These Terms and Conditions of the Affiliate Program define the rules for the participation of interested parties – natural persons conducting business or legal entities in the Partner Program “Senti-Trading-Bot”, which is organized by Sentimenti ltd with headquarter: Swiety Marcin 11/8, 61-803 Poznań, Poland; KRS 0000708218; VAT 9721282038; REGON 368937240, maintained as part of the website “Sentistocks” as well rules for using the Program by Participants.
This document is valid from the date 01 March 2023 r.
- Client – any natural or legal person who has used the referral link to the service and purchased the offered service Sentibot.
- Referral Link – a link generated individually for each Program Participant and being the only tool that allows assigning the Customer to the Program Participant
- Calendar Month – the period from the first day of each month to the last day of the same month.
- Program – “Senti-Trading-Bot” Affiliate Program that allows you to recommend SentiBot via a Referral Link.
- Commission – a percentage of the value of the purchase made by the Customer.
- Sentibot Service – access to a tool enabling automated purchase and sale of cryptocurrencies in the strategy chosen by the Client
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
- Service – sentistocks.com
- Program Participant (Affiliate) – a legal or natural person conducting business activity who joined the Program
- User panel – a shared and separate website, available after logging in, where the Program Participant can track activity resulting from the use by third parties of an individual affiliate link.
§2 Joining the Program
- Only natural persons who, at the latest on the date of registration for the Program, have reached the age of eighteen and have full legal capacity, and legal persons may participate in the Program. A person interested in joining the Program and meeting the conditions set out in point 1 above, is obliged to read the provisions of the Regulations and accept its content,
- In order to join the Program, you must accept the content of the Terms and Conditions in the registration sheet. This occurs during the registration process upon enrollment in the Program.
§3 Rights and obligations of the Program Organizer
- The Organizer is responsible for organizing and running the Program.
- The Organizer provides the Program Participants with Referral Links promoting the Sentibot Service to enable the Program Participants to actively and effectively participate in the Program.
- The Organizer stipulates that it will not award Commissions to Program Participants who will post incorrect or incomplete information in the Referral Link, or who will gain Customers in a manner that is against the law or the provisions of the Regulations.
- Information about the customer’s purchase of the service will appear in the Program Participant’s panel, under Commissions.
- The Organizer reserves the right to refuse to sell the Sentibot service and the right to close the Customer’s account if it is necessary due to applicable law or the Organiser’s internal procedures.
- The Organizer reserves the right to disable the Program for Users of the Program whose actions violate the law, the Regulations, the rules of social coexistence or good morals, as well as those who promote the Service on inappropriate websites. Inappropriate websites should be understood primarily as those that are dedicated to children, promote pornographic content and violence, are discriminatory in terms of race, gender, religion, nationality, sexual orientation or age, promote legally prohibited activities or violate intellectual property rights.
- The Organizer remains entitled to suspend and terminate the Program at any time.
§4 Rights and obligations of the Program Participant
- The Program Participant is authorized to actively and effectively promote the Service, the Service, and the Organizer to maximize his/her own and the Organizer’s profits.
- The Program Participant, while promoting the Site, the Service and the Organizer, is obliged to use only such means that do not violate the applicable law, the good name of the Organizer, the rules of social coexistence, good customs, and such that will positively affect the image of the Site, the Service, and the Organizer.
- The Program Participant is entitled to place Referral Links anywhere on their websites, subject to the conditions set out in the Regulations.
- Referral Links may not be placed in unsolicited emails (so-called spam), unauthorized posts, chats or through the use of bots.
- The Program Participant bears all costs resulting from promoting the Website, the service and the Organizer to its clients.
- The Program Participant is obliged to fully cooperate with the Organizer in the use and maintenance of Referral Links and all other means of promotion made available by the Organizer.
- By accepting the Regulations, the Program Participant:
- agrees to using the full URL of the Referral Link or the HTML code to be placed on websites and made available to persons / their clients,
- undertakes to place Referral Links and other promotional materials in appropriate, visible sections on its websites.
