These affiliate terms and conditions ("Agreement") apply to the affiliate program ("Program") of [Company Name] ("Company"). By participating in the Program, you agree to be bound by these terms and conditions.
1) Enrollment: To enroll in the Program, you must submit an application through the Company's website. The Company reserves the right to accept or reject any application in its sole discretion.
2) Promotion: Once you are accepted into the Program, you will receive a unique affiliate link or code to promote the Company's products or services. You may promote the Company's products or services through social media, email, your website, or other channels approved by the Company.
3) Commission: For each sale made through your affiliate link or code, you will receive a commission as specified in your affiliate dashboard. The Company reserves the right to change the commission rate at any time.
4) Payment: Commissions will be paid after the event has taken place, provided that the minimum payment threshold of 50€ has been reached. To receive payment, you must send an invoice to our Company's accounting department with your name, address, tax identification number (if applicable), and the amount of commission earned. Payments will be made via wire transfer or Paypal. The Company is not responsible for any fees or charges that may be incurred by you in connection with receiving payment.
5) Termination: The Company may terminate your participation in the Program at any time for any reason. You may also terminate your participation in the Program at any time by providing written notice to the Company. Upon termination, you will no longer be entitled to receive commissions for any sales made through your affiliate link or code.
6) Restrictions: You may not use the Program to promote the Company's products or services in a manner that is misleading, false, or deceptive. You may not use spam or unsolicited email to promote the Company's products or services. You may not use the Program to promote the Company's products or services on websites that contain offensive or illegal content.
7) Intellectual Property: You acknowledge that the Company owns all right, title, and interest in and to its trademarks, service marks, logos, and other intellectual property ("Company IP"). You may use the Company IP solely for the purpose of promoting the Company's products or services in accordance with this Agreement. You may not use the Company IP in any other manner without the Company's prior written consent.
8) Confidentiality: You agree to keep confidential and not disclose to any third party any confidential information provided to you by the Company, including but not limited to customer information and sales data.
9) Representations and Warranties: You represent and warrant that: (a) you have the legal capacity to enter into this Agreement; (b) you will comply with all applicable laws and regulations in connection with your participation in the Program; (c) you will not infringe upon any intellectual property rights of the Company or any third party; and (d) your participation in the Program will not violate any agreement or obligation to which you are bound.
10) Indemnification: You agree to indemnify and hold harmless the Company and its affiliates, directors, officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your participation in the Program or any breach of this Agreement.
11) Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Spain, without giving effect to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of Palma de Mallorca, Spain, and the parties hereby consent to the personal jurisdiction and venue of such courts.
12) Entire Agreement: This Agreement constitutes the entire agreement between you and the Company with respect o the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter hereof.
13) Amendments: The Company may amend this Agreement at any time by posting the amended terms on its website. Your continued participation in the Program after the posting of the amended terms constitutes your acceptance of the amended terms.
14) Assignment: You may not assign this Agreement or any of your rights or obligations hereunder without the prior written consent of the Company. The Company may assign this Agreement or any of its rights or obligations hereunder without your consent.
15) Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision.
16) Independent Contractors: You and the Company are independent contractors, and nothing contained in this Agreement shall be deemed to create any agency, partnership, or joint venture between you and the Company.
17) Survival: The provisions of Sections 7, 8, 9, 10, 11, 12, 13, 16, 17, and 18 shall survive any termination or expiration of this Agreement.
By submitting your application to the Program, you acknowledge that you have read and understood this Agreement, and agree to be bound by its terms and conditions.