookies are installed on the User's computer system. The Regulations for the use of cookies are set out in the PRIVACY POLICY.
If the Advertiser is a consumer or an entrepreneur for whom the use of the Services is not of a professional nature (hereinafter: Advertiser-consumer), the contract between the Service Provider and the Advertiser-consumer shall be concluded on terms and conditions determined individually, with the reservation that the provisions of the Regulations and the documents to which the Regulations refer shall apply to the Advertiser-consumer with regard to prices and - depending on individual arrangements - accordingly in the remaining scope.
Account registration on the Platform
A Registered User of the Platform is a User who, after accepting the Terms and Conditions, completes the registration procedure on the Platform, ending with the successful creation of an account.
The registration procedure consists of filling in an electronic registration form, accepting the Regulations and agreeing to the scope indicated by the Service Provider and reading the PRIVACY POLICY. Acceptance of the Regulations is voluntary but necessary in order for the Advertiser to create an account and use the Services. With the acceptance of these Regulations by the Advertiser, an agreement is concluded between the Advertiser and the Service Provider on the Services provided by the Service Provider, the principles of use of the Platform and its functionality (its accessibility).
As a result of registration on the Platform, the Advertiser is assigned an account. Additional sub-accounts may be created for the Advertiser's account, in which case the Advertiser is responsible for the use of the Platform at the level of the individual sub-accounts in the same way as for the main account.
The Advertiser declares that, with regard to the material (including sponsored articles, guest articles, images used within the aforementioned articles and any other content) provided by the Advertiser as part of or for the purposes of the publications ordered by the Advertiser using the functionality of the Platform:
will hold, to the extent necessary, the copyright and related rights or licences in these materials;
the use of such material for the purpose of performing the contract does not infringe on the personal or proprietary copyrights of third parties;
will have all the necessary permissions to disseminate the image of the persons indicated in these materials;
the use of such material will not infringe the industrial property rights of a third party and, in particular, will not infringe any trademark protection rights or reputable trademarks, will not constitute an act of unfair competition, a case of prohibited advertising, or any other infringement of the brand, reputation or interests of another entrepreneur, and will not constitute a violation of the law, good morals, principles of social coexistence or the legitimate interests of third parties.
It is prohibited for an Advertiser to act to the detriment of other Users of the Platform, or to undertake actions which may potentially result in damage to other Users of the Platform. The prohibition referred to in the preceding sentence includes, in particular, actions such as: posting unnatural links to published articles (or other social media posts), stirring up unnatural comments under published articles, directing unnatural traffic to published articles; regardless of the purpose the Advertiser wishes to achieve by undertaking actions of this kind.
The Advertiser's account on the Platform may be deleted or suspended by the Service Provider without any prejudice if the Service Provider determines that:
the Advertiser is in breach of the Terms and Conditions, including the provisions of law referred to in the Terms and Conditions;
the Advertiser fails to fulfil its obligations in a proper manner, in particular if the Advertiser is more than 14 days late with the payment of the ordered Service;
the data provided by the advertiser is false or incomplete;
the Advertiser has not logged in to the Platform for a cumulative period of 12 months since the last login; if the interruption lasts longer than 3 months, the account may be suspended.
The Advertiser's account may be temporarily suspended, which will prevent the Advertiser from using the Services, if the Advertiser, is more than 7 days late with the payment of the ordered Service.
The reinstatement of an Advertiser's account that has been suspended or, the unblocking of an Advertiser's account that has been blocked by the Service Provider, requires the rectification of the violations referred to in clause. 3.6 or sec. 3.7 of the Regulations above, and the consent of the Service Provider, who is not obliged to grant it. If the reason for the liquidation or suspension of the Advertiser's account is a delay in payment for the ordered Services, the condition for the reinstatement of the Advertiser's account is the payment of the delayed payment with statutory interest for delay in commercial transactions.
Placing of orders and conclusion of contracts
The Platform allows Users registered as Advertisers to conclude contracts with the Service Provider on the subject:
ordering the development of sponsored articles, guest articles or other content by Users registered on the Platform as Journalists - the detailed conditions for the conclusion and execution of the agreement are set out in these Terms of Use and in the JURNALIST REGULATIONS;
ordering the development of sponsored articles or guest articles by Users registered on the Platform as Publishers - the detailed conditions for the conclusion and performance of the agreement are set out in the Regulations and in the Publisher's offer, with the proviso that if the Publisher's offer contains terms different from those set out in the Regulations, the Service Provider is not liable for the Publisher's performance of the terms offered;
ordering the service of making available the portal space of a Publisher registered in the Platform Publishers Database in order to publish sponsored articles or guest articles - the detailed terms and conditions of concluding and performing the agreement are set out in these Regulations and in the PUBLISHER REGULATIONS;
ordering the service of providing access to the portal area of a Publisher registered in the Publishers Database of the Platform in order to publish links - detailed conditions for the conclusion and performance of the agreement are set out in these Regulations and in the PUBLISHER REGULATIONS;
ordering of the service of modification of published articles - detailed conditions for the conclusion and execution of the contract are set out in these Terms and Conditions and in the PUBLISHER REGULATIONS;
ordering of publication statistics;
ordering the execution of influencer marketing campaigns - detailed conditions for the conclusion and execution of the agreement are set out in these Terms and Conditions and the INFLUENCER REGULATIONS;
other services offered by the Service Provider through the Platform, not listed above.
In the case of provision by an Advertiser of any content for publication (in particular: sponsored articles, guest articles, links, graphics and others), the Advertiser ensures that such content provided for publication complies with the provisions of the law, in particular in terms of content and in terms of admissibility of publication, as well as that the Advertiser holds the relevant rights to use and dispose of and distribute the content in question, and, if these rights belong to third parties, has obtained the relevant legally required consents for the use and disposal, including distribution of the content in question. The Service Provider is not obliged to verify that the content provided does not infringe rights and that the Advertiser has the relevant rights to use such content. The Advertiser is fully responsible for the possible consequences of publishing content in violation of the provisions of the applicable law or the rights of third parties. The Service Provider is not responsible for the possible consequences of publishing content in violation of the provisions of the applicable law or the rights of third parties.
In the event that the Advertiser provides any guidelines for publication or creation of Content (in particular: sponsored articles, guest articles, links), the Advertiser shall ensure that such guidelines comply with the law, in particular with regard to the content and admissibility of the publication, and that, as a result of the publication carried out in accordance with the guidelines of the Advertiser, no violation of the law or personal rights of persons or third parties occurs, in particular with regard to prohibited advertising or acts of unfair competition. The Service Provider is not obliged to verify the guidelines provided by the Advertiser. The Advertiser is fully responsible for the possible consequences of a publication made on the basis of the guidelines provided, if the illegality of the publication is the result of guidelines provided by the Advertiser in violation of the provisions of the applicable law or the rights of third parties.
In the case of commissioning the preparation of the Content on the Advertiser's order (in particular: a sponsored article, a guest article, an infographic), the Advertiser, after submitting the Content prepared by a Journalist for acceptance, is obliged to verify the Content in terms of its compliance with the binding provisions of law, including regulations concerning unfair competition, as well as good manners. Acceptance of such Content by the Advertiser is tantamount to confirming that the verification referred to in the preceding sentence has been performed by the Advertiser. An Advertiser, accepting the Content, assumes responsibility for possible violations of law, as well as violations of goods or interests of persons or third parties, resulting from the publication of the Content accepted by an Advertiser.
In the event that claims are made against the Service Provider or legal or administrative proceedings are initiated against the Service Provider in connection with any of the Services performed to the Advertiser's order using the content or guidelines provided by the Advertiser, the Advertiser shall be obliged to assume the claims made against the Service Provider, to join the pending proceedings and/or to reimburse any costs incurred by the Service Provider in connection with such claims or proceedings and to compensate the Service Provider for any damage caused.
Before concluding the contract within the Platform's functionalities, which takes place at the moment indicated by the relevant provisions of the Regulations, the Advertiser is obliged to confirm the correctness of the order placed.
