Podmínky partnerského programu

1. Introduction

These Terms and Conditions ("Terms") govern your participation in the FlowHost Referral Program ("Program"). By requesting to join or participating in the Program, you agree to these Terms.

FlowHost ("we", "us", "our") operates the FlowHost hosting platform and referral program.
Partner ("you", "your") refers to an approved participant in the referral program.
Referee refers to a new customer who registers and makes a purchase using your referral link.

2. Eligibility

2.1 Basic Requirements

• You must be at least 18 years old and have legal capacity to enter into these Terms.
• You must have a valid FlowHost customer account in good standing.
• You must be approved by FlowHost to participate in the Program. Approval is at FlowHost's sole discretion.

2.2 Geographic Restrictions

• The Program is available to residents of the European Economic Area (EEA), United Kingdom, and other jurisdictions where such programs are permitted by law.
• You are responsible for ensuring your participation complies with local laws and regulations.

2.3 Compliance Requirements

You must comply with all applicable laws and regulations, including but not limited to:

• EU General Data Protection Regulation (GDPR)
• Czech Republic consumer protection laws (Act No. 634/1992 Coll.)
• EU Unfair Commercial Practices Directive (2005/29/EC)
• Local advertising and marketing regulations
• Anti-spam laws (CAN-SPAM, GDPR consent requirements)
• Tax reporting obligations in your jurisdiction

3. Commission Structure

3.1 First Payment Commission

• You earn 10% commission on the first payment made by each referred customer.
• Commission is calculated on the net payment amount (excluding taxes, fees, and refunds).
• Example: If a referee pays €100 for their first purchase, you earn €10.

3.2 Recurring Commission

• You earn 2% commission on all subsequent payments made by referred customers.
• This applies to subscription renewals and additional purchases.
• Example: If a referee pays €50/month, you earn €1/month for as long as they remain a customer.

3.3 Referee Discount

• Referred customers receive 10% discount on their first payment.
• Referred customers receive 2% discount on all subsequent payments.
• Discounts are applied automatically at checkout.

3.4 Commission Payment Conditions

• Commissions are only paid on successful, non-refunded transactions.
• If a referee receives a refund, any commission earned on that transaction will be clawed back.
• Commissions are credited to your account within 7 days of successful payment.

4. Referral Links and Tracking

4.1 Referral Link

• FlowHost provides you with a unique referral link upon approval.
• You may share your referral link through any lawful means.
• You are responsible for the content and context in which your link appears.

4.2 Tracking Mechanism

• FlowHost uses cookies to track referrals. The cookie duration is 30 days.
• Last-click attribution applies: if a customer clicks multiple referral links, the most recent one receives credit.
• FlowHost makes reasonable efforts to track referrals accurately but does not guarantee perfect tracking.

4.3 Tracking Limitations

• Tracking may fail if the referee blocks cookies or uses privacy tools.
• Tracking may fail if the referee clears cookies before registering.
• FlowHost is not liable for lost commissions due to tracking failures beyond our control.

5. Prohibited Activities

5.1 You may NOT:

• Refer yourself or create fake accounts to earn commissions
• Use spam, unsolicited emails, or misleading marketing
• Make false or misleading claims about FlowHost services
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Use automated systems to generate clicks or registrations
• Offer incentives for clicks or registrations (unless approved by FlowHost)
• Bid on FlowHost trademarks in paid search advertising
• Use FlowHost trademarks in domain names or social media handles
• Engage in cookie stuffing or forced clicks

5.2 Consequences of Violations

Violation of these prohibitions may result in:

• Immediate termination from the Program
• Forfeiture of all unpaid commissions
• Legal action if damages occur
• Reporting to relevant authorities if illegal activity is suspected

6. Payouts

6.1 Payout Process

• There is no minimum payout threshold.
• To request a payout, contact FlowHost through the partner dashboard.
• Payouts are processed manually by FlowHost within 7 business days.
• Payment method is at FlowHost's discretion (bank transfer, PayPal, or other methods).

6.2 Tax Obligations

• You are solely responsible for all taxes on commissions earned.
• FlowHost does not withhold taxes unless required by law.
• You must report commission income to tax authorities in your jurisdiction.
• FlowHost may issue tax documents (e.g., 1099 forms) if required by law.

6.3 Payout Disputes

• If you believe a payout is incorrect, contact us within 30 days.
• We will investigate and resolve disputes in good faith.
• Our decision on payout disputes is final.

7. Data Protection

7.1 Data Collection

FlowHost processes personal data in accordance with GDPR and Czech data protection laws. Data collected includes:

• Your contact information (name, email, address)
• Referral link clicks (IP address, user agent, timestamp)
• Conversion data (registration, purchases)
• Commission earnings and payout history

7.2 Legal Basis for Processing

• Contract performance: Processing necessary to fulfill these Terms
• Legitimate interest: Fraud prevention, analytics, and program improvement
• Consent: Where required for marketing communications

7.3 Data Retention

• Referral click data: 1 year
• Referral records: Lifetime of account + 5 years
• Payout records: 7 years (tax compliance)
• Commission records: 7 years (tax compliance)

7.4 Your Rights

Under GDPR, you have the right to:

• Access your personal data
• Correct inaccurate data
• Request deletion of your data (subject to legal retention requirements)
• Restrict processing
• Data portability
• Object to processing
• Withdraw consent (where processing is based on consent)

7.5 Exercising Your Rights

To exercise these rights, contact: [email protected]
We will respond within 30 days as required by GDPR.

7.6 Data Transfers

• Your data is stored in the European Economic Area (EEA).
• If we transfer data outside the EEA, we ensure adequate protection through Standard Contractual Clauses or adequacy decisions.