- Program Participant shall not modify or delete any part of the code, Referral Link or promotional materials; update Referral Links and any other promotional materials in accordance with changes made by the Organizer.
- The commission received for a given Calendar Month by each Program Participant is 15% of the Organizer’s net income derived from the sale of the Sentibot Service to Customers referred by the Program Participant. Net income is understood as the amount of the fee paid by the referred Customer less 23% VAT.
- The Program Participant is entitled to accrue commission three times per referred Customer.
- The Commission rate may also be changed for a particular Program Participant after individual arrangements with the Organizer.
- The commission is credited to the Participant’s account in the currency visible in the user panel
§6 Commission Payment
- Payment of the Commission due, subject to the provisions of item 5 of this paragraph, will be made by the Organizer by transfer to the Program Participant’s bank account provided by the Program Participant on the invoice sent to firstname.lastname@example.org electronically from the Participant’s e-mail address indicated in the registration sheet and User Panel.
- The amount of the Commission included in the invoice must be equal to the net amount of the Commission due visible on the last day of the month in the Program Participant’s account.
- Payment of the Commission due will be made in the currency in which the Participant’s account is maintained.
- Only a Program Participant who is fully identified and verified, as required by applicable law, is entitled to the payment of Commissions.
- The minimum amount to be paid out is PLN 500.00
- A Program Participant may have only one account in the Program.
- The rules for the processing of personal data used by the Organizer are specified in these Regulations and in the “GDPR Information Clause“, which is attached to these Regulations and is an integral part of them.
- The Administrator of the personal data of the Program Participants is the Organizer. The Administrator processes Users’ personal data for the purposes for which the data were originally collected. If the original purpose for which the personal data was collected has changed, the Administrator is obliged to inform the User before such further processing, in accordance with Article 13(3) of the Regulation, and if necessary, to collect the User’s consent for the processing of personal data referred to in Article 6(1)(a) of the Regulation.
- The Administrator is obliged to protect the personal data of the Users of the Program and the Service.
- The Program Participant may be entrusted with confidential data concerning the activity of the Organizer, as well as personal data of the Clients acquired by the given one. The Organizer authorizes the Program Participant to process the Clients’ personal data such as – date of registration, username and the value of the commission collected from the Client during the transaction on the exchange only to the extent necessary to fulfill the concluded agreement on participation in this Affiliate Program. The authorization to process the Clients’ personal data expires upon the Participant’s resignation from participation in the Program, as well as in the event of termination of cooperation between the Parties,
- Confidential data of the Organizer shall be understood as all information constituting a business secret of the Organizer, in particular, information of a commercial nature related to the business activity conducted by the Organizer, all data about the Exchange Clients, including information about the user’s name, date of registration and number of earnings, technical, technological, organizational information of the Organizer’s enterprise, other information concerning the Service, the Exchange and the Organizer, to which the Program Participant receives access in connection with participation in the Program (hereinafter referred to as Confidential Data),
- The Program Participant agrees to keep the Confidential Data confidential, i.e. that he/she will not record on any data carriers, duplicate, distribute, transfer, disclose, or make available in any form the Confidential Data to third parties or entities without obtaining the prior express written consent of the Organizer.
- The Program Participant agrees to use the Confidential Data only for the purpose of taking actions related to the implementation of participation in the Program.
- The Program Participant shall store all Confidential Data in a manner that ensures complete security against loss, dissemination, unauthorized access, or disclosure to third parties or entities, and in the event of disclosure, dissemination, duplication, unauthorized access, or loss of Confidential Data, agrees to immediately inform the Organizer.
- By joining this Program, the Participant declares that he/she has been informed of the threatened, pursuant to the provisions of the Law of May 10, 2018 on the Protection of Personal Data, of criminal liability and the possibility of imposing fines on the administrator as provided for in Article 83 of the GDPR. Notwithstanding the liability provided for in the aforementioned regulations, the Organizer stipulates that violation of the Organizer’s data protection rules may be considered a breach of basic contractual obligations and result in immediate termination of this Affiliate Program.
