Terms and Conditions of Participation TikTok Bonus Program

CAMPAIGN CONDITIONS

1. Scope and Organizer:
These conditions govern the participation in time-limited TikTok Bonus Programs (each a “Campaign”) within the framework of our TikTok Shop Affiliate Program for Creators ("Participants ") in Poland.
The organizer of the Campaign is: Synformulas GmbH with its registered office in Gräfelfing (“Synformulas”). Details of the respective current Campaign can be found in the Whatsapp channel.

2. Conditions of participation
2.1. Eligible to participate are natural persons who:
•    are at least 18 years old;
•    operate a valid TikTok account that is registered for the TikTok Shop;
•    are resident in Poland; and
•    have joined Synformulas’s Whatsapp channel: Whatsapp channel
2.2. Employees of Synformulas as well as of affiliated entities are excluded from participation
2.3. Participation is only possible on own account; representation is excluded.

3. Campaign Period and Process:
3.1. Each Campaign runs for a specified time period. The current campaign period can be found at all times in the Whastapp channel. The placement of orders by end customer in the TikTok Shop is relevant for determination whether a sale counts for a certain bonus campaign or not.
3.2. Synformulas may terminate a Campaign at any time. Synformulas reserves the right, at its sole discretion, to exclude Participants from (further) participation and to assert a claim for repayment of commissions already paid if there are good reasons to do so, e.g. in case of (a) manipulation in connection with access to or implementation of the Campaign (for example own orders), (b) breach of these campaign conditions, (c) unfair conduct or (d) false or misleading information in connection with participation in the Campaign.
3.3. The Participant promotes products of Synformulas within the framework of the TikTok Shop Affiliate Program. Sales must be made via the Participant’s TikTok Shop affiliate links. External links are prohibited.
3.4. The Participant must contact Synformulas within 10 days after the end of the Campaign by email (to tiktok@kijimea.pl) in order to claim a bonus reward. In this email the Participant must state the achieved gross merchandise value ("GMV", excluding any gross merchandise value generated by orders from or on behalf of the Participant) and submit his invoice. After expiry of this period the claim to the bonus reward lapses.

4. Remuneration:
4.1. Standard commission
The Participant receives the commission as defined in the TikTok Shop Affiliate Program.
4.2. Bonus rewards
Additional tiered bonuses are granted based on the Gross Merchandise Value (‘GMV’) achieved by the participant during the campaign period. Self-orders are excluded in the calculation.  A Participant may have several TikTok accounts. However, the relevant GMV amount must have been generated within one TikTok account, i.e. the accounts may not be combined in order to reach the GMV amount. The specific amount of the bonus rewards is determined by the rules of the current Campaign. Details about the specific bonus amounts for a certain campaign  is determined based on the rules for the relevant campaign as communicated in the Whatsapp channel.  The GMV shown in the TikTok Shop at the end of the Campaign period is decisive for the calculation.

5. Payment and Taxation:
5.1. Standard commissions are processed by TikTok in accordance with the TikTok Shop Affiliate conditions. Bonus rewards are paid out directly by  Synformulas (bank transfer) within 60 days after the end of the Campaign, but not earlier than 14 days after receipt of the invoice. 
5.2. The Participant is obliged to provide correct payment and tax data and to issue a proper invoice; otherwise no payout can be made.
5.3. By submission of the invoice, the Participant agrees with and accepts these the terms and conditions of participation stipulated herein and accepts them, if not already previously accepted.
5.4. All payments are gross amounts. Bonus rewards and commissions are taxable income. Participants are responsible for their own tax compliance and any necessary trade registrations. The organiser may require proof of tax registration (e.g. Tax ID) prior to making a payment.

6. Participant Obligations:
6.1 All content must be clearly marked as advertising (e.g. ‘Paid Partnership’).
6.2. The Participant undertakes to comply with the requirements of the campaign briefing, the TikTok guidelines and applicable law. In particular, the content may not contain any unlawful, discriminatory or trademark-infringing content.
6.2 Participants shall indemnify Synformulas against any third-party claims arising from their content published in the context of the Campaign, insofar as these are based on a breach by the Participant of statutory provisions, of the TikTok guidelines, of the requirements of the campaign briefing, if received, or of these terms and conditions of participation. This includes in particular claims based on misleading advertising, infringement of third-party rights and breaches of the obligation to mark as advertising. The indemnification also includes the costs of an appropriate legal defence of Synformulas.
6.4. Synformulas may require the removal of non-compliant content at any time.

7. Liability & exclusion
7.1. Synformulas is only liable for damages caused intentionally or by gross negligence.
7.2. No Liability is assumed for technical failures of TikTok.

8. Data protection and confidentiality
Personal data will be  processed exclusively for the implementation of the Campaign and in accordance with Synformulas’ privacy policy.
The Parties undertake to maintain the strictest confidentiality about all matters that they become aware of in the context of this cooperation. This applies beyond the term of the cooperation. However, we may share information received with our affiliated companies and/or service providers and advisers, provided that they are in turn contractually or professionally obliged to maintain confidentiality

9. Applicable law
The agreement on participation in the Campaign and these terms and conditions are governed exclusively by the laws of the Federal Republic of Germany. Place of jurisdiction is Munich. In the event of a conflict between these conditions, the terms and conditions of participation for our Affiliate Program and the TikTok conditions, these conditions shall prevail.