Affiliate Program Terms & Conditions

1. General provisions

These Affiliate Program Terms and Conditions (the "Terms") govern the relationship between Bloomsy (the "Operator") and any natural or legal person (the "Partner") participating in the Bloomsy affiliate program (the "Program").

By joining the Program, the Partner confirms that they have read, understood, and agree to these Terms, as well as the Terms and Conditions and Privacy Policy of Bloomsy.

The Partner is an independent contractor. The Partner is not an employee, commercial agent, proxy, or representative of the Operator and is not authorized to enter into contracts, accept payments, make binding statements, or assume obligations on behalf of the Operator.

2. Joining the Program

Participation in the Program is voluntary. Joining and remaining in the Program requires an active Partner account on Bloomsy and acceptance of these Terms through the dashboard.

The Program is open exclusively to business entities - legal entities and self-employed individuals (sole traders). Private individuals who are not authorized to carry out business or other similar gainful activity may not participate in the Program. Only persons who, under the laws applicable to them, in particular the laws of the state of their registration, establishment, or tax residence, are authorized to carry out business or other similar gainful activity and to issue a valid accounting or tax document for the services provided, may participate in the Program.

The Partner must continue to meet these conditions for the entire duration of their participation in the Program.

Upon accepting these Terms, a unique referral link and code are automatically generated for the Partner. No separate application or approval process is required.

The Operator is entitled to suspend or terminate the Partner's participation in the Program under the conditions set out in these Terms, in particular in cases of abuse, fraud, or breach of these Terms.

3. Affiliate links and tracking

Upon joining the Program, the Partner receives a unique referral link and code. An order may be attributed to the Partner if it is placed through this link or code and the attribution is recorded by the Operator's system.

The referral record is valid for 30 days from the last validly recorded click on the referral link. Each further valid referral click overwrites the stored record and starts a new 30-day period. If a visitor clears their cookies or uses a different browser or device, the referral may not be recorded.

If a customer successively uses the referral links of several Partners, the order is attributed to the Partner whose valid referral link was last recorded by the Operator's system before the order was created. A valid referral code entered by the customer when placing the order takes precedence over a referral record stored in the session or cookie. A referral code may be used even without a prior click on a referral link.

The Operator does not guarantee that every visit or order will be correctly recorded or attributed to the Partner where tracking is not possible, in particular due to technical limitations or malfunctions, device or browser settings, the blocking or deletion of cookies, third-party interference, or force majeure.

The Partner must not use the referral link or code for their own orders or orders placed by members of their household.

4. Commission

A "Qualified Order" is an order that simultaneously meets all of the following conditions:

• it was duly completed and paid in full,
• it was attributed to the Partner by the Operator's system through their referral link or code,
• it is not the Partner's own order or an order placed by a member of their household,
• it has not been cancelled, returned, or refunded, has not been subject to a chargeback, and is not fraudulent or otherwise in breach of these Terms.

A Qualified Order may be placed by either a new or an existing registered customer.

Upon creation of the order, the commission is first recorded as pending. It becomes approved once the order has been successfully paid, provided the order continues to meet the conditions of a Qualified Order. A pending commission is not eligible for invoicing or payout.

The Partner is entitled to a commission only for a Qualified Order. The current commission rate is shown to the Partner in their dashboard and is calculated on the net value of the Qualified Order, excluding VAT.

The commission rate for a specific order is determined by the rate in effect at the time the order is created. A subsequent change to the rate has no retroactive effect, unless the Operator expressly grants the Partner more favourable terms.

The Operator assesses whether a specific order meets the conditions of a Qualified Order and gives rise to an entitlement to a commission based on these Terms, the data recorded in its systems, and a reasonable assessment of the available circumstances.

5. Payouts

Commissions are paid out once the minimum payout threshold shown in the Partner's dashboard has been reached. The Operator may set a different payout threshold for individual Partners or groups of Partners; the applicable threshold becomes binding on the Partner once shown in the dashboard or otherwise notified by the Operator. Once the threshold has been reached, the Partner may request a payout in the dashboard using the "Request payout" button, uploading together with the request an invoice issued by the Partner to the Operator. The invoiced amount must correspond to the approved commission amount shown in the dashboard. The invoice requirements are set out in Article 6.

The Operator reviews the payout request and the attached invoice. The payment period begins only once a complete and correctly issued invoice has been approved. Once approved, payment is sent to the Partner's bank account no later than 14 days thereafter.