- The Organizer may charge the Program Participant with a contractual penalty in the amount of PLN 1,000 (one thousand zlotys) for each case of violation of the obligation to keep Confidential Data confidential. The total amount of contractual penalties for violation of the obligation to keep Confidential Data confidential may not exceed the amount of PLN 50,000 (fifty thousand zlotys). The penalties accrued by the Organizer shall first be deducted from the commissions due to the Participant until the accrued penalties are paid in full or another document is issued by the Organizer charging the Participant.
- The obligation to keep Confidential Data confidential, as defined in this paragraph, binds the Program Participant indefinitely, in particular, it does not expire as a result of the Program Participant’s resignation from the Program, and the Program Participant cannot be released from this obligation, except in cases expressly indicated in the Regulations.
§9 Mutual relations of the parties
- The Organizer and the Program Participant are independent entities from each other, and nothing in the Regulations establishes a partnership, franchise, agency, or employment relationship between them.
- The Program Participant is in no way authorized to make or accept any proposals, offers, or statements of intent on behalf of the Organizer.
- The Organizer makes no express or implied warranties regarding the Program.
- The operation of the Program is entirely via the Internet, so the Program Participant remains solely responsible for ensuring uninterrupted and uninterrupted access to the Internet for participating in the Program, and the Organizer is not responsible for the consequences of any interruptions in Internet access or errors for the Internet provider.
- The Organizer is not responsible for errors in data transmission, in particular caused by the failure of ICT systems, telecommunication systems, power supply systems, and due to delays in the action of the external operator providing data transmission.
- The Organizer is not responsible for the lack of access to the Program for reasons beyond the Organizer’s control.
- For security reasons and any other reasons beyond the Organizer’s control, the Organizer is entitled to block or temporarily suspend access to the Program for the period of time necessary to remove the existing threats or irregularities.
- The Organizer undertakes to inform Program Participants of any planned technical interruption preventing access to the Program.
- Subject to restrictions under mandatory provisions of law, the Organizer is not liable for damages caused by the Program Participant’s inability to use the Program resulting from improper action, errors, deficiencies, interferences, defects, delays in data transmission, computer viruses, failure of the computer system through which the Program operates.
§11 Applicable law
- The laws of the Republic of Poland shall govern all services provided by the Organizer to Program Participants under the Program, through the Service.
- Any disputes related to the services provided by the Organizer under the Program will be resolved by the competent common courts.
- A Program participant who is a consumer has the opportunity to use an out-of-court method of handling complaints and claims. Information on how to access the aforementioned mode and dispute resolution procedures can be found, among others, on the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL
§12 Termination of participation in the Program
- Any Program Participant may withdraw from participation in the Program at any time.
- To withdraw from participation in the Program, the Program Participant must send an e-mail to: email@example.com a statement on withdrawal from participation in the Program.
- The Organizer is entitled to terminate the Program Participant’s right to participate in the Program, at any time without prior notice, if the Program Participant does not show activity in the Program, i.e. has not acquired any new customer for at least 6 months, by sending him/her a notice to the e-mail address provided in the Service.
- The Organizer is entitled to temporarily suspend the Program Participant’s participation in the Program, in case of a justified suspicion of violation of the law, provisions of the Regulations, the Organizer’s rights or rights of third parties, rules of social coexistence or good morals, until it is clarified whether the violation actually took place.
- The Organizer is entitled to deprive the Program Participant of the right to participate in the Program without prior notice if the Program Participant violates the law, rules of social coexistence, the good name of the Organizer or any of the provisions of the Regulations by sending him/her a notice to the e-mail address provided in the Service.
- Upon resignation from the Program by the Program Participant or deprivation of the Program Participant’s right to participate in the Program, all rights and entitlements granted to the Program Participant under the Terms of Service shall become null and void, and the Program Participant shall immediately remove all Referral Links and other promotional materials (banners, etc.) of the Organizer.
