These Terms and Conditions of The Affiliate Programme set the rules for the provision of services by the Tomasz Namyslo trading as tomeckiStudio, offered at https://tomecki.studio/. Please read carefully to ensure you understand my terms before purchasing any of my products or services.
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
These Terms and Conditions of The Affiliate Programme are an extension of the general Terms and Conditions, available at this link: https://tomecki.studio/terms-and-conditions/
These Terms and Conditions of The Affiliate Programme inherit definitions from the Terms and Conditions, available at this link: https://tomecki.studio/terms-and-conditions/
- Materials - means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) used in the Program.
- Programme - affiliate programme of tomeckiStudio.
- Account - Affiliate account to participate in the Programme.
- Referral Code or Coupon - unique character string to identify the Affiliate.
- tomeckiStudio System - a system developed by tomeckiStudio for communication between tomeckiStudio and the Client, Partner, Lessee, Affiliate, transfer of materials, access to data, resources, and much more.
- Special Link - link to the tomeckiStudio's website with special format and Referral Code
tomeckiStudio reserves the right to update and change the Terms and Conditions of The Affiliate Programme from time to time without notice. Any new features that augment or enhance the Account, including the release of new tools and resources, shall be subject to the Terms and Conditions of The Affiliate Programme. Continued use of the Account or participation in the Programme after any such changes shall constitute Affiliate consent to such changes.
A breach or violation of any term in the Terms and Conditions, including these Terms and Conditions of The Affiliate Programmel, as determined in the sole discretion of tomeckiStudio may result in an immediate termination of Affiliate's Services, deletion of the Account and expulsion from the Programme.
Questions about the Terms and Conditions of The Affiliate Programme should be sent to tomeckiStudio's Support.
- Affiliate must be 18 years or older to be part of this Programme.
- Affiliate must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- Affiliate must provide Affiliate's legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Affiliater login may only be used by one person – a single login shared by multiple people is not permitted.
- Affiliate are responsible for maintaining the security of Affiliate's account and password. tomeckiStudio cannot and will not be liable for any loss or damage from Affiliate's failure to comply with this security obligation.
- Affiliate are responsible for all Materials posted and activity that occurs under Affiliate's account.
- One person or legal entity may not maintain more than one account.
Affiliate may not use the Programme for any illegal or unauthorized purpose nor may Affiliate, in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws), the laws applicable to Affliate in their customer’s jurisdiction, or the laws of United Kingdom. Affliate will comply with all applicable laws, rules and regulations in Affliate use of the Programme and their performance of obligations under the Terms and Conditions.
Affiliate acknowledge that their simply are chargeable for the creation and operation of their Account.
Affliate is not a representative of tomeckiStudio. No contract concluded between the Affliate and the buyer establishes anything between the buyer and tomeckiStudio.
Affliate are liable for all Materials, activity and content like photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with their Account or Programme.
Upon joining the Programme Affiliate receives:
- a Referral Code,
- access to their account in the tomeckiStudio System,
- materials that their can use for promotion,
- advice and guidance.
Materials in any Medium of Communication
Affiliate is permitted to place links, banners, or other graphics tomeckiStudio provides with the Account on their site, emails, or in other media of communication. tomeckiStudio will provide Affliate with guidelines, link styles, and graphical artwork to use in linking to tomeckiStudio.
The Affiliate has the right to create its own Materials, but must follow the guidelines. The Affiliate may not show tomeckiStudio in a negative image or abuse the Programme, e.g. by spamming.
To permit accurate tracking, reporting, and referral fee accrual, tomeckiStudio will provide Affiliate with special link formats to be used in all links between their site and the tomeckiStudio. Affiliate must ensure that each of the links between their site and the tomeckiStudio properly utilizes such special link formats. Links to the tomeckiStudio placed on their site pursuant to this agreement and which properly utilize such special link formats are referred to as “Special Links.” Affiliate will earn referral fees only with respect to sales on a tomeckiStudio product occurring directly through Special Links or the use of a Coupon in a message by a customer; tomeckiStudio will not be liable to Affiliate with respect to any failure by their or someone their refer to use Special Links or incorrectly type their Referral Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to their pursuant to this agreement.
Affiliate links should point to the page of the product being promoted.