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The conclusion of the contract and its terms and conditions shall be recorded by means of an email sent to the Parties as part of the functionality of the Platform.
None of the contracts provided for by the Regulations, concluded between the Advertiser and the Service Provider through the use of the functionality of the Platform, may be concluded by implication.
The Service Provider provides the Advertiser with metrics concerning the Publishers' portals and the Influencers' social media profiles. These data come from Publishers or Influencers or are downloaded from external services when the respective Publisher's portal or Influencer profile is added to the Platform. The Service Provider endeavours to verify this data periodically at different intervals, but does not guarantee or accept any responsibility for its correctness or timeliness on a given day.
Sponsored articles (paid)
Sponsored articles (hereinafter referred to as "sponsored articles" or "paid articles") means texts (together with other works attached) advertising the Advertiser's product, company or service or other texts of an informative nature.
When submitting a sponsored article for publication, the Advertiser shall specify whether it is unique content, i.e. previously unpublished on the Internet, or whether it is content previously published on the Internet. Such designation must be unambiguous and will be visible on the Platform to both the Service Provider and potential Publishers.
If an Advertiser submits a paid article to the Service Provider in order to fulfil an order for its publications, the Service Provider has the right, but not the obligation, to verify that the paid article meets the condition of uniqueness. This verification may be done in particular on the basis of the CopyScape tool or others. In the event that a paid article is not characterised by uniqueness and at the same time the Advertiser has not indicated the lack of uniqueness in the form when adding the paid article, the Service Provider may refuse to accept the order for publication of such article.
A paid article may contain active links to the Advertiser's sites. The number and type of links allowed depends on the Publisher's offer, and the information in this respect is visible to the Advertiser on the Platform, in the relevant tab with a selection of active Publishers' offers.
The publisher's obligations in relation to the provision of portal space and the publication of paid articles are set out in the PUBLISHER REGULATIONS.
It is the Advertiser's responsibility to familiarise himself with the information provided by Publishers which relates to the Regulations governing the provision of portal space and the publication of paid articles. This information, visible on the pages of the Platform, may specify, in particular:
technical and content requirements for published paid articles;
examples of reasons why a publisher may decline an offer to publish a paid article.
Placing an order by an Advertiser signifies acceptance of the terms and conditions of making the portal space available for the publication of a paid article resulting from the Publisher's offer, these Regulations and the PUBLISHER REGULATIONS. In particular, the Advertiser accepts that the published article will be marked by the Publisher as sponsored content or in another equivalent manner. The Service Provider shall not be liable to the Advertiser if the Advertiser's claim arises from the fact that the Advertiser is not familiar with the terms and conditions of the Publisher's offer.
Placing an order by an Advertiser constitutes the basis for the Service Provider to collect remuneration and authorises the Publisher to publish a paid article on a selected portal in order to fulfil the contract concluded in this respect between the Advertiser and the Service Provider.
The Advertiser shall ensure that the paid article submitted for publication complies with the law, both with regard to its content and admissibility for publication, and that the Advertiser is entitled to the rights to the content and other forms of media used within the framework of such article (in particular: pictures, graphics, infographics, etc.).
The Service Provider is not obliged to verify whether the provided sponsored articles, including the potential legal consequences of their publication, do not violate the applicable provisions of law, both in terms of content, admissibility of publication, ownership of rights to the content and other forms of media used by the Advertiser or by order of the Advertiser within the published sponsored article (such as photographs, graphics, infographics, etc.). The Advertiser shall be held liable for any possible violations of the law caused by the publication of the sponsored article. In the event that any claims are made against the Service Provider or any court or administrative proceedings are initiated against the Service Provider in connection with the publication of a sponsored article carried out on behalf of the Advertiser, the Advertiser is obliged to take over the claims made against the Service Provider, join the pending proceedings and/or reimburse all costs incurred by the Service Provider in connection with such claims or proceedings and compensate the Service Provider for the damage caused. The Service Provider's liability referred to in the preceding sentence shall include, in particular, liability for infringement by the content, subject matter or links included in a published sponsored article of applicable regulations concerning the products or services whose advertising is prohibited.
The Advertiser acknowledges that the publication of a paid article prepared by the Publisher does not result in the acquisition by the Advertiser of any author's economic rights to the ordered article.
The remuneration for making portal space available for the publication of a sponsored article is specified on the Platform, next to the Publisher's respective offer. As a rule, the remuneration is payable to the Service Provider on the basis of a VAT invoice issued by the Service Provider, at the latest at the moment of placing an order by the Advertiser, with the payment of the remuneration being made through the collection of funds from the Advertiser's account on the Platform, using the relevant functionality of the Platform. The provisions of sec. 12 of the Regulations shall apply.
Once the payment has been collected from the Advertiser, the Service Provider, through the functionality of the Platform, orders the provision of portal space to the Advertiser for the publication of a sponsored article by the Publisher, provided that the following conditions are met:
the content of the sponsored article is ready and available on the Platform for the Publisher's review, including attachments, structure, layout of links (except in the case where the Advertiser's order is the development of a sponsored article by the Publisher);
the content of a sponsored article submitted for publication is unique, unless otherwise stated;
the sponsored article meets the selected technical conditions indicated by the publisher;
the sponsored article complies with the requirements set out in these Regulations;
the Advertiser has complied with all requirements of the Terms and Conditions related to the service of making portal space available for the publication of a sponsored article.
The Service Provider shall communicate the order to the Publisher no later than 2 working days after receipt of the Advertiser's order.
The Advertiser acknowledges that the provision of portal space to the Publisher for the publication of a sponsored article is subject to the prior approval of the Publisher and the Publisher has the right to refuse to provide portal space without giving any reason. For the avoidance of doubt, any representations made by the Service Provider with respect to the publication of a paid article relate only to the Service Provider's verification, within the framework of the Services provided by the Service Provider as referred to in para. 2.1 of these Terms and Conditions, of the potential possibility of publication, and do not constitute any form of promise to publish made on behalf of the Publisher, nor do they constitute a guarantee by the Service Provider of the publication of a paid article by the Publisher.
The conclusion of a contract with regard to the provision of portal space and the publication of a paid article shall take place at the time of placing an order by the Advertiser, subject to clause. 5.18 of the Regulations below.
An Advertiser is authorised to communicate directly with a Publisher only through the functionalities of the Platform and only for the purposes connected to the fulfilment of the order granted. The Service Provider reserves the right to interfere in the course of communication between the Advertiser and the Publisher in order to ensure the efficient course of the order and compliance with the Regulations.
The Service Provider commissions the Advertiser's contract for the publication of the article to the Publisher whose portal was indicated by the Advertiser in the order placed. As a rule, the Publisher is obliged to publish the article within 3 working days from the date of receiving the order for publication, unless a different publication deadline is specified in the Publisher's offer or the Advertiser's order. If the order is not fulfilled by the Publisher within the time limit indicated in the preceding sentence, the contract concluded between the Advertiser and the Service Provider shall be terminated and the Service Provider shall, within 7 working days from the date of the order, return to the Advertiser the funds taken from the Advertiser's account, in accordance with para. 5.12 of the Regulations.
In connection with the provision of space on the Portal to the Publisher and the publication of a paid article, the Service Provider, through the automated functions of the Platform, requests the Publisher to indicate on the Platform that the space on the Portal has been made available and that the requested publication has been carried out. Marking" in the aforementioned sense means that the Publisher indicates the Internet address of the sub-page on the Portal on which the article has been published. Marking has the effect of automatically notifying the Advertiser through the Platform or sending information to the Advertiser by e-mail about the fulfilment of the order for the publication of the paid article.
Once a paid article has been published and marked on the Platform, the Advertiser verifies the fact that portal space has been made available and the correctness of the publication, while the Service Provider has the right but not the obligation to do so. Verification of publication consists in verifying the compliance of the provision of portal space to the Publisher and the publication of the sponsored article with the agreement concluded in this respect. Verification by the Advertiser must take place no later than 2 working days from the date of marking on the Platform the fact of publication by the Publisher. Failure to approve the publication by an Advertiser within the specified period entitles the Service Provider to approve the publication on behalf of an Advertiser, which is tantamount to a loss of the Advertiser's right to make comments and corrections to the executed publication.
