INSPIRE & SHINE AMBASSADOR PROGRAM TERMS AND CONDITIONS
These "Inspire & Shine Ambassador Program Terms and Conditions" simultaneously constitute a proposal for entering into a cooperation agreement (hereinafter referred to as the "Terms") by Athleeya s. r. o., Company ID: 51 800 004, with registered office at Karadžičova 8, 821 09 Bratislava – Ružinov district, registered in the Commercial Register of the District Court Bratislava III, Section: Sro, File No.: 129847/B (hereinafter referred to as "Athleeya") for a natural person entrepreneur or legal entity (hereinafter referred to as the "Ambassador"), who has the opportunity to accept this contract proposal through electronic acceptance.
By accepting these Terms (i.e., the contract proposal), a contractual relationship (hereinafter referred to as the "Agreement") is established between Athleeya and you as the Ambassador regarding cooperation within Athleeya's Inspire & Shine ambassador program (the "Program") pursuant to Section 269(2) of the Commercial Code.
By entering into the Agreement, the Ambassador declares that they meet all conditions set forth by the applicable legal regulations of the Slovak Republic for providing services under this Agreement.
1. SUBJECT MATTER OF THE AGREEMENT
1.1. The subject matter of the Agreement is the promotion of Athleeya's products, philosophy, and values through content created by the Ambassador on social media platforms (e.g., Instagram, TikTok, YouTube, and Facebook).
1.2. The Ambassador undertakes to provide Athleeya with cooperation in the form of promoting its brand, products, and services through content published on their social media accounts in accordance with this Agreement.
2. RIGHTS AND OBLIGATIONS OF THE AMBASSADOR
2.1. The Ambassador is obligated to publish at least 1 post or reel per month and at least 3 to 5 stories per month, showcasing (presenting) Athleeya products in their own style.
2.2. The Ambassador is further obligated to:
- include the designation @athleeya in posts and use the following agreed hashtags: #WeAreAthleeya, #MoveAndShine;
- comply with commercial communication regulations – particularly to properly mark content as #collaboration (#spoluprace)
- no later than 7 calendar days after the end of the relevant calendar month in which complete performance under this article was provided, deliver to the email address ambassador@athleeya.com a report demonstrating compliance with their obligations specified in point 2.1 in the form of screenshots of created content along with publication dates;
- not disseminate false, misleading, or defamatory information about the Athleeya brand;
- maintain confidentiality regarding these Terms of cooperation and internal information provided by Athleeya.
2.3. Within the Program, the Ambassador has the opportunity to provide their followers with a 15% discount on Athleeya product purchases through a unique code that will be assigned to the Ambassador by Athleeya, which the Ambassador may also use.
3. RIGHTS AND OBLIGATIONS OF ATHLEEYA
3.1. Athleeya has the right to:
- utilize the Ambassador's published content for its marketing purposes;
- provide the Ambassador with feedback and guidance regarding content;
- regularly monitor compliance with the Terms by the Ambassador.
3.2. Athleeya undertakes to:
- provide the Ambassador with agreed compensation (see Article 4 of these Terms);
- ensure support in content fulfillment if the Ambassador requires it.
3.3. Athleeya is entitled to increase the discount specified in point 2.3 of these Terms at any time by notifying the Ambassador via email, whereby such change does not require the execution of a separate amendment to the Agreement.
4. COMPENSATION
4.1. For cooperation, the Ambassador is entitled to compensation as follows:
a) commission from each order, depending on the amount of turnover achieved in the calendar month, in the following amounts:
- up to €500: commission rate of 7%;
- from €500.01: commission rate of 10%.
b) product budget for selection from the Athleeya collection once every 3 months:
- up to 50,000 followers: €135
- over 50,000 followers: €260
4.2. For the avoidance of any doubt, the commission pursuant to point 4.1(a) of this article shall be calculated from the order price after the discount used by the customer, excluding VAT. It is also stipulated that only those orders that were successfully completed and not returned by the customer shall be included in the commission.
4.3. The Ambassador acknowledges that the customer has the option to return goods (order) within 30 days, so a situation may arise where if goods were returned by the customer and the Ambassador has already been paid commission for such goods, Athleeya has the right to retrospectively adjust the Ambassador's commission by adjusting the commission amount in the following period.
4.4. For the avoidance of any doubt, the product budget pursuant to point 4.1(b) of this article may only be used for products at full retail price and no customer discount or discount pursuant to point 2.3 of these Terms may be applied to it. Furthermore, the product budget pursuant to point 4.1(b) of this article may be limited by Athleeya only to selected products depending on stock availability and may not be applicable to all items, and is valid for a period of 3 calendar months and does not carry over to the next period.
4.5. Athleeya shall always deliver to the Ambassador's email address a report on the number of orders and the Ambassador's turnover for the previous calendar month within 10 calendar days after the end of the relevant calendar month in which complete performance under Article 2 of these Terms was provided.
