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Communication Guidelines for Upgates Partners

Please note: This text is an automated translation provided for your convenience. For all legal purposes, the original Czech version is the sole binding document. It can be found  here.

This document is effective from October 9. 2025.

These rules define the correct way to communicate with Upgates partners. Following them is key to building trust, protecting the reputation of the entire ecosystem, and maximizing the potential of the partnership.

1. ESSENTIAL BASIS - Compliance with legal standards

Every business address must be in accordance with the legal system of the Czech Republic. Partners are obliged to know and respect in particular the following standards and their practical implications for e-mail and telephone communication:

  • Act No. 480/2004 Coll., on certain information society services: Regulates the sending of commercial communications.
  • Regulation (EU) 2016/679 (GDPR): Relates to the protection of personal data.
  • Act No. 127/2005 Coll., on electronic communications: Key regulation for marketing calls.
  • Act No. 40/1995 Coll., on the regulation of advertising: General rules for advertising.
  • Act No. 634/1992 Coll., on Consumer Protection. 
  • Act No. 89/2012 Coll., Civil Code : Defines the principles of fair business dealings and prohibits unfair or aggressive practices.

Specific obligations of partners:

Emails

  • Each email must contain a clear and functional link for easy unsubscribe from further commercial communications.
  • It must be clearly marked as a “commercial communication” .
  • The partner is responsible for the legal origin of the contacts and the authorization to address them (e.g. based on consent or other legal title).
  • If the legal title of legitimate interest under GDPR is used, the partner is obliged to perform the so-called balancing test and be responsible for its result. The safest title remains the free, specific and demonstrable consent of the addressee.

Phone calls

  • According to Section 96 of the Electronic Communications Act, it is prohibited to call telephone numbers for marketing purposes without the prior, independent and demonstrable consent of the subscriber. This prohibition also applies to numbers of entrepreneurs and companies.

  • Reaching out without consent, relying on the so-called B2B exception, or calling randomly obtained numbers is considered high-risk and is expressly prohibited by Upgates .
  • All communication must be conducted in accordance with the Advertising Regulation Act and the Consumer Protection Act – i.e. without deceptive, untrue or aggressive practices .

2. PARTNER IDENTIFICATION

Every business communication (whether an email, phone call or other form of communication) must contain clear and complete identification of the Partner so that the recipient always knows who is addressing them.

Mandatory requirements:

  • Business name or first and last name of the entrepreneur.
  • Tax ID (if assigned).
  • Registered office/place of business .
  • Contact information – email and/or phone number.
  • Link to the Partner's website (if any).

Special requirements for email communications:

  • The sender's identification must not be hidden or misleading (e.g. anonymous addresses, deceptive sender names).
  • The subject line of the email must not contain misleading or confusing language that could give the impression that it is a different type of message (e.g. invoice, notification, etc.). It is also recommended to include a link to the Partner's personal data processing policy .

Special requirements for telephone communication:

  • The partner must introduce themselves by their business name/company name at the beginning of the call and state the purpose of the call.
  • It is prohibited to impersonate another entity (e.g. Upgates) or to imply such a connection in any way. If a Partner mentions that they are an “Upgates partner”, the wording must be accurate and truthful, e.g.: “We are a registered partner of the Upgates platform and offer the XY service.”
  • It is unacceptable to give the impression that the Partner is calling on behalf of or on behalf of Upgates.

3. CONTENT OF THE COMMERCIAL COMMUNICATION

3.1 General principles

  • The content of the message must be truthful, understandable and must not be misleading or aggressive.
  • It must be clearly distinguishable from editorial or informational content.
  • Commercial communications must not contain unsolicited spam, misleading claims, or manipulative practices.

3.2 Mandatory elements of a commercial communication Each communication must contain:

  • a clear indication that it is a commercial communication,
  • clear identification of the Partner (see Chapter 2),
  • an accurate description of the service or product offered, information about the price (if relevant) or the method of determining it,
  • a simple and functional mechanism for unsubscribing from further communications (for emails),
  • contact for feedback.

3.3 Prohibited formulations and practices

  • Using false information (“cheapest on the market”, unless proven).
  • Hidden fees or incomplete pricing information.
  • Claims of approval, certification or recommendation by Upgates, unless expressly granted.
  • Using superlatives without basis ("best, fastest, most reliable") - unless supported by independent evaluation.
  • Using urgent or coercive methods (“call now or you’ll lose the opportunity”) – this is considered an aggressive practice.

3.4 Recommended elements for increasing trust

  • Transparent description of the benefits of cooperation with the Partner.
  • Link to website with detailed information.
  • Link to privacy policy.
  • If the Partner states cooperation with Upgates, this must be stated truthfully and not misleadingly .