If an Advertiser fails to verify the publication of an article within 2 working days from the identification of the fact of making the portal space available and publication by the Publisher, it shall be deemed that the Paid Article has been published correctly and, consequently, any subsequent changes to the publication made by an Advertiser may be treated as an offer to conclude an agreement to modify the published article, in accordance with the provisions of clause. 9 of the Regulations, which may be associated with additional costs for the Advertiser.
If, in accordance with the Publisher's offer accepted by the Advertiser, it is the Publisher who prepared a sponsored article, the Advertiser shall be obliged to accept the prepared article or submit comments or amendments within 2 business days of the date of submission of the sponsored article by the Publisher - in this respect, the provisions of clauses 5.19, 5.20, 5.21 and 8.12 of the Regulations shall apply accordingly.
In the event of: (i) failure to make portal space available, (ii) publication of a paid article by the Publisher in a manner inconsistent with the contract, or (iii) delay in making portal space available and performing the publication, the Service Provider, together with the Advertiser, shall decide whether:
the Publisher shall make the portal space available in accordance with the agreement in the case referred to in (i) or (iii) above;
the Publisher shall amend the content of the publication - in which case the Service Provider and the Advertiser shall determine the date and extent of the amendment - in the case referred to in (ii) above;
the Service Provider withdraws from the contract with the Contractor as a result of the Advertiser withdrawing from the contract concluded with the Service Provider, in whole or in part; in such a case, the publication price paid by the Advertiser shall be refunded adequately to the extent of the withdrawal - which is possible in each of the cases set out in (i) - (iii) above.
If, as a result of the non-compliance of the Service with the contract, one of the circumstances referred to in para. 5.23 of the Terms and Conditions above, the Advertiser shall make any claims on this account against the Publisher. To this end, the Service Provider is obliged to take all steps to enable the Advertiser to assert claims against the Publisher, including assigning all rights on this account and providing the Publisher's address and contact details. These claims may not, however, exceed the amount of remuneration agreed for the publication in question.
Within the framework of the remuneration provided for in the contract, the Publisher shall make available the portal space and maintain the publication of the paid article for a period of 12 (twelve) months in unchanged content, unless:
the Publisher's offer accepted by the advertiser expressly stipulates a different period for holding the publication on the portal;
one of the circumstances indicated in clause. 5.25 of the Regulations;
the Advertiser will purchase the Publisher's 36 MONTH GUARANTEE service for the publication.
At the same time, the provision of portal space by the Publisher and maintaining the publication of a sponsored article for a period longer than the contractual period shall not constitute a breach of contract.
The period during which the portal space is made available for the publication of a paid article may be reduced, without the right to make any claim against the Service Provider or the Publisher, including the reimbursement of remuneration or the claim for damages, in the event that:
the publication has been removed on the grounds that its content or form violates the law or there was a reasonable suspicion of an infringement of the law;
the publication was removed because it infringed the rights of third parties or there was a reasonable suspicion that it infringed the rights of third parties;
the publication has been removed at the request of the Advertiser or Service Provider, in accordance with clause 5.27 of the Regulations;
the Advertiser acted knowingly to the detriment of the publisher, e.g. by linking the article unnaturally;
the Advertiser has breached the provisions of these Terms and Conditions that relate to its obligations after the date of publication;
the removal of the article is a consequence of force majeure;
the Publisher has terminated the portal whose space was the subject of the agreement and is not continuing with another portal.
At the request of the Advertiser, the Service Provider may request the Publisher to remove a paid article in advance. In the event of such a request, the Service Provider, exercising due professional diligence, is obliged to take the necessary measures to ensure that the Publisher removes the paid article from the portal, the surface of which is the subject of the concluded contract, within 3 working days of receiving the Advertiser's request, the indicated deadline being an instructional deadline and exceeding it shall not result in the Service Provider's liability.
The Publisher has the right to change the internet address of the provided portal area with the paid article during the publication period referred to in para. 5.25 of the Terms and Conditions. In the event of a change of address or domain, this should be done with a 301 redirect. Such a change will not be considered a breach of the Regulations for the provision of portal space and the publication of the paid article.
In the event that the Publisher has received a manual filter "Unnatural links from your site" or an analogous filter (from Google) concerning the portal on which the commissioned publication of the sponsored article took place, the Publisher may change the link attribute of the article to nofollow. Such action will not be considered a breach of the agreement concluded with regard to the provision of portal space and the publication of the paid article, provided that the Publisher demonstrates this by sending the Service Provider a relevant document confirming the receipt of such a filter.
If, in accordance with these Terms and Conditions, there is a basis for a refund to the Advertiser (in whole or in part) and the Service Provider does not receive an adequate refund of the remuneration paid to the Publisher within 10 working days from the date on which the basis for the refund occurred (in whole or in part, as the case may be), the Service Provider will withhold a refund of that part of the remuneration to the Advertiser, and the Advertiser will have the right to claim reimbursement of the costs of making the portal space available and publishing the article only directly from the Publisher for the part that constituted the Publisher's remuneration. To this end, the Service Provider is obliged to take all steps to enable the Advertiser to exercise this right, in particular to assign all rights in this respect and to make available the address and contact details of the Publisher.
The Advertiser undertakes not to contact the Publisher, bypassing the Service Provider, regarding the provision of portal space and the publication of paid articles to be or have been published via the Platform, as well as regarding other services provided through the use of the Platform, except in the cases expressly permitted by the Regulations.
In special situations, the Service Provider reserves the right to charge additional fees for non-standard activities, even if these are not provided for in the Platform or the contract for the provision of portal space for the publication of a sponsored article, if they are the fault of the Advertiser or were carried out at the request of the Advertiser.
Guest articles
Guest articles are unique texts (and their appendices) provided by a merchant, which have not yet been published on the internet, are of a professional nature, are not directly of an advertising nature and contain a brand link or a URL in the form of a footer under the content. Guest articles that have previously been subject to a publishing agreement may not be subject to a subsequent agreement for portal space and publication. By submitting a guest article, the Advertiser declares and confirms that it is unique and previously unpublished content.
The Publisher's obligations in relation to the provision of portal space for the publication of guest articles are set out in the PUBLISHER REGULATIONS.
By submitting a guest article for publication, the Advertiser confirms that it is unique content. Such designations must be unambiguous and will be visible on the Platform to both the Service Provider and potential Publishers. In the event that the Advertiser intends to commission the preparation of a guest article, then the Regulations of intermediation by the Service Provider for this Service are defined in para. 9 of the Regulations.
The Service Provider has the right to verify the Advertiser's assertion as to the nature of the guest article. In the event that the Service Provider does not agree with this qualification, it may consider it to be a paid article to which the provisions of para. 5 of the Terms and Conditions, or refuse to accept this material on the Platform at all, in particular if the Service Provider does not agree with the reclassification of such article.
If an Advertiser submits a guest article to the Service Provider, the Service Provider has the right, but not the obligation, to verify that such article is unique. This verification may be carried out in particular on the basis of the CopyScape tool or others. In the event that a guest article is not characterised by uniqueness, the Service Provider may not allow the article to be submitted to the Publisher.
The Advertiser guarantees that: (a) the guest article and the links contained therein comply with the law, both in terms of their content, permissibility of publication or linking, and that: (b) he will own the rights to the content and other forms of media used (photos, graphics, etc.) in respect of this article.
The Service Provider is not obliged to verify whether the submitted guest articles (and the consequences of their subsequent publication) do not infringe the law, both in terms of their content, linking, permissibility of publication or linking, as well as the ownership of the rights to the content and other forms of media used (photos, graphics, etc.) by the Advertiser. The Service Provider is not responsible for possible infringements of the law caused by guest articles submitted by the Advertiser for publication.