4.6. In the event that the Ambassador fails to fulfill any of their obligations specified in Article 2 of these Terms, the Ambassador forfeits their right to compensation pursuant to point 4.1(a) of this article for the previous calendar month.
4.7. After receiving the report pursuant to point 4.5 of this article, the Ambassador is entitled to issue an invoice to Athleeya for the previous calendar month based on the report pursuant to point 4.5 of this article, which must contain the requisites of a tax document according to relevant legal regulations, for the amount specified in the report, i.e., for goods and services provided to Athleeya. The invoice payment term is at least 14 calendar days from the date of its delivery to Athleeya at Athleeya's email address: ambassador@athleeya.com, to the Ambassador's account specified on the invoice delivered to Athleeya.
4.8. If the Ambassador includes incorrect information in the invoice or if the invoice does not contain all required elements specified in this Agreement or relevant legal regulation, Athleeya is entitled to return the invoice to the Ambassador without payment for revision. By returning the invoice, the payment term is interrupted and a new payment term begins to run anew after delivery of a correctly prepared invoice.
4.9. For the purposes of this Agreement, the date of compensation payment is considered the date of debiting the relevant amount from Athleeya's account in favor of the Ambassador's relevant bank account. Payment of the invoice is considered confirmation by Athleeya that performance was provided properly and on time.
5. LICENSE AND INTELLECTUAL PROPERTY
5.1. The Ambassador grants Athleeya a non-exclusive, royalty-free, and time-unlimited license to use created content (photographs, videos, texts) for promoting the Athleeya brand on all platforms (web, social media, newsletter, etc.).
5.2. The Ambassador guarantees that they are the exclusive author of the content and its use does not infringe the rights of third parties.
6. LIABILITIES
6.1. The Ambassador assumes responsibility for fulfilling this Agreement, i.e., for properly providing and fulfilling the subject matter of the Agreement according to the conditions of this Agreement, particularly that fulfillment of the Agreement's subject matter will be provided under conditions and within deadlines specified in this Agreement.
6.2. The Ambassador guarantees the legal faultlessness of the Agreement's subject matter and/or its fulfillment, particularly but not exclusively, that any rights of third parties from industrial or other intellectual property are not and will not be violated, nor any legal regulations governing intellectual property rights and other legal regulations, including but not limited to copyright regulations. The Ambassador undertakes to settle all legal relationships with third parties who will participate in creating and fulfilling the Agreement's subject matter according to this Agreement, so that these persons cannot assert any claims against Athleeya and third parties arising from personal, property, industrial, copyright, or other similar rights in connection with proper fulfillment of the Agreement's subject matter and the Ambassador's obligations under this Agreement. In case the Ambassador violates their obligation of legal faultlessness guarantee and/or violates the obligation to settle all legal relationships with third parties according to this point of the Agreement, they undertake to compensate Athleeya for damage caused by the Ambassador's breach of obligation, in full amount. For the purposes of this point of the Agreement, damage also includes harm that arose to Athleeya because the Client had to incur costs as a result of the Ambassador's breach of this contractual obligation.
6.3. In the event that the Ambassador does not provide performance pursuant to point 2.1 of Article 2 for three consecutive months from when the product budget was provided, they are obligated to return the value of the provided product budget within 7 calendar days from the date of receiving notice from Athleeya.
7. CONFIDENTIALITY OBLIGATION AND PROTECTION OF CONFIDENTIAL INFORMATION
7.1. Confidential information provided, delivered, announced, made available, or obtained in any other way by one contracting party from the other contracting party or from an authorized person of the other contracting party based on or in any connection with this Agreement may be used exclusively for the purposes of fulfilling the Agreement's subject matter. The contracting parties undertake to maintain confidential information, as well as all information provided, delivered, announced, made available and/or obtained in any other way by the contracting parties based on the agreement and/or in any connection with the agreement in strict secrecy, maintain confidentiality about them and protect them from misuse, damage, destruction, depreciation, loss, and theft, even after termination of the Agreement's validity and effectiveness. A contracting party is not authorized without prior written consent of the other contracting party to provide, deliver, announce, make available, publish, disseminate, reveal, or use confidential information other than for the purposes of fulfilling this Agreement's subject matter, even after termination of this Agreement's validity and effectiveness, except in the case of providing/delivering/announcing/making them available to professional advisors of the contracting party (including legal, accounting, tax, and other advisors who are either bound by general professional confidentiality obligation established or imposed by law or are obligated to maintain confidentiality based on written agreement with the contracting party).
7.2. A contracting party is liable for damage caused to the other contracting party as provider of confidential information, as well as to the subject to whom the confidential information relates, by their unauthorized provision, delivery, announcement, making available, publication, dissemination, revelation, or use other than for the purposes of fulfilling this Agreement's subject matter, as well as by insufficient protection, in full scope, including damage consisting in loss of credibility of the contracting party to whom the confidential information relates, or for other harm arising.