If the attached invoice does not meet the requirements of Article 6, or if the invoiced amount does not correspond to the approved commission amount, the Operator is entitled to suspend the payout under Article 8 and request that the Partner upload a corrected invoice.

All commissions are paid in EUR unless the Operator specifies otherwise. Commissions are rounded to two decimal places.

The Partner bears full responsibility for fulfilling all tax, accounting, social security, registration, and reporting obligations arising in connection with the crediting or receipt of a commission under the laws of the state in which they are registered, established, or tax resident.

6. Partner's Invoice

The Partner must issue and upload a PDF invoice with every payout request, addressed to the Operator. The invoiced amount must correspond to the approved commission amount shown in the dashboard. The Partner must apply VAT or any other applicable tax regime to the invoiced amount in accordance with the laws applicable to the Partner and the specific supply.

The Partner must issue the invoice in accordance with the laws of the state in which they are registered. The invoice must contain all elements required by the applicable laws, in particular: the identification details of the Partner and the Operator, an invoice number, the issue and due dates, a description of the invoiced service (e.g. "affiliate marketing and promotional services for the period …"), the invoiced amount, and any applicable VAT.

The Partner must state a payment due date of at least 14 days on the invoice. The Operator will pay a complete and correctly issued invoice within 14 days of its approval; this does not affect the due date stated on the invoice.

If the Partner is registered outside the Slovak Republic, they must state on the invoice all elements required by the laws of their state of registration, including the applicable VAT regime, in particular any reverse charge mechanism.

The Partner is responsible for the accuracy of their tax status, including VAT registration, and for correctly issuing the invoice in accordance with the laws of the state in which they are registered.

The Operator is not obliged to pay any incorrectly or improperly charged VAT or other tax. If such an amount has already been paid, the Partner must, without undue delay, issue the relevant corrective document and either refund the paid amount to the Operator or, by agreement with the Operator, set it off against future payments. The place of supply and any reverse charge or self-assessment are determined under the applicable laws regardless of how the Partner has designated the tax regime on the invoice.

The Operator's billing details:

The Operator is entitled to reject an uploaded invoice if it contains incorrect or incomplete information, does not meet the requirements of this Article, has not been issued in accordance with the applicable laws, the invoiced amount does not correspond to the approved commission amount, or paying it would cause the Operator to breach the law. In such a case, the Partner must upload a corrected invoice.

7. Partner details

The Partner must provide truthful, complete, and up-to-date information necessary for the payout of commissions, in particular their billing and identification details, including their business or trade name, registered office or place of business, registration, tax, or similar identification number, and, where applicable, VAT identification number.

The Partner must, without undue delay, update all information that may affect the invoicing or payout of a commission, in particular any change to their business name, registered office, tax residence, tax or similar identification number, VAT identification number, bank account, or the cessation of their business or other similar gainful activity.

Before making a payout, the Operator may require the Partner to supplement or verify their identification and payment details or to submit registration documents or other documents necessary for the Operator to comply with its legal obligations.

8. Review and suspension of payout

The Operator is entitled to review, at any time, the eligibility of a credited commission or a payout, and to request from the Partner additional documents, information, or explanations necessary to carry out this review. The Partner must provide the requested cooperation within the period specified by the Operator.

The Operator is entitled to suspend a commission payout if it has reasonable grounds to suspect a breach of these Terms or fraudulent conduct, if the Partner has not provided the information necessary to make the payment, or if the Partner has not uploaded an invoice under Article 6 or the uploaded invoice does not meet its requirements.

The Operator is entitled to refuse a Partner's entry into the Program or their continued participation in it, and to suspend or refuse a payout, if joining, participating, or the payout would be contrary to international sanctions, anti-money laundering and counter-terrorist financing laws, or other mandatory legal provisions.

9. Commission clawback

If, after a commission has been credited, the order ceases to meet the conditions of a Qualified Order - in particular if it is subsequently returned, refunded, cancelled, subject to a chargeback, or found to be fraudulent - the Operator is entitled to deduct the corresponding commission, even if it has already been paid out. The deducted amount will be set off against the Partner's future payouts. If setting it off against future commissions is not possible or sufficient, the Partner must repay the requested amount within 14 days of receiving the Operator's request.

10. Permitted and prohibited promotion

The Partner may promote Bloomsy through their own website, social media profiles, newsletters, or other own channels.