- Upon Program Participant’s resignation from the Program or Program Participant’s termination of his/her right to participate in the Program, Program Participant is entitled only to unpaid Commissions from before Program Participant’s termination, but is not entitled to any Commissions after Program Participant’s termination.
- The Organizer may temporarily withhold payments to ensure that the Participant is paid the amount due or has suspicions of possible fraud.
- If the Organizer allows further activity in the form of purchase of Organizer’s services by Clients referred by a Program Participant whose participation in the Program has ceased, this does not mean resumption of participation in the Program.
- Cessation of participation in the Program does not exempt the Program Participant from liability for violations of the Terms and Conditions before cessation.
- In case of a significant violation by the Program Participant of the law, the Regulations or the rights of third parties, rules of social coexistence or good morals, the Organizer has the right to deprive the Participant of participation in the Program.
- In case of violation of the law, deprivation of the right to participate in the Program shall be effective immediately.
- Subject to paragraph 12 above, deprivation of the right to participate in the Program shall take place upon 7 days’ notice.
- Deprivation of the right to participate in the Program with immediate effect and the expiration of the notice period shall result in the complete termination of the Participant’s ability to order payment of Commissions. If there are any remaining unpaid Commissions due to the Participant, the Participant should contact the Organizer’s department via firstname.lastname@example.org within 14 days to pay them.
§13 Complaint procedure
- If, in the opinion of the Program Participant, the services provided by the Organizer under the Program were not performed in accordance with the provisions of the Regulations, he/she may file objections in the manner specified in this paragraph.
- Any reservations are made in the form of a complaint, which may be submitted:
- in writing by sending to the current address Sentimenti ltd
- in electronic form by sending to the e-mail address: email@example.com;
- The complaint should include:
- the name (login) under which the Program Participant appears on the Website;
- reservations and circumstances justifying the complaint;
- the proposed method of resolving the complaint.
- Complaints will be considered in the order of receipt, but no later than within 14 (fourteen) days. If the complaint does not contain the information necessary for its consideration, the Organizer will ask the Program Participant to supplement it to the necessary extent, and the 14 (fourteen) day period will then run from the date of delivery of the supplemented complaint. In justified cases, the Organizer may extend the deadline for consideration of the complaint by an additional 14 (fourteen) days, of which the person filing the complaint will be informed. In the case of services provided by external entities, the complaint processing time may be extended by the time expected to process the complaint by the given entity, of which the Program Participant will be informed along with the indication of the data of the entity providing the given service.
- The person submitting the complaint will be informed about the method of considering the complaint in the form in which it was submitted.
- The Program Participant is entitled to appeal against the decision made by the Organizer as part of the complaint in writing, to the address of the Organizer’s registered office or via e-mail to the following e-mail address: firstname.lastname@example.org. The provisions of sec. 2, 3 and 4 of this § shall apply accordingly to the appeal.
§14 Amendments to the Regulations
- The Organizer is entitled to change the Regulations at any time and this change becomes effective on the date indicated by the Organizer, with the proviso that the date of entry into force of the changes may not be shorter than 7 days from the moment of making the amended Regulations available to the Program Participants.
- Each Program Participant will be informed about the change in the Regulations by e-mail sent to the e-mail address indicated by him on the Website.
- Failure to accept changes to the Regulations is tantamount to termination of participation in the Program.
- In the event of non-acceptance of the amendments to the Regulations, the Program Participant, to terminate participation in the Program, should immediately notify the Organizer thereof in writing or via e-mail to the following e-mail address: email@example.com, before the expiry of 7 days from the date of receipt of the e-mail with information about the change in the Regulations.
- No notification referred to in point 4 above, within the indicated period, means that the Program Participant accepts the introduced changes.
- To all matters not covered by these Regulations, the generally applicable provisions of the law of the Republic of Poland shall apply.