4. FORM AND APPEARANCE OF COMMERCIAL COMMUNICATION

4.1 General requirements

  • Business communications must always be clearly legible, structured and graphically clear.
  • It must not use hidden elements that could mislead the recipient (e.g. invisible text, misleading links).
  • All links must be functional and lead to a clearly identifiable destination.

4.2 Email communications

  • The email must contain a clear and unambiguous subject line that corresponds to the content of the message.
  • The sender must be clearly identifiable (see Chapter 2).
  • Commercial communications must contain: a) mandatory identification data of the Partner, b) a functional link for unsubscribing from further communications, c) a contact e-mail address for questions, d) preferably also a link to the principles of personal data processing.
  • Prohibited practices: using fake subjects (e.g. "Re:", "Fwd:" in the first address), sending attachments containing executable files (.exe, .bat) or other risky formats.

4.3 Telephone messages

  • At the beginning of the call, the partner must introduce themselves and the purpose of the call .
  • They must not use manipulative forms (e.g. claiming that the call is a survey when it comes to an offer).
  • It is necessary to ensure that the call is of appropriate length - it must not be unreasonably lengthy or burdensome.
  • If the person being addressed expresses disagreement with the continuation of the call , the Partner must immediately end the communication.

4.4 Graphic form (online banners, visuals, text)

  • An advertising message must be clearly marked as an advertisement.
  • Banners and online graphics must not imitate system messages, security alerts, or billing prompts.
  • It must not contain hidden links or visuals that could lead to unwanted clicks.
  • The text must comply with the content rules (see Chapter 3).

5. USE OF THE UPGATES BRAND

5.1 General principles

  • The Upgates brand is a protected trademark of EVici webdesign sro
  • The Partner is authorized to use the Mark only to the extent authorized under the Partner Program .
  • Any use of the brand must be truthful, accurate and must not create the impression that the Partner is part of or a direct representation of Upgates.

5.2 Permitted forms of use

  • Indicating that the Partner is an “Upgates Platform Partner” or “registered partner in the Upgates Marketplace”.
  • Use of official logos and materials provided by Upgates to Partners (in the form of a brand manual, media kit or other materials).
  • Mention that the Add-on is offered through the Upgates Marketplace.

5.3 Prohibited forms of use

  • Impersonating a direct sales representative or branch of Upgates.
  • Using the "Upgates" name in your own company, domain or product name without prior written consent.
  • Stating or implying that Upgates provides warranties or is responsible for the Partner's services, unless this has been expressly agreed.
  • Changes to the official appearance of the brand's logo, colors, or typography.

5.4 Control and sanctions

  • Upgates is entitled to review the way the Partner uses the brand at any time.
  • If the brand is used in violation of these rules, the Partner is obliged to immediately remedy the situation .
  • In serious or repeated cases, Upgates reserves the right to terminate cooperation with the Partner and, if necessary, pursue legal claims for trademark infringement.

6. SANCTIONS FOR VIOLATION OF RULES

6.1 Partner's Responsibility

  • The Partner bears full responsibility for compliance with these rules and for the actions of persons who communicate on its behalf (employees, suppliers, subcontractors).
  • Violation of the rules is considered a serious violation of the terms of cooperation with Upgates.

6.2 Types of sanctions In the event of a violation of the rules, Upgates is entitled to apply the following measures to the Partner in particular: a) warning and a call for correction , b) temporary suspension of the publication of Add-ons or the Partner Profile on the Marketplace , c) removal of the Add-on or Partner Profile from the Marketplace , d) termination of cooperation with the Partner , e) compensation for damages if Upgates arose as a result of the violation (e.g. sanctions from supervisory authorities, damage to reputation).

6.3 Partner Collaboration

  • The Partner is obliged to promptly provide Upgates with all information necessary to investigate the violation.
  • If the Partner does not cooperate, Upgates may directly apply higher sanctions (removal, termination of cooperation).

6.4 Liability for damages to third parties If, as a result of a violation of the rules by the Partner, damage occurs to third parties (e.g. Customers, recipients of unsolicited commercial communications), the Partner bears sole responsibility for this and undertakes to compensate Upgates if claims are made against it.

7. FINAL PROVISIONS

7.1 These rules form an annex to the terms and conditions for Upgates partners and are binding on all partners.

7.2 Upgates is entitled to unilaterally change these rules at any time, in particular due to changes in legal regulations, decision-making practice of supervisory authorities or internal business strategy.

7.3 The Partner will be informed of any changes to the Rules by email and by publishing the new version in the Partner Interface. The new version is binding from the effective date specified by Upgates.

7.4 If the Partner does not agree with the change in the rules, he is entitled to terminate cooperation with Upgates no later than the effective date of the change. If he does not do so, it is considered that he agrees with the new wording of the rules.

7.5 These rules are governed by the laws of the Czech Republic. Any disputes arising in connection with their application will be settled before the courts of the Czech Republic with jurisdiction over the subject matter and location of the Upgates company's registered office.