General Affiliate Program Conditions

These are the general conditions regulating Webempresa’s affiliate program.

By joining our affiliate program, you agree that these are the contractual terms by which we must both abide in our relationship from that time on; us as provider and you as an affiliate.

These conditions will be valid indefinitely and will apply to all registrations in the affiliate program. Webempresa reserves the right to amend these conditions without this affecting registrations for affiliation or the activity of the affiliates prior to any of these amendments.

Acceptance of this document means that the CLIENT:

Has read and understood what is stated here.
Is a natural person over 18 years of age, with sufficient capacity to contract, or a legally constituted legal entity, through the natural person who holds the capacity of representation.
Assumes all the obligations set out here.

PARTIES TO THE AGREEMENT

In the European office:

The parties linked through this agreement are, on the one hand, Webempresa Europa SL, with its registered office at calle Almagro, 11, 6º, 7ª, Madrid (CP 28010) – Spain, registered in the Mercantile Registry of Madrid, with Tax ID No. B-65739856 and whose contact email address is comercial@webempresa.com. Hereinafter, Webempresa.

On the other hand, the affiliate, a natural person over 18 years of age or a legally constituted legal entity, who meets the requirements and wishes to become a Webempresa affiliate, in accordance with the provisions of these conditions of affiliation. Here in after, the Affiliate.

In the American office:

On the one hand, Webempresa América INC., with registered office at 150 Clove Road, 11 Floor Little Falls, 07424 New Jersey – United States of America, with tax ID EIN: 99-0373184 and whose contact e-mail is comercial@webempresa.com. Hereinafter, Webempresa.

II. ABOUT THE AFFILIATE PROGRAM

The Webempresa affiliate program aims to generate web traffic and promotion of and subscription to our services by third parties.

These third parties acquire the status of affiliates by registering in the program through the webempresa.com website or the Webempresa client area.

Definitions:

In the context of these contractual conditions, the following terms are defined as indicated below:

Affiliate: Natural persons or legal entities who apply for registration and are accepted as members of the Webempresa affiliate program.
Affiliate network: A network composed of all members of Webempresa’s affiliate program.
Affiliate Program: The set of services offered by Webempresa to its affiliates, enabling them to benefit economically.
Medium: The website or websites the Affiliate will use to carry out their activity to promote Webempresa’s services.
URL, unique link, or qualified link: A link from an Affiliate’s website to Webempresa’s website, identifying the medium uniquely for proper measurement of visits and purchases referred through it.
Click: The action of clicking on a link.
Session: The time elapsed since a user entered Webempresa’s website through an Affiliate’s link. The session ends when the user returns to Webempresa’s website through another link or on expiry of the period of the qualified link from the Affiliate’s website, after 90 calendar days.
Agreement: Is the arrangement between Webempresa and the Affiliate, defined in these contractual terms and conditions.

III. CONDITIONS FOR REGISTRATION IN THE AFFILIATE PROGRAM

Application for registration in the affiliate program is free and does not require any type of economic investment by the Affiliate.

If the Affiliate needs to make any investments to be able to conduct their activity in the context of this program for any reason, this investment will be their exclusive responsibility. If you need to make an investment to improve your website, for example, or to use marketing tools, this investment will be your responsibility alone.

Requirements to be part of the program

Any person, company or organization that meets the requirements below can apply for registration in the program and acquire the status of Affiliate:

The applicant must be a natural person over 18 years of age or a legally constituted legal entity (through the natural person who has the legal capacity to represent it), with full capacity to contract.
The applicant must be the owner of a website and/or an activity (training, conferences, etc.) appropriate for promotion of Webempresa’s services. Websites or activities relating to pornography, online games, and any website that violates the law in force in any way are expressly excluded.
The applicant must own or have rights to the media they will use to carry out their activity as an Affiliate, or be expressly authorized by the owners of the website or websites for this purpose.
The applicant must have read, understood, and assume all the rights and obligations defined in these conditions.

Registration in the program

All applicants who meet the requirements can register through the website webempresa.com or Webempresa’s client area.

To complete registration as an Affiliate, you must create a client account that allows the applicant access to Webempresa’s client area. Creation of this account is free and the applicant will have no need to have any active paid services (none of the services Webempresa offers its clients) to join the affiliate program.

