Affiliate Program Terms and Conditions

Terms and Conditions of the B2Brouter Affiliate Program

Last updated: 15-2-2024

By registering in the B2Brouter Affiliate Program (hereinafter, the “Affiliate Program”), you agree to be bound by these terms and conditions (hereinafter, the “Agreement”), which constitute a legal contract between B2Brouter Global S.L., with registered office in Barcelona, Av. Diagonal 433, CP 08036 (hereinafter, “B2Brouter”), and the “Affiliate” (hereinafter, “Affiliate”).

1. Purpose and Scope

This Agreement governs participation in the B2Brouter Affiliate Program, through which the Affiliate will promote B2Brouter’s services and paid plans (Professional and Business) using unique code links that allow the identification and registration of referrals (hereinafter, “Referrals”). Acceptance of this Agreement occurs upon successful completion of registration in the Affiliate Program.

2. Definitions

  1. Affiliate Program: A system through which B2Brouter allows third parties (Affiliates) to promote its products or services in exchange for a commission for each Referral that becomes a paying customer.
  2. Affiliate Link: A personalized URL that contains a unique tracking code assigned to the Affiliate and allows unequivocal identification of generated Referrals.
  3. Referral: An account created in B2Brouter through the Affiliate Link, which subsequently becomes a customer by paying for a subscription.
  4. Commission: The percentage or monetary amount that B2Brouter will pay the Affiliate for each Referral that meets the subscription conditions set out in this Agreement.

3. Nature of the Relationship

The parties act as independent contractors, with no partnership, association, joint venture, agency, representation, franchise, or employment relationship existing between them. The Affiliate undertakes to refrain from making statements or taking actions that could be interpreted as establishing a relationship other than the one set forth in this Agreement.

4. Program Entry Requirements and Conditions

  1. The Affiliate must:
    • Be over 18 years old.
    • Fully accept and comply with the terms of this Agreement.
  2. The application to become an Affiliate will be evaluated by B2Brouter. Once the application is accepted, the Affiliate must complete their registration on the B2Brouter platform.

5. Non-Exclusivity

This Agreement does not grant exclusivity to the Affiliate nor prevent B2Brouter, or third parties, from marketing, promoting, and/or selling similar products or services. Both parties may maintain business and contractual relationships with third parties, at their sole discretion.

6. Promotion and Marketing of the Service

  1. Promotion Purpose:
    The Affiliate will promote B2Brouter’s Professional and Business plans, using exclusively the Affiliate Link provided.

  2. Promotion Conditions:

    • The Affiliate may not offer conditions or features of the service that are not expressly described in B2Brouter’s plans.
    • A Referral will only be considered generated when:
      • The registration is made through the Affiliate Link.
      • The Referral makes the corresponding subscription payment to B2Brouter.
    • The Referral’s assignment will be consolidated at the time the subscription payment is received, not at the time of registration.
    • The pre-assignment of a potential Referral will expire 30 days from registration if the subscription payment is not completed.

  3. Limitations:

    • Only companies that have never been and are not current B2Brouter customers will be considered Referrals.
    • A Referral may only be assigned to a single Affiliate.
    • The Affiliate Program is not compatible with the Kit Digital grant program (Spain).

7. Commissions, Calculation and Payments

  1. Commission Calculation:

    • The Affiliate will be entitled to a commission equivalent to 30% for each Referral that, having registered through the Affiliate Link, makes the corresponding subscription payment.
    • The initial subscription will be considered effective from the date the selected plan is registered and paid.

  2. Payment Conditions:

    • Commission payments will be made monthly, after verifying compliance with the conditions established for each Referral.
    • B2Brouter reserves the right to suspend commission payments in the event of non-compliance with eligibility criteria or in cases of refunds, cancellations, or fraud.
    • If the Referral requests a refund or cancels within 30 days after payment, the corresponding commission will not be paid.

  3. Payment Method and Tax Responsibility:

    • The Affiliate must maintain a valid and up-to-date payment method in their B2Brouter account.
    • The Affiliate will be responsible for declaring and paying any taxes and fees arising from the commissions paid, releasing B2Brouter from any responsibility in this regard.