8. CONCLUSION, DURATION, AND TERMINATION OF THE AGREEMENT
8.1. These Terms represent the complete text of the Agreement between Athleeya and the Ambassador, concluded in the form of a so-called clickwrap agreement – i.e., in the form of an electronic agreement where the Ambassador expresses consent to these Terms by approving this Agreement form and clicking the "SUBMIT" button. An agreement concluded in this manner has legal effects according to Section 40(3) of the Civil Code (conclusion in writing through electronic communication).
8.3. This Agreement is concluded for an indefinite period and becomes valid and effective on the date of its signature by the Ambassador. Athleeya is entitled, due to changes in legal regulation, changes in market situation, changes in business policy, or based on its decision, to change, supplement, cancel, or replace these Terms (hereinafter "Terms Amendment"). Athleeya is obligated to notify the Ambassador of the Terms Amendment, stating its validity and effectiveness, by sending the relevant Terms Amendment to the Ambassador's email address no later than 14 days before the effective date of the Terms Amendment. A Terms Amendment is not a fact that would require conclusion of a written amendment to the Agreement. In case of the Ambassador's disagreement with the Terms Amendment, the Ambassador has the right to withdraw from the Agreement for this reason no later than the last day before the effective date of the Terms Amendment, and simultaneously the withdrawal from the Agreement must be delivered to Athleeya at its email address no later than the last day before the effective date of the Terms Amendment, otherwise the Ambassador's right to withdraw from the Agreement expires. If the Ambassador does not properly and timely exercise the right to withdraw from the Agreement pursuant to this point, it is deemed that the Ambassador agrees with the Terms Amendment.
8.4. Either contracting party may terminate this Agreement without stating reasons by delivering notice to the other contracting party via email. The notice period is 1 month and begins to run on the first day of the calendar month following delivery of the notice.
8.5. Athleeya is entitled to withdraw from the Agreement in case the Ambassador violates any obligation specified in these Terms, or even without stating reasons. Withdrawal from the Agreement is effective upon its delivery to the Ambassador via email.
9. PERSONAL DATA PROTECTION (GDPR)
The Controller of personal data is the company with Company ID: 51 800 004, with registered office at Karadžičova 8, 821 09 Bratislava – Ružinov district, registered in the Commercial Register of the District Court Bratislava III, Section: Sro, File No.: 129847/B: Athleeya s. r. o, email: gdpr@athleeya.com (hereinafter referred to as the "Controller")
9.1. Purpose of personal data processing:
Personal data of the Ambassador as a natural person are processed for the following purposes:
a) ambassador records and contract agenda management,
b) payment of compensation, barter benefits, and other forms of compensation,
c) communication in connection with cooperation (e.g., notifications, terms changes, assignments),
d) proving rights and fulfilling obligations arising from the contractual relationship,
e) fulfilling legal obligations (particularly accounting and tax),
f) data archiving in case of legal claims.
9.2. Legal basis for processing:
The legal basis for processing the Ambassador's personal data are:
- Art. 6(1)(b) GDPR – contract performance,
- Art. 6(1)(c) GDPR – fulfilling legal obligation (accounting and tax records),
- Art. 6(1)(f) GDPR – legitimate interest (e.g., asserting legal claims, cooperation records),
- Art. 6(1)(a) GDPR – Ambassador's consent (in cases where relevant, e.g., using photography on website).
9.3. Scope of processed data:
The Controller processes particularly the following Ambassador data:
- name and surname,
- contact information (email address, phone number),
- billing and banking information (account number, Company ID/Tax ID – if sole proprietor),
- social media usernames,
- number and statistics of reach of posts related to the Program,
- delivery address (in case of barter shipments),
- communication between parties (email, messages).
9.4. Recipients of personal data:
Personal data may be made available or provided to:
- accounting company that maintains Controller's records,
- delivery services (e.g., Slovak Post, courier companies) in case of product shipments,
- IT and web hosting providers who ensure technical website support,
- legal and tax advisors, if necessary for asserting legal claims,
- public authorities, if required by law.
9.5. Personal data retention period:
Ambassador's personal data will be retained:
- during the duration of the contractual relationship,
- for a maximum of 10 years after its termination, if necessary to prove fulfillment of Controller's obligations (particularly for tax, accounting, or contractual reasons).
9.6. Rights of the data subject:
The Ambassador as data subject has the right to:
a) access to personal data,
b) rectification of incorrect or outdated data
c) erasure (if the purpose ceases or if consent is withdrawn),
d) restriction of processing,
e) object to processing based on legitimate interest,
f) data portability,
g) file a complaint with the Office for Personal Data Protection of the Slovak Republic.
10. FINAL PROVISIONS
10.1. The Agreement is governed by the law of the Slovak Republic.
10.2. Changes and amendments must be agreed in writing (including via email).
10.3. Invalidity of one part of the agreement does not affect the validity of the remainder.
10.4. In case of dispute, the contracting parties undertake to seek resolution by agreement, or before the competent Slovak court with local and subject matter jurisdiction.
These Terms become effective on May 25, 2025.