A link in a guest article which complies with the requirements set out in 6.7 may only appear in the author's footer, the content of which may not bear the hallmarks of advertising and is intended solely to provide information about the provider of the content. The link must comply with the law, in particular it must not infringe the copyright of the author/other third party who owns the copyright in the content to which the link refers, may only appear in the form of a URL or company name and may not additionally contain keyword linking. Additional linking with the nofollow attribute to information provided by public institutions (such as official letters and legal acts) and scientific publications (dictionaries, scientific studies) is permitted. Guest articles, even of an expert nature, are not considered scientific publications.
The platform provides Publishers with a database of guest articles. The Publisher has access to part of the content of the article before its publication. The advertiser agrees that the publisher may review the content of the article before publication.
It is the Advertiser's responsibility to familiarise himself with the information provided by the Publishers which relates to the Regulations for the publication of guest articles and which can be seen on the pages of the Platform.
If, in connection with the provision of portal space and the publication of a guest article, the Advertiser wishes to impose its publication requirements on the Publisher, it should, on pain of invalidity, describe them in detail on the Platform next to the guest article to which they relate. These requirements may relate to:
popularity, subject matter, technical parameters of the Publisher's portal to publish the article;
exclusion of portals indicated by the Advertiser, including due to their content, opinions about the site or non-acceptance of the publication conditions offered on such a portal by the Publisher;
other conditions of publication;
the costs of collection of the article in the amount of the handling fee payable to the Service Provider as referred to in paragraph 6.13 of the Regulations below. These costs may be "EUR 0" if they were incurred by the Advertiser. If the handling fee has not been borne by the Advertiser, the Publisher shall pay the amount indicated in accordance with the provisions of the PUBLISHER REGULATIONS before downloading the guest article.
The article meets the requirements for guest articles according to of para. 6.1 of the Regulations, then by virtue of making portal space available and publishing the guest article, the Advertiser shall not be obliged to pay the Publisher any remuneration in connection with such publication, other than the payment of a processing fee to the Service Provider, unless such fee, pursuant to Rule 6.12(d) above, is to be charged to the Publisher who publishes such article.
The contract for the provision of portal space and the publication of the guest article is concluded when the Publisher downloads the article from the pages of the Platform in order to publish it. Under this contract, the publisher is entitled to publish the guest article on a single publisher portal. The downloading of the guest article does not entail the acquisition by the Publisher of any copyright in the article in question, nor any licence to use the article other than to the extent necessary to fulfil the publication contract.
Pursuant to the provisions of these Bylaws and the PUBLISHER REGULATIONS, the Publisher, when deciding to download and publish a guest article (in which case he/she receives its full content and attachments), is obliged to publish it on the made available area of the portal in an essentially unchanged content (only minor changes are allowed if they do not change the substantive message of such article, such as stylistic or grammatical changes or correction of spelling errors) within 3 working days from the moment of its download, under the conditions specified in the requirements of the Advertiser referred to in para. 6.12 of the Terms of Use and under the terms of the Terms of Use and of the ADVERTISER REGULATIONS.
In connection with the provision of portal space and the publication of a guest article, the Service Provider, through the automated functions of the Platform, requests the Publisher to indicate in the Platform system that the provision of portal space and the execution of the agreed publication has taken place. Designation" in the aforementioned sense is understood to mean the fact that the Publisher provides the Internet address of the sub-page of the Portal on which the article has been published. Marking has the effect of automatically notifying the Advertiser through the Platform or sending an e-mail to the Advertiser of the completion of the order for the publication of the guest article.
Once a guest article has been published and marked on the Platform, the Advertiser verifies the fact that portal space has been made available and the correctness of the publication, while the Service Provider has the right, but not the obligation, to do so. Verification of publication consists in verifying the compliance of the provision of portal space to the Publisher and the publication of the guest article, with the agreement concluded in this respect. Verification by the Advertiser must take place no later than 2 working days from the date of marking on the Platform the fact of publication by the Publisher. Failure to approve the publication by an Advertiser within the specified period entitles the Service Provider to approve the publication on behalf of the Advertiser, which is tantamount to the loss of the Advertiser's right to make comments and corrections to the executed publication.
In the event that the Advertiser fails to verify the publication of the article within 2 working days of the indication of the fact that the portal space has been made available and the publication by the Publisher, the Guest Article is deemed to have been published correctly.
In the event of: (i) failure to make portal space available, (ii) publication of a guest article by the Publisher in a manner inconsistent with the contract, or (iii) delay in making portal space available and performing the publication, the Service Provider, together with the Advertiser, shall decide whether:
the Publisher shall make the portal space available in accordance with the agreement in the case referred to in (i) or (iii) above;
the Publisher shall amend the content of the publication - in which case the Service Provider and the Advertiser shall determine the date and extent of the amendment - in the case referred to in (ii) above;
the Service Provider shall withdraw from the contract with the Publisher as a result of the Advertiser withdrawing from the contract with the Service Provider, in whole or in part; in such a case, the handling fee paid by the Advertiser shall be reimbursed adequately to the extent of the withdrawal - which is possible in each of the cases set out in (i) - (iii) above.
If, as a result of the non-compliance of the Service with the contract, one of the circumstances referred to in para. 6.19 of the Terms and Conditions above, the Advertiser shall make any claims on this account against the Publisher. To this end, the Service Provider is obliged to take all measures to enable the Advertiser to assert claims against the Publisher, including assigning all rights on this account and providing the Publisher's address and contact details.
As part of the contractual service, the Publisher shall make available the portal space and maintain the publication of the guest article for a period of at least 12 (twelve) months with unchanged content.
The period of access to the portal area and the publication of the guest article may be reduced without the right to make any claim against the Service Provider or the Publisher in the event that:
the publication has been removed on the grounds that its content or form violates the law or there is a reasonable suspicion that it violates the law;
the publication was removed because it infringed the rights of third parties or there was a reasonable suspicion that it had infringed the rights of third parties;
the publication has been removed at the request of the Advertiser or Service Provider, in accordance with clause 5.27 of the Regulations;
the Advertiser acted knowingly to the detriment of the publisher, e.g. by linking the article unnaturally;
the Advertiser has breached the provisions of these Terms and Conditions that relate to its obligations after the date of publication;
the removal of the article is a consequence of force majeure;
the Publisher has terminated the portal whose space was the subject of the agreement and is not continuing with another portal.
If a guest article has been downloaded by a given Publisher whose portal has not been excluded under the Regulations described in clause 6.12(b) of the Regulations and meets the other requirements referred to in clause. 6.12 of the Regulations, then the Advertiser, before the expiry of the period indicated in sec. 6.21 of the Regulations and Regulations, the Advertiser may not request the removal of the publication from the Publisher's portal.
At the request of the Advertiser, the Service Provider may request the Publisher to remove the guest article. If such a request is made, the Service Provider shall, with due professional diligence, take the necessary steps to ensure that the Publisher removes the guest article within 3 working days of receiving such information. If the removal of the guest article takes place in this manner (which the Publisher is entitled but not obliged to do), then the Advertiser shall not be entitled to claim a refund of all or part of the remuneration paid therefor.
The Publisher has the right to change the internet address of the shared space on the portal with the published article, but should use a 301 redirect. Such a change will not be considered a violation of the Regulations for sharing space on the portal and publishing the guest article.
In the event that the Publisher has received a manual filter "Unnatural links from your site" or an analogous filter (from Google) concerning the portal on which the commissioned publication of the guest article took place, the Publisher may change the attribute of the links in the article to nofollow. Such action will not be considered a breach of the agreement concluded for the provision of portal space and the publication of the guest article, provided that the publisher demonstrates this by sending the Service Provider an appropriate document confirming the receipt of such a filter.
The Publisher has the option of requesting guest articles. Such information is disseminated through the Platform to the Advertisers. If the Advertiser prepares a guest article according to the request, the Publisher is informed of this through the relevant functionalities of the Platform. The Publisher makes the final decision as to whether he publishes the article provided by the Advertiser, which means that he may also refuse to publish it, without having to give a reason.