8. Anti-Fraud and Misuse Measures

  1. Any action attempting to manipulate or generate artificial traffic, including the use of automated techniques or any other fraudulent behavior, will be considered misuse of the Affiliate Link.
  2. If fraud, abuse of the Affiliate Program, or violation of any provisions of this Agreement is detected, B2Brouter reserves the right to:
    • Immediately suspend the Affiliate Link.
    • Terminate the Agreement.
    • Withhold accrued commissions until the corresponding investigation is completed.
  3. B2Brouter may, at its sole discretion, determine cases of fraud or abuse without granting the Affiliate any right to compensation.

9. Data Protection and Privacy

  1. B2Brouter undertakes to process the personal data of the Affiliate and Referrals in accordance with the General Data Protection Regulation (GDPR) and applicable Spanish regulations, adopting the necessary security measures to ensure confidentiality and proper use of such information.
  2. For more information on data processing, the Affiliate is invited to consult B2Brouter’s Privacy Policy, which forms an integral part of this Agreement.
  3. The Affiliate expressly consents to the processing of their data as stipulated, with B2Brouter authorized to disclose such data to third parties only when strictly necessary for the proper management of the Affiliate Program.

10. Agreement Modifications

B2Brouter reserves the right to modify, at any time and at its sole discretion, the terms and conditions of this Agreement. In the event of modifications, Affiliates will be notified of the effective date of the changes. Continued participation in the Affiliate Program after such date will be considered acceptance of the new terms. If the Affiliate disagrees with the changes, they may terminate their participation in the Program without penalty.

11. Brand Promotion and Use of Resources

  1. The Affiliate will have the right to use the graphic resources, logos, and images provided by B2Brouter, provided that:
    • They are not altered, modified, or edited in any way.
    • They are not used in a misleading manner or in a way that may cause confusion about B2Brouter’s endorsement, support, or approval.
  2. The Affiliate is responsible for ensuring that any content (reviews, descriptions, articles, etc.) in which such resources are used complies with applicable intellectual property, trademark, and copyright laws.
  3. B2Brouter reserves the right to request the immediate suspension of the use of its resources and brand if misuse or violations of the terms stipulated herein are detected.

12. Indemnification

The Affiliate agrees to indemnify, defend, and hold harmless B2Brouter, its officers, employees, and representatives from any claim, demand, action, or proceeding, including attorneys’ fees, arising out of or resulting from the breach of this Agreement, misuse of the platform, fraudulent generation of Referrals, or any violation of applicable law (including, but not limited to, tax and intellectual property law).

13. Limitation of Liability

B2Brouter shall not, under any circumstances, be liable for indirect damages, lost profits, lost opportunities, or any other consequential damages that may arise from participation in the Affiliate Program. B2Brouter’s total liability, in the event of proven direct damages, will be limited to the amount of commissions paid to the Affiliate during the period immediately preceding the claim, to the maximum extent permitted by applicable law.

14. Jurisdiction and Applicable Law

This Agreement shall be governed by and construed in accordance with Spanish law. For the resolution of any disputes arising from this Agreement, the parties submit to the exclusive jurisdiction of the courts of Barcelona.

15. Termination

  1. Either party may terminate this Agreement at any time, with or without cause, by written notice (sent to the email: comercial@b2brouter.net).
  2. Termination of the Agreement will not affect the Affiliate’s right to receive commissions corresponding to Referrals that have met all conditions up to the date of termination.
  3. In the event of termination due to Affiliate breach or fraudulent acts, B2Brouter reserves the right to withhold any pending payments and to take appropriate legal action.

16. Final Provisions

  1. Entire Agreement:
    This Agreement constitutes the entire agreement between the parties and supersedes any prior communication or agreement, oral or written, related to its subject matter.

  2. Severability:
    If any provision of this Agreement is deemed invalid or unenforceable, this will not affect the validity of the remaining provisions, which shall remain in full force and effect.

  3. Contact:
    Any questions or inquiries regarding this Agreement should be addressed to:
    Email: comercial@b2brouter.net

By completing the registration process in the B2Brouter Affiliate Program, the Affiliate acknowledges having read, understood, and accepted each and every provision contained in this Agreement.

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