Referral Fees/Commissions and Payment
For the sale of a Product or Service to qualify for a referral fee, the Client must go to the tomeckiStudio's website via the Special Link and complete the Order during that session; or write to tomeckiStudio with the Referral Code.
tomeckiStudio will only pay commissions on links or code that are automatically tracked and reported by tomeckiStudio Systems. tomeckiStudio will not pay commissions if someone says they purchased or someone says they entered a Referral Code if it was not tracked by tomeckiStudio's System. tomeckiStudio can only pay commissions on business generated through properly formatted Special Links that were automatically tracked by tomeckiStudio Systems. The exception to this is an order placed via tomeckiStudio's official email and via contact forms on the website if the Client has provided Referral Code in the message and can prove it.
tomeckiStudio reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once Affiliate’ve earned more than £20 in affiliate income. If Affiliate's Account never crosses the £20 threshold, their commissions will not be realized or paid. tomeckiStudio is only responsible for paying Accounts that have crossed the £20 threshold.
Funds pass from month to month.
All withdrawal fees are covered by the Affiliate.
tomeckiStudio reserves the right to close an Affiliate's Account without reason. In this case, the Affliate will be notified and given one month to withdraw the funds. If the Affiliate does not withdraw funds within this period, the funds will be forfeited.
Identifying Client as a tomeckiStudio Affiliate
Affiliate may not issue any press release with respect to this agreement or their participation in the Programme; such action mmay result in the Affiliate being expelled from the Programme. In addition, Affiliate may not in any manner misrepresent or embellish the relationship between tomeckiStudio and their, say their develop tomeckiStudio's Products or Services, say their are part of tomeckiStudio or express or imply any relationship or affiliation between tomeckiStudio and their or any other person or entity except as expressly permitted by this agreement (including by expressing or implying that tomeckiStudio support, sponsor, endorse, or contribute money to any charity or other cause).
Affiliate may not purchase products through their affiliate links. Such purchases may result (in tomeckiStudio sole discretion) in the withholding of referral fees and/or the termination of the Account and in the Affiliate being expelled from the Programme.
Affiliate will be solely responsible for the development, operation, and maintenance of their site and for all materials that appear on their site. For example, Affiliate will be solely responsible for:
- The technical operation of their site and all related equipment
- Ensuring the display of Special Links on their site does not violate any agreement between their and any third party (including without limitation any restrictions or requirements placed on their by a third party that hosts their site)
- The accuracy, truth, and appropriateness of Materials posted on their site (including, among other things, all Product-related materials and any information their include within or associate with Special Links)
- Ensuring that Materials posted on their site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that Materials posted on their site are not libelous or otherwise illegal
Compliance with Laws
As a condition to Affiliate participation in the Programme, their agree that while their are a Programme participant their will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over their, whether those laws, etc. are now in effect or later come into effect during the time their are a Programme participant. Without limiting the foregoing obligation, Affiliate agree that as a condition of their participation in the Program their will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Contract and Program
The term of Contract will begin upon tomeckiStudio acceptance of Affliate Programme application and will end when terminated by either party. Either Affliate or tomeckiStudio may terminate the Contract at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of the Contract for any reason, Affliate will immediately cease use of, and remove from their site, all links to tomeckiStudio website, and all of its trademarks, trade dress, and logos, and all other Materials provided by or on behalf of tomeckiStudio to Affliate pursuant hereto or in connection with the Programme. tomeckiStudio reserves the right to end the Programme at any time. Upon Programme termination, tomeckiStudio will pay any outstanding earnings accrued above £20.
Relationship of Parties
tomeckiStudio and Affliate are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affliate will have no authority to make or accept any offers or representations on tomeckiStudio behalf. Affiliate will not make any statement, whether on their site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
tomeckiStudio will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this agreement or the Programme, even if tomeckiStudio has been advised of the possibility of such damages. Further, tomeckiStudio aggregate liability arising with respect to this agreement and the Programme will not exceed the total referral fees paid or payable to Affliate under this agreement.
tomeckiStudio make no express or implied warranties or representations with respect to the Programme or any Products or Services sold through the Programme (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, tomeckiStudio make no representation that the operation of the tomeckiStudio will be uninterrupted or error-free, and tomeckiStudio will not be liable for the consequences of any interruptions or errors.
This agreement will be governed by the laws of The United Kingdom, without reference to rules governing choice of laws. Affliate may not assign this agreement, by operation of law or otherwise, without tomeckiStudio prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. tomeckiStudio's failure to enforce Affliate's strict performance of any provision of this agreement will not constitute a waiver of tomeckiStudio's right to subsequently enforce such provision or any other provision of this agreement.
The failure of tomeckiStudio to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between Affliate and tomeckiStudio and govern their use of the Service, superceding any prior agreements between their and tomeckiStudio (including, but not limited to, any prior versions of the Terms and Conditions).