The Advertiser undertakes not to contact the publisher bypassing the service provider with regard to the provision of portal space and the publication of guest articles, as well as with regard to other services carried out through the use of the Platform, which are to be or have been published through the Platform, except in the cases expressly permitted by the Terms and Conditions.
The guest article ordering service may not be available on the Platform for all markets, which means that for a particular country or language of publication it may not be possible to place an order for the publication of a guest article. The availability of the service in individual markets is at the discretion of the Service Provider.
Publication of links on the portal
The platform allows Users registered as advertisers to conclude agreements with the Service Provider on the provision of space on Publishers' portals for the publication of links (hereinafter also: link publication service).
As part of the functionality of the Platform, the Publisher generates a link publication offer (hereafter also: link offer), containing at least the following information:
link type;
time of publication;
link parameter;
the method of linking - at your choice:
linking the indicated phrase in the content;
adding short content with a link;
adding a sub-linked statement at the end of the article such as "In collaboration with [...]")
the offer price;
comments on the offer.
The Service Provider, via the Platform, orders, on behalf of the Advertiser, the provision of portal space to the publisher for the publication of a link, whereby the order placed for the publication of a link, in accordance with the Publisher's offer, may relate to:
publishing a link in previously published editorial articles, while ensuring that the link is contextualised to the subject of the publication;
publication of the link in dedicated sections of the Publisher's portal (category pages, homepage, dedicated subpages),
publication of a site-wide link (on all pages of the Publisher's portal).
The Advertiser, through the Platform, submits the link to be published on the Publisher's portal. The Advertiser shall ensure that the link submitted for publication complies with the law, and the Service Provider is not obliged to verify whether the publication of the Advertiser's link is lawful. The Advertiser is responsible for the possible consequences of publishing a link in violation of the provisions of the applicable law. The Service Provider is not responsible for the possible consequences of publishing a link in violation of the provisions of the applicable law.
Before concluding the contract within the functionality of the Platform, which occurs at the moment indicated in sec. 7.7 of the Regulations below, the Publisher and the Advertiser are obliged to confirm the correctness of the order placed by the Advertiser for the publication of a link on the portal surface and the Publisher's declaration of acceptance of the order, including the linking guidelines indicated by the Advertiser at the stage of placing the order.
If an Advertiser or Publisher, before concluding a contract with the Service Provider, confirms to the Publisher or Advertiser respectively the receipt of the offer, which may also take place automatically through the functionality of the Platform, such confirmation does not result in the conclusion of a contract between the Advertiser and the Publisher, but only has the effect that the offer binds the person making the offer.
The conclusion of the agreement between an Advertiser and a Service Provider in respect of making the portal space available for the publication of a link ordered by an Advertiser takes place at the moment of acceptance of the Advertiser's order by a Publisher, i.e. at the moment of publication of the link by a Publisher, subject to point. 7.10 of the Regulations below.
The conclusion of the contract and its terms and conditions shall be recorded by means of an email sent to the Parties as part of the functionality of the Platform.
The Advertiser undertakes not to contact the publisher, bypassing the service provider, with regard to the provision of portal space and the publication of the link, as well as with regard to other services provided through the use of the Platform, except in the cases expressly permitted by the Regulations.
The affiliate must publish the link within 3 working days of placing the order to publish the link from the Platform. If the link is not published and at the same time the Publisher does not notify the Service Provider of its refusal to publish the link within 3 working days from the date of the link download, the Publisher is deemed to have accepted the order, which results in the conclusion of the contract in accordance with clause 7.7 of the Terms and Conditions above and the Publisher's possible liability to the Service Provider in connection with the undue performance of the contract.
As part of the Platform's functionality, no later than 24 hours after the publisher publishes the link, the publisher must indicate on the Platform that the portal space has been made available and that the agreed publication has been made available. The term "designation" in the aforementioned sense refers to the fact that the publisher states the Internet address of the sub-page of the portal on which the link has been published. Marking has the effect of automatically notifying the Advertiser through the Platform or sending information to the Advertiser by e-mail about the fulfilment of the order for publication of the link.
Once the link has been published and marked on the Platform, the Advertiser verifies the fact that the portal has been made available and the correctness of the publication, with the Service Provider also having the right, but not the obligation, to carry out the verification. The verification consists of checking the compliance of the provision of the portal and the publication of the link with the order placed and the agreement concluded in this respect.
The verification referred to in para. 7.12 of the Regulations above, must be made no later than 2 working days from the date of marking the publication of the link by the Publisher. If the Advertiser fails to verify the publication of the link within 2 working days from the date of marking the publication by the Publisher, the publication is deemed to have been made correctly and the Service Provider is authorised to accept the publication made by the Publisher on behalf of the Advertiser, which is tantamount to the Advertiser losing the right to make comments and corrections to the publication made.
To the extent not covered by the provisions of this clause. 7 of the Terms and Conditions, including with regard to the execution of payments for orders for the publication of links and cases of non-performance or undue performance of the contract, the provisions of sec. 5 of the Terms and Conditions.
Development of articles and infographics
As part of the Service consisting of the publication of articles (sponsored articles or guest articles), the Advertiser may provide articles at its disposal or order their preparation through the Service Provider, which then provides the Advertiser with their publication, according to the Regulations described in clause 5 or sec. 6 of the Regulations. The Advertiser may also order through the Service Provider the preparation of an article or infographic (hereinafter: "Content") for purposes other than publication.
When Content is ordered by the Advertiser:
the Advertiser specifies the type and guidelines for the Content to be ordered and provides any additional information and comments;
the Advertiser shall bear the cost of the remuneration for the preparation of the Content in accordance with the current price list available on the Platform.
The Advertiser may also order the development of Content which are articles within one of the article packages offered by the Service Provider. The deadline for the package service, as well as its cost, depends on the type of package ordered by the Advertiser and is each time specified in the Platform next to the description of the given package.
The Advertiser assures that the data and other elements provided as part of the order will comply with the law, both in terms of their content and their admissibility for publication, and that in the event of the provision of any works as part of the order (photographs, graphics, etc.), he will have the relevant rights to use them, including the right to change, modify and distribute them.
The Service Provider is not obliged to verify whether the materials or other works provided by the Advertiser for the preparation of the commissioned Content do not infringe the law, both with respect to their content, the admissibility of their publication and the possession by the Advertiser of the relevant rights or permissions for their use. The Advertiser shall be liable for any infringements of the law caused by the guidelines or finished works or parts thereof provided by the Advertiser as part of the order for the preparation of the Content. In the event that any claims are made against the Service Provider or any judicial or administrative proceedings are initiated against the Service Provider in connection with any use of the Content created to the Advertiser's order, the Advertiser is obliged to assume the claims made against the Service Provider, to join the pending proceedings and/or to reimburse any costs incurred by the Service Provider in connection with such claims or proceedings and to compensate the Service Provider for any damage caused to the Service Provider. The Service Provider's liability referred to in the preceding sentence shall include, in particular, liability for any violation by the ordered Content of applicable regulations concerning the products or services whose advertising is prohibited.
The price of the service consisting of the preparation of the Content is determined by the relevant section of the Platform for this service. The Platform may additionally specify additional benefits provided by the Service Provider without charging separate remuneration, including additional services offered periodically or for selected categories of Advertisers.
The placing of an order for the preparation of Content by an Advertiser constitutes acceptance of the terms and conditions for the provision of Content preparation Services provided for herein and is the basis for the Service Provider to collect remuneration in the amount specified each time the order is placed.
Once the order for the preparation of the Content has been placed by the Advertiser, the Service Provider makes the corresponding order for the preparation of the ordered Content. The contract for the preparation of the Content between the Service Provider and the Advertiser is concluded once the Service Provider has obtained the acceptance of the order for the preparation of the Content for the Advertiser by the Journalist, of which the Advertiser is notified through the relevant functionality of the Platform or by sending an email to the Advertiser.