Strictly prohibited:

• unsolicited commercial messages, spam, or email campaigns carried out without the necessary legal basis or consent or in breach of applicable law,
• bidding on branded keywords (e.g. "Bloomsy") in paid advertising,
• misleading, deceptive, or false statements about Bloomsy,
• cookie stuffing or any form of artificially generated traffic,
• placing the referral link on unlawful, offensive, or discriminatory content,
• offering cashback, coupons, or financial rewards for using the referral link without the Operator's prior consent.

The Partner must not create websites, profiles, domains, user accounts, or advertising materials that use the name, trademark, domain, or their misspellings or imitations, in a way that may create the impression that they are operated or officially endorsed by the Operator, without the Operator's prior written consent.

The Partner must clearly and unambiguously label their promotion as advertising, partner, or affiliate content, and comply with all advertising, commercial communication, and consumer protection rules applicable in the state in which they carry out the promotion or whose audience they target.

11. Intellectual property

The Operator grants the Partner a non-exclusive, non-transferable, revocable licence to use the Bloomsy name, logo, and approved marketing materials solely for the purpose of promoting the Program. The Partner must not alter, distort, or misuse the Bloomsy brand.

12. Confidentiality

The Partner must keep confidential all non-public business, technical, financial, and other confidential information of the Operator that they learn in connection with their participation in the Program, and must not disclose it to third parties or use it for any purpose other than proper participation in the Program. This obligation does not apply to information that is publicly available without a breach of these Terms, or whose disclosure is required by law or by a decision of a competent authority.

13. Data protection

The Partner must comply with all applicable data protection laws, including the GDPR. The Partner must not collect or process visitors' personal data on behalf of the Operator without a written data processing agreement.

Affiliate tracking may use cookies or similar technologies. The Partner is responsible for fulfilling any information and consent obligations relating to the technologies or data processing they use on their own website or channels. The use of cookies on the Bloomsy website is governed by the Operator's Cookie Policy.

14. Term and termination

Participation in the Program is for an indefinite period and may be terminated by either party with 30 days' written notice sent to the email address on record in the system.

The Operator may terminate participation immediately without notice in the event of a material breach of these Terms, including fraudulent activity, prohibited promotion, or self-orders.

If the Partner does not generate any Qualified Order for 24 consecutive months, the Operator may terminate their participation in the Program.

Upon regular termination of participation, all approved and as yet unpaid commissions will be paid regardless of the minimum payout threshold, provided the Partner submits a properly issued invoice. Pending commissions are not eligible for invoicing or payout; if they become approved after termination in respect of Qualified Orders created before termination, they will be paid under the same conditions. No commissions are earned for orders created after the termination date.

Termination of the Partner's participation in the Program does not affect the provisions of Articles 5 and 6 relating to tax, accounting, and invoicing obligations, Article 9 on the repayment or set-off of commissions, Article 12 on confidentiality, Article 13 on data protection, and Article 15 on limitation of liability. These provisions remain in effect after termination of participation in the Program to the extent necessary to fulfil their purpose.

15. Limitation of liability

The Operator is not liable for any indirect, incidental, or consequential damages arising from the Partner's participation in the Program. The Operator does not guarantee any specific level of earnings from the Program.

To the extent permitted by mandatory law, the Operator's total liability towards the Partner shall not exceed the total amount of commissions paid or payable to the Partner during the 12 months immediately preceding the event giving rise to liability. The above limitations do not apply to the extent that liability cannot be excluded or limited under mandatory law.

16. Changes to these Terms

The Operator reserves the right to amend these Terms. Partners will be notified of material changes by email or through the dashboard. Material changes take effect no earlier than 15 days after notice is given to the Partner, unless an earlier effective date is required by law, a security incident, the protection of the Program against fraud, or another urgent reason. Continued participation in the Program after the effective date of the changes is deemed acceptance of the updated Terms.

17. Governing law

These Terms and all legal relationships arising in connection with the Program are governed by the laws of the Slovak Republic. The Partner expressly agrees that, regardless of their state of registration, establishment, or tax residence, any disputes arising out of or in connection with these Terms will be resolved exclusively by the competent courts of the Slovak Republic, to the extent that such a choice of governing law and jurisdiction is permitted by mandatory law.

If you have any questions about the Program or these Terms, please contact us at support@bloomsy.eu.