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Art. 1 - Definitions Top

The definitions used in the present Agreement indicate as follows:

Playlink Service – Playlink Sp. z o.o. (Joint Stock Company), with a company’s seat in Kraków at Pawia 9 Street, 31-154 Kraków, entered into the National Court Register at Local Court for Kraków City Center in Kraków, Division XI National Court Register Economic Division, under number 863091, REGON statistical number120983308, Taxpayer’s Identification Number NIP 679-30-15-895, initial capital of 1,000,000.00 PLN, paid in entirely. Internet Service and IT infrastructure, owned by Playlink, enabling the Partner offering Products to his customers as well as settling Partner’s accounts with Playlink.

Product – a game, play, competition, internet game platform and other services, offered by Playlink through the Service, whose owner is Playlink or which can be offered to the Partner by Playlink on the ground of appropriate agreements or licenses owned by Playlink.

Art. 2 - Statements of the Parties Top
  1. Playlink declare that on the basis of concluded agreements they are capable of offering Products to the Partner for the purpose of their advertising and promotion by the Partner.
  2. Playlink declare that they run a business in accordance with the effective rules of law and that their activities taken up in execution of the present Agreement are in accordance with these rules and shall remain so and that they are in possession of all required permissions and licenses for offering their services to the Partner.
  3. The Partner declares that he runs a business according to the effective rules of law, in particular regarding the protection of personal possessions, personal data and intelectual property rights, and that his activities undertaken for carrying out the present Agreement are in accordance with these rules and shall remain so.
Art. 3 - Partner’s rights and responsibilities Top
  1. The Partner is obliged to promote the Products offered through the Service according to the rules of law, the present Agreement as well as principles of social coexistence. In particular the Partner commits himself to:
    1. not advertising the Products in the services the contens of which are not in accordance with Polish law,
    2. observing the rights of third parties, including intelectual property rights and the rules of fair competition.
  2. The Partner has no right to deliver the services and Products provided for him by Playlink to third parties (to pass Products and services on), unless Playlink, the Partner, and the third party conclude a suitable agreement in writing, defining the conditions of handing over and rendering services.
  3. The Partner is obliged to protect all the passwords, access codes and other applied safety measures rendered available to him, in particular protection of his IT systems against break-ins and other kind of unauthorized access.
  4. The Partner is obliged to not advertise and not promote the Products offered through the Service, unless his actions are in compliance with the execution of the present Agreement or the same Products were advertised and promoted by him earlier on the basis of separate agreements concluded still before the date of signing the present Agreement, with other entities offering the same Products.
  5. The Partner is obliged to inform Playlink about all the Products available through the Service which he advertises and promotes already on the day of concluding the present Agreement on the basis of agreements concluded with other parties offering the same Products before the day of signing the present Agreement.
  6. From the moment of signing this Agreement, the Partner is obliged not to conclude any agreements with third parties the subject of which would be advertising and promoting Products that are or will become available through the Service.
Art. 4 - Playlink’s rights and responsibilities Top
  1. Playlink shall make the Service for Products serving available to the Partner and shall assist the Partner in the use of the Service.
  2. Playlink shall eliminate soonest possible all the defects in functioning of the Service reported by the Partner.
  3. 3. Playlink have the right to the following, mutually independent, intervals in providing their services:
    1. one interval per week, from 1:00 a.m. to 3:00 a.m.,
    2. one interval per month, lasting no longer than 6 hrs,
    3. one interval per year, lasting no longer than 12 hrs.
  4. In case of violating Art.3 by the Partner, Playlink have the right to call on the Partner to eliminate the defects within 7 calendar days from the date of summons.
  5. If the Partner will not comply with the summons, as in point 4 above, Playlink have the right to block the services rendered to the Partner until the established defects have been eliminated by the Partner.
  6. Playlink are not responsible for any damages suffered by the Partner due to temporary blocking of services rendered by the Partner on the ground of point 5.
Art. 5 - Products’ promotion Top
  1. The Partner is obliged to promote and advertise the products offered by the Service according to the effective rules of law, provisions of the present Agreement and principles of social coexistence.
  2. In particular, the Partner is obliged to:
    1. not mislead the users of the Product regarding its contents; and if the contents of the Product is meant exclusively for persons of age, he is obliged to inform the users accordingly earlier.
    2. provide the Product’s user with other important information regarding the contents and functioning of the Product.
Art. 6 - Partner’s remuneration Top
  1. The Partner is entitled to a commission for advertising and promotion of the Products offered by the Service
  2. The amount of the commission mentioned in pt.1 depends on the type of Product.
  3. The table of commission rates is worked out individually for each Partner.
  4. The parties unanimously agree that a change in commission rate made to the benefit of the Partner shall not be considered as a change of the present Agreement and as such shall not require an adequate appendix to the Agreement, as mentioned in Art.13 point 3 of the Agreement, but merely earlier notifying the Partner of the essence of the accomplished change.
  5. On the basis of the received report, mentioned in Art.7, the Partner will issue an invoice to Playlink for the total value equalling the value stated in the report. A 22% V.A.T. shall be added to the nett value of the invoice. Playlink shall pay the invoice within 7 working days from the date of receipt of the invoice
  6. Playlink shall render the reports available to the Partner through the Service enabling the verification of the invoiced due amount
  7. Playlink will issue a correction to the report, mentioned in Art.7, if a calculation error has been found in the report, in particular an error of incompatibility of data from IT system
  8. If the invoice, mentioned in point.5, was sent to Playlink, the Partner, basing on the correction mentioned in point 7, shall issue a V.A.T. correcting invoice for the net value equaling the difference between the Partner’s total commission value calculated in the report and his total commission value calculated in the correction. Otherwise, the basis for invoicing, mentioned in point 3, shall be a report’s correction. If Playlink paid the invoice to the Partner, the Partner shall return the difference between the invoiced amount and the amount of the report’s correction to Playlink without a separate summons from Playlink regarding the return
Art. 7 - Mode of settling accounts Top
  1. Settling accounts between the parties will take place in monthly settlements. The first monthly settlement period will fall on the month in which the first commission for advertising and promotion of the Products by the Partner has been noticed on the Service.
  2. Settling accounts for a given settlement period shall be based on Playlink’s report including information on quantity and value of commissions in a given settlement period.
  3. The report made available by Playlink shall include:
    1. indication of a reference period for settling accounts,
    2. calculation of income received from advertising and promotion of the Products, including the listed data of the Product broken down by particular Products,
    3. calculation of the total commission for the Partner.
  4. Playlink has the right to issue one joint report, covering all the Products.
  5. The date of service execution by Playlink (according to art.19 of the law of 11 March 2004 on GST-Journal of Laws the RP 2004 /abbreviated Dz.U./, No. 54, pos.535), is the date of rendering the report available to the Partner
  6. Playlink shall make the report available in electronic form through the Service not later than 7 (seven) working days from the date of closing the settlement period regarding this report.
Art. 8 - Responsibility of the Parties Top
  1. Playlink is not responsible for any damages suffered by the Partner in consequence of the loss of data or inaccessibility of the Service caused by lack of transmission, incorrect transmission, delays or intervals in rendering services beyond the control of Playlink, in particular resulting from force majeure, e.g.: outbreak of war, hurricane, fire, floods, earthquake, strikes, actions or abandonments of government institutions, changes of law, nationwide crush of Internet system or its part, power network failure, causes dependent on the suppliers of the Products and others, remaining beyond the control of Playlink and preventing proper functioning of the Service.
  2. With the reservation of point 1, in case Playlink shall not comply with the terms of this Agreement, the damages resulting thereof to the Partner shall be compensated by Playlink according to the conditions specified in the Civil Code.
Art. 9 - Notifications and authorized persons Top