The Advertiser is entitled to communicate directly with the Journalist exclusively through the functionality of the Platform and exclusively for the purposes of fulfilling the Order granted for the preparation of the Content. The Service Provider reserves the right to intervene in the course of communication between the Journalist and the Advertiser, in order to ensure the smooth course of the Order and compliance with the Regulations.
The order for the preparation of the Content is carried out within the timeframe specified in the Platform for the respective order. In the case of difficult subject matter or a large number of orders, the deadline for completion of the Service may be extended, of which the Advertiser shall be immediately notified together with information about the extended deadline. The extension of the order completion deadline referred to in the preceding sentence may not exceed 3 working days, unless otherwise agreed.
The prepared Content is made available to the Advertiser through the relevant functionalities of the Platform. The Advertiser, within 7 working days, is obliged to accept the Content made available - which is tantamount to its acceptance, or to make comments on the Content. If the Advertiser does not verify the Content within 7 working days from the date the Content was made available to the Advertiser, it is deemed that the Content was prepared in accordance with the order placed, and the agreement concluded in this respect between the Service Provider and the Advertiser has been properly executed. Any subsequent changes to the prepared Content requested by the Advertiser will be treated as a separate order granted for the modification of the Content, which requires the approval of the Service Provider and may be associated with additional costs for the Advertiser.
In the event that the Content is prepared in a manner inconsistent with the contract or is not prepared within the timeframe indicated in the order - which has been notified by the Advertiser in accordance with the provisions of sec. 8.11 of the Regulations and excluding the case referred to in sec. 8.11 last sentence of the Regulations, the Service Provider shall decide together with the Advertiser whether:
the Journalist prepares or corrects the Content - in which case the Service Provider and the Advertiser shall specify the deadline for making the changes, which shall not be less than 2 working days, and the extent of the changes required to the Content. If the Journalist refuses to incorporate the amendments, which he/she is entitled to do, then the right of withdrawal referred to in (ii) below will apply;
the Advertiser withdraws from the contract in whole or in part - in such a case, the remuneration paid by the Advertiser shall be reimbursed according to the extent of the withdrawal.
Any guidelines of the Advertiser concerning the ordered Content must be specified by the Advertiser at the stage of placing the order. Any subsequent modifications made by the Advertiser may result in the rejection of the order for the preparation of the Content or in a change of the price set for the fulfilment of the order, with the Service Provider alone having the right to decide in this respect. It is not possible for the Advertiser to give guidelines on the length and type of Content beyond those standardised in the relevant offer on the Platform. Such guidelines on the part of the Advertiser may also not constitute grounds for a complaint as referred to in sec. 8.12 of the Regulations.
If, as a result of the incompatibility of the prepared Content with the agreement concluded on this subject, one of the circumstances referred to in sec. 8.13 of the Regulations, any claims submitted by the Advertiser on this account may not exceed the value of the remuneration agreed for the preparation of the Content to which the submitted claim is connected.
In special situations, the Service Provider reserves the right to charge additional fees for non-standard activities, including when information on such fees was not available on the Platform at the ordering stage or as part of the contract for the preparation of the Content, if these are the fault of the Advertiser or were carried out at the request of the Advertiser.
From the moment the Content is received by the Advertiser, i.e. from the moment the Content is accepted by the Advertiser through the relevant functionality of the Platform, the Service Provider grants the Advertiser a non-exclusive licence to use the Content.
The granting of the licence referred to in clause 8.17 takes place as part of the Service Provider's remuneration for the preparation of the ordered Content. The licence is granted for the fields of use indicated below:
recording and reproduction using any technique, including printing, reprography, digital technology and on magnetic, optical and electronic media, including recording and preservation in the form of an electronic book (e-book) and audiobook, in an unlimited number of copies, editions and reprints, both independently and in combination with other works or materials that do not fulfil the characteristics of a work;
to market and distribute copies or other media in all distribution channels without quantitative, material or territorial limitation or restrictions as to audience, in all available distribution channels, in particular through retail, kiosk, mail order, retail chains, book clubs, cross-selling, direct marketing, mail order, door to door, press inserts, via the Internet and business to business sales (delivery on request to companies), as well as through free giveaways;
the lending, leasing or rental of copies;
to be entered into computer memory and stored in computer memory; to be made available to the public by means of information and communication technology networks, particularly in the form of an e-book and a talking book, and in such a way that members of the public may access it from a place and at a time individually chosen by them;
broadcasting and re-broadcasting by wire or wireless vision or satellite;
public performance, exhibition, display and reproduction;
use in all forms of advertising.
The licence referred to in sec. 8.17 of the Terms and Conditions is granted in perpetuity and without territorial restrictions.
With the granting of the licence, the Service Provider agrees that the Advertiser may use and dispose of the developments of the Content within the scope of the fields of use referred to in Clause. 8.17 of the Regulations.
The Service Provider further declares that it has obtained an assurance from the creator of the Content that upon the transfer of the copyrights in the Content to the Service Provider, the creator will not exercise the author's moral rights in the Content, in particular the creator has authorised the use of the Content without indicating his authorship.
The Service Provider's liability in respect of the licence granted and consents for the use of the Content by the Advertiser, including in the event of claims for infringement of copyright in the Content submitted against the Advertiser by third parties, is limited to an amount equivalent to the Service Provider's remuneration for the contract concluded for the preparation of the ordered Content.
Modification of published articles
Through the Platform, the Advertiser has the possibility of ordering changes to sponsored articles, the publication of which has previously been ordered through the Platform. Changes to published articles are made by the Publisher, taking into account the Advertiser's guidelines.
The service of changing the content in published sponsored articles is payable, and the cost of this service depends on the scope of the changes and the amount of remuneration indicated by the Publisher, with the default value of the remuneration for the Publisher for making changes to the article being determined automatically in the Platform and calculated on the basis of the remuneration received by the Publisher for the publication of the article to which the changes relate. The Publisher, within the functionality of the Platform, may modify the amount of remuneration for making changes to a published article, depending on the type of changes indicated by the Advertiser. The amounts of remuneration indicated on the Platform for the content modification service, prior to their approval or modification by the Publisher for a specific order, are estimates and do not constitute an offer within the meaning of Law.
At any stage of negotiations, the Publisher may refuse to make changes to the published article. In such a case, the Advertiser may exercise the rights referred to in para. 5.27 of the Regulations.
Pursuant to para. 9.2 of the Regulations above, in the context of determining the remuneration, the Advertiser is obliged to approve or reject the offer received within 2 working days of the Publisher sending an offer of amended remuneration. Failure to approve the offer within the aforementioned time limit shall mean rejection of the offer, which shall result in no agreement being concluded.
Acceptance of the publisher's offer by the advertiser means that a contract is concluded between the advertiser and the service provider to make changes to the published article in accordance with the order placed by the Advertiser.
The scope of the changes made to the article cannot relate to its subject, nor can they concern more than 50% of its content (calculated in characters). Changes that do not meet these requirements constitute an offer by the Advertiser to develop and publish a new sponsored article.
Within 3 working days of the conclusion of the agreement to make changes to the published article, which occurs at the time indicated in para. 9.5 of the Terms and Conditions above, the Publisher is obliged to make and publish the requested changes to the content of the article.
In connection with the modification and the publication of the modified article by the Publisher, the Service Provider, through the automated functions of the Platform, requests the Publisher to indicate in the Platform system, within 24 hours of the modification of the publication, that there has been such a modification to the publication. The Advertiser is notified of the modification by the Publisher through the Platform or by sending the relevant information to the Advertiser by email.
After publication of the ordered changes to an article and marking this fact on the Platform, the Advertiser verifies the fact that the content of the published article has been modified, while the Service Provider has the right but not the obligation to do so. Verification of the publication consists in checking the compliance of the modifications made with the agreement concluded in this respect. Verification by the Advertiser must take place no later than 2 working days from the date of marking on the Platform the fact of publication of the modified content of the article by the Publisher. Failure by the Advertiser to approve the modification of the publication within the specified period entitles the Service Provider to approve the publication on behalf of the Advertiser, which is tantamount to the loss of the Advertiser's right to make comments and corrections to the performed service.