8. Intellectual Property

8.1 FlowHost Trademarks

• You may use FlowHost trademarks (name, logo) only as explicitly permitted.
• You must follow our brand guidelines (available upon request).
• You may not modify, distort, or misuse FlowHost trademarks.

8.2 Marketing Materials

• FlowHost may provide marketing materials for your use.
• You may use these materials only for Program promotion.
• You may not modify materials without written permission.

8.3 Your Content

• You retain ownership of content you create.
• By sharing content with FlowHost, you grant us a license to use it for Program promotion.
• You warrant that your content does not infringe third-party rights.

9. Termination

9.1 Termination by You

• You may terminate your participation in the Program at any time.
• Contact us at [email protected] to terminate.
• Outstanding commissions will be paid within 30 days.

9.2 Termination by FlowHost

FlowHost may terminate your participation:

• Immediately if you violate these Terms
• With 30 days notice for any other reason
• Immediately if required by law

9.3 Effects of Termination

Upon termination:

• Your referral link becomes inactive
• Outstanding commissions are paid within 30 days
• You may not use FlowHost trademarks or claim to be a partner
• These Terms survive termination where necessary (e.g., data protection, liability)

10. Limitation of Liability

10.1 No Warranties

FlowHost provides the Program "as is" without warranties of any kind, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of tracking

10.2 Limitation of Damages

FlowHost is not liable for:

• Lost commissions due to tracking errors
• Indirect, incidental, or consequential damages
• Lost profits or business opportunities
• Damages exceeding the total commissions paid to you in the 12 months preceding the claim

10.3 Exceptions

This limitation applies to the maximum extent permitted by law. It does not exclude liability for:

• Fraud or intentional misconduct
• Death or personal injury caused by negligence
• Other liability that cannot be excluded under applicable law

11. Indemnification

You agree to indemnify and hold harmless FlowHost, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of applicable laws
• Your infringement of third-party rights
• Your marketing activities

12. Changes to Terms

12.1 Modification Rights

• FlowHost may modify these Terms at any time.
• We will notify you of material changes via email or dashboard notification.
• Changes take effect 30 days after notification.

12.2 Acceptance of Changes

• Continued participation in the Program after changes constitutes acceptance.
• If you do not accept the changes, you must terminate your participation.

12.3 Material Changes

Material changes include but are not limited to:

• Commission structure changes
• Payout process changes
• Prohibited activities
• Data protection practices

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the Czech Republic, without regard to conflict of law principles.

13.2 Jurisdiction

Disputes shall be resolved in the courts of Prague, Czech Republic.

13.3 Informal Resolution

Before initiating legal proceedings, parties agree to attempt informal resolution through good faith negotiations for at least 30 days.

13.4 Consumer Protection

Nothing in these Terms affects your statutory rights as a consumer under Czech or EU law.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and FlowHost regarding the Program and supersede all prior agreements.

14.2 Severability

If any provision is found to be unenforceable, the remaining provisions remain in full effect.

14.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

14.4 Assignment

• You may not assign these Terms without FlowHost's written consent.
• FlowHost may assign these Terms to a successor or affiliate.

14.5 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control (e.g., natural disasters, war, government actions).

14.6 Relationship of Parties

You are an independent contractor. Nothing in these Terms creates an employment, agency, or partnership relationship.

15. Contact Information

For questions about these Terms or the Program:

Email: [email protected]
Website: https://flowhost.io/legal/referral-terms

Data Protection Officer: [email protected]

Appendix A: Commission Examples

Example 1: First Payment

• Referee purchases €100 VPS (first payment)
• Referee receives 10% discount: pays €90
• Partner earns 10% commission: €10

Example 2: Recurring Payment

• Referee renews €50/month subscription
• Referee receives 2% discount: pays €49
• Partner earns 2% commission: €1

Example 3: Multiple Payments

• Month 1: Referee pays €100 (first payment) → Partner earns: €10
• Month 2: Referee pays €50 (recurring) → Partner earns: €1
• Month 3: Referee pays €50 (recurring) → Partner earns: €1
• Total earned by partner: €12

Appendix B: Prohibited Activities Examples

✗ Prohibited:

• Sending unsolicited emails to random addresses
• Posting referral links in unrelated forums
• Creating fake accounts to refer yourself
• Claiming FlowHost guarantees uptime or performance
• Using "FlowHost" in your domain name (e.g., flowhost-deals.com)
• Bidding on "FlowHost" keyword in Google Ads

✓ Permitted:

• Sharing your link on your personal blog with honest review
• Posting in relevant hosting forums where allowed
• Creating YouTube videos reviewing FlowHost
• Including link in email signature
• Writing tutorials that mention FlowHost
• Sharing on social media with honest opinions

Appendix C: GDPR Information

Data Controller

FlowHost s.r.o.
Prague, Czech Republic
Email: [email protected]

Purpose of Processing

• Program administration
• Commission calculation and payment
• Fraud prevention
• Analytics and improvement

Legal Basis

• Contract performance (Article 6(1)(b) GDPR)
• Legitimate interest (Article 6(1)(f) GDPR)
• Consent where required (Article 6(1)(a) GDPR)

Data Recipients

• FlowHost employees (need-to-know basis)
• Payment processors (for payouts)
• Tax authorities (if required by law)

Your Rights

See Section 7.4 above.

Complaints

You have the right to lodge a complaint with the Czech Data Protection Authority:
Úřad pro ochranu osobních údajů
Pplk. Sochora 27
170 00 Praha 7
www.uoou.cz