All notifications specified in the Agreement or related with its execution should be made in writing and addressed to the persons indicated by the Parties or delivered in person or sent to the following address: Playlink Sp. z o.o., ul. Pawia 9, 31-154 Kraków. Notifications on malfunction of Playlink services and other complaints should be faxed to: emailed to: Each Party to this Agreement is obliged to notify the other Party immediately about any change regarding their data specified in points 1-2 above. If the Party does not comply with this obligation, all the notifications sent to their former address, fax number, telephone or email address shall be considered properly delivered.

Art. 10 - Duration and termination of the Agreement Top
  1. The present Agreemnet has been concluded for indeterminate time and it comes into force on the day of its signing by both Parties.
  2. The Parties have the right to terminate the present Agreement at 3 (say:three) months notice at the end of a calendar month by means of a unilateral statement made to the other Party in writing, under pain of invalidity, and sent by registered letter, courier or delivered in person against notice of receipt.
Art. 11 - Confidentialit Top
  1. The Parties commit themselves to confidentiality regarding all the conditions of the present Agreement and all written and oral arrangements between the Parties.
  2. Information mentioned in point 1 must not be passed on to any third party indirectly or directly whereas within the organizational structure of the Parties only the employees, subcontractors, and representatives of the Parties whose access to the information is justified by their business position or their part in execution of the present Agreement, can be allowed access to the information.
  3. Disclosure by either of the Parties of any confidential information to others shall require every time a written consent of the other Party unless this information is available to the general public and its disclosure has not resulted from the breach of the present Agreement.
  4. Obligation of confidentiality provided for in this Article shall be effective for the whole period of validity of this Agreement as well as for the period of 3 (say:three) years after its expiry.
  5. Obligation of confidentiality does not apply to the instances of disclosing information on the basis of unconditionally effective rules of law, in particular the Accounting Act and the Law on public dealing in securities. The Party shall immediately inform the other Party about the disclosure of the information, the organ to whom the information was revealed, the range of disclosure and they shall deliver the copies of documents related to the disclosure.
  6. Playlink is authorized to include the information on the service rendered to the Partner in their informational and advertising materials and to place the Parner on their reference list.
Art. 12 - Settlement of disputes and proper law Top

The present Agreement is subject to the Polish law. The proper Court for the settlement of disputes is the proper venue Court for the seat of Playlink. Before addressing the case before the Court of Law, the Parties shall try first to solve the dispute amicably, acting in good faith and with observance of right interests of the other Party

Art. 13 - Closing stipulations Top
  1. All matters unregulated by the present Agreement shall be governed by adequate regulations of the Polish Civil Code and other applicable laws.
  2. The present Agreement includes all the settlements between the Parties. All other earlier agreements between the Parties become null and void and do not constitute any supplement to the present Agreement.
  3. All changes and supplements to the present Agreement must be made in writing, in the form of an adequate appendix signed by both Parties under pain of invalidity
  4. The present Agreement is binding to the legal successors of the Parties.
  5. Appendices to the Agreement constitute its integral part.
  6. The present Agreement has been drawn in two unanimous copies, one for each Party.

Contact us

Playlink Sp. z o.o.
ul. Pawia 9, 31-154 Kraków, Poland


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