Making changes to a published article does not create an obligation on the part of the Publisher to maintain the article on the portal for a longer period of time than it was originally agreed, unless agreed otherwise in a given case. In order for such a change in the period of publication to be possible, the Advertiser's proposal in this respect should be included in the guidelines for changes to an article prepared by the Advertiser and shall each time be an element of negotiations conducted pursuant to Rule 9.2.
Communication regarding changes to the published articles shall take place exclusively through the Platform. The Advertiser undertakes not to contact the Publisher bypassing the Service Provider.
In matters not regulated by this clause, the provisions of clauses. 5 and 6 of the Regulations, insofar as they do not conflict with this para. 9 of the Regulations.
Statistics generated by the publishers
Selected Publishers and their portals allow the generation of statistics by means of a tracking code developed by the Service Provider. Access to these statistics is free of charge.
Advertisers using the Platform may also order statistics on the popularity of published articles generated by the Publishers themselves, i.e. without the involvement of the tracking code developed by the Service Provider. The further provisions of this para. 10 of the Regulations shall apply to the statistics referred to in this sec. 10.2 of the Terms and Conditions.
Selected Publishers may indicate that they do not provide a statistics service. In that case, Advertisers are not able to order statistics from them (including for a fee). With respect to Publishers who make the designation referred to in the preceding sentence, the further provisions of para. 10 of the Regulations shall not apply.
As part of the Platform's functionality, Advertisers have access to information about Publishers providing statistics and the range of statistics offered.
Access to Publishers' statistics is not dependent on the Service Provider and, consequently, the Service Provider does not give any guarantees regarding the permanence of this access and the possible loss of access to statistics by the Advertiser does not constitute grounds for any claims against the Service Provider.
The statistics provided by the Publisher should include at least:
information on the number of times the article has been viewed, or
information on the number of unique users who have visited the sub-page of the portal on which the article is published;
a clear indication of the article to which the statistics relate;
information on the time period covered by the statistics.
As soon as an Advertiser places an order for the provision of statistics and provided that such an order corresponds to the relevant provisions of these Regulations and the PUBLISHER REGULATIONS in terms of its admissibility, scope and payment, a contract is concluded between the Advertiser and the Service Provider on the provision of statistics for the published article.
Pursuant to the provisions of the PUBLISHER REGULATIONS, in the case of a Publisher who declares that it is not possible to place on its portal the tracking code developed by the Service Provider referred to in para. 10.1 of the Terms and Conditions above, or places such a tracking code of a published article in a defective manner, the Advertiser is entitled to order once from such Publisher the audience statistics of the article in question free of charge, unless the case referred to in para. 10.3 of the Regulations above.
The provision of clause. 10.7 of the Regulations above shall not apply if, according to the Publisher's statement, the Advertiser could have included in the article the tracking code developed by the Service Provider referred to in para. 10.1 of the Regulations, but the Advertiser did not make use of this option. In this case, the Advertiser, each time placing an order, must pay the remuneration for the statistics obtained from the Publisher, unless the case referred to in para. 10.3 of the Regulations above.
Access to statistics on a single article generated by Publishers, except where expressly indicated in the Regulations, is paid for and billed according to the current rates indicated in the section of the Platform relevant to this service of Publishers. These rates may change temporarily according to the Regulations described in sec. 12 of the Regulations.
Pursuant to the provisions of the PUBLISHER REGULATIONS, the Publisher shall make the statistics available to the Advertiser up to 2 working days after they have been ordered by the Advertiser, provided that the order has been made in accordance with the provisions of the Regulations.
The provision of the statistics file by the Publisher is implemented through the relevant functionality of the Platform, with the statistics also automatically sent to the Advertiser by email.
Statistics provided by Publishers should be provided in a timely manner, in the form of a PDF or graphic file (JPG, PNG). The publisher is obliged to provide statistics on a specific, indicated article, reliable and, if possible, taking into account special requests of Advertisers. In the event of a breach of this clause. 10.13 of the Terms and Conditions, the Publisher may be liable directly to the Advertiser.
The Publisher is not obliged to comply with any special requirements of advertisers with regard to the statistics provided, i.e. other than those expressly stipulated in the Terms and Conditions.
Communication concerning the provision of statistics is made exclusively through the Platform. The Advertiser undertakes not to contact the Publisher bypassing the Service Provider.
Influencer marketing
[not applicable]
[not applicable]
[not applicable]
[not applicable]
[not applicable]
Clearing and payments
The detailed billing Regulations for the Services provided by the Service Provider, as well as the Publisher's rates of remuneration for the provision of portal space and the publication of articles and the Publisher's other services referred to in these Terms and Conditions, are set out in the individual documents posted within the Platform, in the sections relevant to the relevant Service, subject to clause 12.2 below. 12.2 of the Regulations below.
The influencer marketing service is priced individually by the Service Provider, according to the Regulations set out in sec. 11 of the Regulations.
The prices of the Services provided by the Service Provider are determined by the Service Provider on Platform and may change from time to time, however, for the purposes of settlements between and the Service Provider, the rates in force at the time the Advertiser places an order for a given Service are considered binding.
The remuneration for the performance of the Services available through the relevant functionalities of the Platform is payable to the Service Provider on the basis of a VAT invoice issued by the Service Provider.
The Advertiser is required to have sufficient funds in his/her account on the Platform in order to pay for the order before placing the order. Payments for services are made by cash operations on the Advertiser's funds, using the relevant functionality of the Platform.
The prices indicated on the Platform are net prices and are subject to increase by Value Added Tax (VAT).
The Advertiser authorises the Service Provider to issue and send invoices electronically.
The Service Provider is exclusively entitled to receive remuneration, which means in particular that the Advertiser may not make any payments for the Services directly to the Publisher, Journalist or Influencer.
The Advertiser is obliged to pay all payments that, according to the law, are due to the creators or the organisations that represent them.
The Service Provider is entitled to make price changes, apply periodic promotional campaigns and offer additional discounts for the Services provided.
Responsibility
The Service Provider shall be liable to the Advertiser for any lack of due diligence in connection with the performance of the Services.
The Service Provider shall make reasonable efforts to ensure that the Service provided is available at all times, continuously and in full, but does not guarantee and is not responsible for its full availability and reserves the right to change, withdraw, suspend or discontinue any feature or function of the Service to any extent and at any time. The Service Provider informs you that the modification, withdrawal, suspension or interruption of any function or feature of the Service does not require any prior announcement.
The above provision of para. 13.2 of the Terms and Conditions shall apply mutatis mutandis to changes in the prices of the Services offered by the Service Provider, as determined by the Platform.
The Service Provider shall not be liable for damage caused by incorrect use of the Services, in particular caused by the use by the User or other Users of the Platform or the Services in a manner inconsistent with the provisions of these Regulations.
The Service Provider shall not be liable for non-performance or improper performance of the contract concluded for a given Service or for problems in the use of the Platform or the Services if these occur as a result of events which the Service Provider, in the exercise of due diligence, could not have foreseen or prevented, or as a result of fortuitous events or force majeure.
In no event shall the Service Provider's liability include liability for the Advertiser's lost profits.
The Service Provider's liability for the provision of Services shall be limited to the value of the Service in question, in accordance with the offer on the Platform, with the proviso that the maximum amount of the Service Provider's liability per event shall not exceed the value of EUR 3,000.00.
The limitations of the Service Provider's liability referred to in sec. 13.7 of the Terms and Conditions above shall not apply if the damage is caused intentionally by the Service Provider.
Apart from cases in which it is expressly indicated that the Service Provider is directly liable to the Advertiser, the responsibility for the performance of the contract concerning a specific Service carried out on behalf of the Service Provider, but for the benefit of the Advertiser, by other Users of the Platform, shall be borne by the Publisher, Journalist or Influencer, respectively, carrying out such service. If such a consequence requires the assignment of any claims against a Publisher, Journalist or Influencer, the Service Provider has the right to make an appropriate assignment of the claim and its rights against these Users concerning the claimed claim to the Advertiser, as a result of which the Advertiser may pursue the claim directly against these Users.
The Service Provider is not responsible for the content, factual value, legality and conformity with reality (facts) of articles submitted for publication by Advertisers.
The Advertiser may not order, through the Platform, the publication of sponsored articles, guest articles, the creation of Content, the publication of links or the implementation of influencer marketing campaigns to advertise products or services the advertising of which is prohibited by generally applicable legislation or the advertising of which is restricted by applicable legislation, resulting in the illegality of the publication ordered. The reservation indicated in the preceding sentence excludes the use by the Publisher of the Platform and the Services offered by the Service Provider to publish content that promotes products and services whose advertising and promotion is unlawful, such as but not limited to: gambling, alcoholic beverages and tobacco products, psychoactive substances, narcotics, medicines and other pharmaceuticals, services for the disposal, acquisition or mediation of transactions for the disposal or purchase of cells, tissues and organs, medical services, services of lawyers, solicitors, notaries and other professional groups covered by the advertising ban. In the event of a breach by the Advertiser of the provisions of this clause. 13.11 of the Regulations, the provisions of secs. 13.18 and 13.19 of the Regulations shall apply.
The Service Provider is not responsible for the results of the Advertiser's use of the Services offered by the Service Provider, which means in particular that the Service Provider does not in any way guarantee the results in the form of an increase in the Advertiser's revenue or guarantee the achievement of any level of turnover related to the Advertiser's use of the Services.
The Advertiser shall be liable for all breaches of the Regulations and Regulations and the terms and conditions of contracts concluded on the basis of the Regulations and Regulations, as well as for non-performance or improper performance of the contract concluded on the basis of the Regulations and Regulations.
In the event that the performance of the agreement concluded by the Advertiser on the basis of the Regulations and within the framework of the functionality of the Platform requires the provision of any content by the Advertiser, in particular photographs, graphics, verbal or verbal-graphic works, constituting works within the meaning of copyright law and related rights (hereinafter: "works"), the Advertiser shall ensure that, within the above scope:
will hold the economic copyright and related rights or appropriate licences to such works;
the use of the works for the purpose of performing the contract concluded shall not constitute an infringement of the moral rights of any third party;
will have all the necessary permissions for the dissemination of third party images recorded within the works;
the use of the works for the performance of the concluded contract will not infringe any industrial property rights of a third party, and in particular will not infringe any trademark protection rights or reputable trademarks;
publication of the works will not constitute an act of unfair competition;
publication of the works will not infringe the law, good morals, the Regulations of social intercourse or the legitimate interests of third parties.
The Advertiser, when submitting a sponsored article or guest article for publication or ordering Content in accordance with Clause. 8 of the Terms and Conditions, it is obliged to ensure that the submitted article or ordered Content and the activities related to the order and publication of the article or specific Content do not constitute a violation of the law, which in particular refers to ensuring that the article or ordered Content complies with the relevant advertising or promotional regulations, taking into account the relevant restrictions on advertising or promotion of specific categories of goods and services.
If, as part of the provision of the Services, the Service Provider provides the Advertiser - as an element of the ordered Content - with a photograph or a graphic, such photograph or graphic shall be covered by copyright belonging to the holders of the author's economic rights to such works (in particular sites acting as image banks). In such a case, the Advertiser:
shall not acquire any property rights in such photograph or graphic, other than the right to use it for its own purposes in the context of the use of the ordered Content, for the purpose for which it was ordered;
is obliged to familiarise himself with the content of the licence granted by the holder of the author's economic rights to such work, as indicated by the Service Provider, and to comply with its terms.
If the Service Provider does not indicate otherwise when transferring the photo, it means that the photo or graphic referred to in para. 13.16 of the Terms and Conditions comes from Fotolia by Adobe or another stock photo service used by the Service Provider, and the licence granted is a standard licence. The Advertiser, before using the photo, is obliged to read the content of the licence and other legal requirements indicated on the website https://stock.adobe.com/ (or another website indicated by the Service Provider), and to comply with these requirements under pain of liability for damages.
In the event that any civil, enforcement, criminal or administrative proceedings are instituted against connection with the Service Provider's performance of its obligations under concluded contracts, as a result of false or incomplete statements in connection with the Advertiser's violation of the law, or any claims are made against the Service Provider on this account, the Advertiser undertakes to provide the Service Provider, at its expense, with the assistance necessary to dismiss the claims or allegations. In addition, the Advertiser undertakes to compensate the Service Provider for any damage suffered by the Service Provider in connection with proceedings brought against the Service Provider or in connection with claims or allegations made against the Service Provider, i.e. to settle legitimate claims made by third parties (subject to their being awarded by a court of competent jurisdiction by a final judgment), to reimburse the equivalent of any penalties or fines actually paid by the Service Provider, documented penalties or fines imposed on the Service Provider and to cover the costs of legal assistance incurred by the Service Provider.
In the case referred to in para. 13.18 above, the Advertiser is obliged to join the case at the first call of the Service Provider, including to take over the correspondence with the entity or third party that has made the claim against the Service Provider. The Advertiser is obliged throughout the course of the case to co-operate with the Service Provider in the event that it is not possible for the Advertiser to take over the claim completely and to keep the Service Provider informed of all stages of the case and its outcome.
The Service Provider is not the author of the articles or Content which the Advertiser orders or publishes in the performance of the contract concluded under these Regulations, and therefore the Service Provider ensures that it has acquired the relevant rights or licences on the basis of legal actions taken on the assumption of the conformity of the statements of the parties from whom it has acquired such rights with the actual state of affairs. In the event that such declarations of a party to a contract concluded with the Service Provider prove to be inconsistent with the actual state of affairs, as a result of which the Advertiser does not acquire the rights or licences provided for in the Regulations, the Service Provider, as an intermediary in the performance of individual actions provided for in the Regulations, shall not be liable for the Advertiser's damage, provided that he/she takes all steps to assume all possible claims to which the Service Provider is entitled on this account against persons or entities whose actions, including the submission of unlawful statements to the Service Provider, resulted in damage to the Advertiser.
In the event that the Platform contains any reference to content on other websites, such content should not be regarded as an expression of the Service Provider's position with regard to the matters to which such content refers. The Service Provider is not responsible for such content or for the content of websites to which the Platform links.
The Advertiser hereby consents to the Service Provider transferring to third parties the rights or obligations arising from the Terms and Conditions or the contract concluded in the performance of the Terms and Conditions.
Complaints
Complaints about the Service should be made by email, to: finland@whitepress.com or by contacting the Advertiser's dedicated account manager on the Platform.
The complaint should include at least: the date and time of the event that is the subject of the complaint, the e-mail address of the complainant and a brief description of the objections raised.
Complaints will be considered within 14 days of receipt, in order of date of receipt.
If it is not possible to meet the aforementioned deadline, the Service Provider shall inform the person lodging the complaint, stating the reason for the extension of the deadline, as well as the expected time for responding.
The person making the complaint will be informed of the handling of the complaint by e-mail, to the e-mail address provided in the complaint.
Final provisions
In matters not regulated, relevant provisions of law shall apply.
Any disputes between the Advertiser and the Service Provider will be resolved amicably and, in the absence of an agreement, will be referred to the court having jurisdiction over the Service Provider's registered office.
The Service Provider has the right to amend these Terms and Conditions for valid reasons will be informed of changes to the Terms and Conditions at least 7 days in advance by sending information about the change to his/her e-mail address provided within the Advertiser's account. Information about changes to the Regulations will also be available by logging into the Advertiser's account on the Platform.
If the Advertiser who has an account on the Platform does not accept the changes to the Terms and Conditions, then until the date on which the changes come into force, the Advertiser has the right to request the termination of this account and the termination of the cooperation.
The declaration referred to in para. 15.4 of the Regulations above should be sent to: finland@whitepress.com.
The Advertiser declares that he/she has familiarised himself/herself with these Terms and Conditions, the appendices to the Terms and Conditions and the Privacy Policy.