The applicant must have an account with the PayPal payment service to receive payments for the commissions resulting from their activity as an Affiliate. Webempresa will make payments exclusively through PayPal and accepts no responsibility if an Affiliate cannot receive payment due to not having a PayPal account, neither does it make any payments through other channels. The Affiliate will always have the option to take their commissions as credit in their Webempresa client account and to use that balance to pay invoices issued for buying Webempresa services.

The applicant must provide all the data requested in the client account creation form, ensure that all those data are truthful, and keep them properly updated at all times. The applicant will need to enter a user name (which will be an email account) and a password. These will be the details to provide access to the client area, where you will find the “Affiliates” section.

Once the client account has been created, the applicant will be able to complete their registration as an Affiliate from the “Affiliates” section of the client area. Click on the “Affiliates” menu at the top, select the “Reports” option and click on the “Yes, I accept the agreement and I activate my affiliate account” button.

By clicking on this button, the applicant is declaring that they have read and understood and accept the conditions of the affiliate program, as well as the provisions of the general contracting conditions of our Europe office and the general contracting conditions of our America office and those that may affect them in their condition as an Affiliate, the terms of use and the privacy policy of our Europe office and the terms of use and the privacy policy of our America office presented at webempresa.com. Registration will be complete after clicking on the button, and the “Reports” subsection will show the unique URL the Affiliate can use in their activity to promote Webempresa’s services.

Acceptance or rejection of the request for registration

Acceptance of the registration request is completed automatically by clicking on the “Yes, I accept the agreement and I activate my affiliate account” button described above. However, Webempresa reserves the right to deny or cancel registration in the program to any applicant or Affiliate who does not meet the necessary requirements described in the program conditions.

It also reserves the right to deny or cancel the registration in cases where it considers that the applicant’s profile, conduct, or media are inappropriate for a member of the affiliate program. If there is any dispute about ownership of an affiliate account, we reserve the right to investigate and determine ownership of the account based on our reasonable discretion.

None of the provisions described in these contractual terms and conditions will give rise to, or be interpreted as, constituting a company or an employment relationship between the parties to the agreement, which are Webempresa and the Affiliate. If you have any doubts in this regard, please write to comercial@webempresa.com to explain your doubts so we can clarify them.

IV. AFFILIATE PROGRAM MANAGEMENT

Within the Webempresa client area, the Affiliate will have access to a section exclusively dedicated to the affiliate program.

The Affiliate will be able to keep track of their activity in this section. They will also find the unique URL and the creative features they can use to promote services within the framework of the affiliate program. There are five subsections shown in the “Affiliates” section: “Reports,” “Banners,” “How does that work?” “Self-invoices,” and “Manual assignment of referrals.”

Reports

The Reports section will provide the Affiliate with the following information:

Unique URL: The unique URL the Affiliate will need to use for the visits and purchases they refer to be assigned and to be properly accounted for in their affiliate account.
Pending commission amount: The sum of the amounts corresponding to commissions for services that are within the 45-day guarantee period during which customers can request cancellation and refunding of the contracted service.
Available commission amount: The sum of the amounts corresponding to the commissions for service definitively assigned to the Affiliate. This is the amount available for which settlement can be requested, either through PayPal or as a credit in the Affiliate’s client account.
Total settled commissions: The sum total of earnings the Affiliate has obtained since registering in the affiliate program.
“Add to credit” button: Appears when commissions are available. Pressing it requests settlement of the available amount of commissions as credit in the client’s account. Settlement can be requested provided the Affiliate has accumulated a minimum amount of €/$25. Once commissions have been settled as credit, transferring that balance to a different client account won’t be possible.
“Settle in PayPal” button: Appears when commissions are available. Pressing it requests settlement of the amount of commissions available through PayPal. Settlement can be requested provided the Affiliate has accumulated a minimum amount of €/$25. Once settlement in PayPal has been requested, payment will be made on the Friday following the date on which settlement was requested.
Referred registrations: This is the report detailing purchases referred by the Affiliate through their unique URL. The report includes details about the date of service activation, the cycle contracted, the latest payment, the service status, the type of service and its associated domain, the amount paid for the service, and the amount of the recurring commission.
Pending commissions: This is the report detailing the purchases that are in the 45-day guarantee period, waiting to be definitively assigned or not. The report includes details about the service contracted and the domain associated with it, the status of the service, the corresponding 25% commission (on the price paid by the referred customer), and the date on which the commission will be definitively assigned if the client doesn’t cancel the service.
Withdrawal history: This report details the date and amounts of commission settlements made by the Affiliate.

Banners

The banners section provides the Affiliate with various creative features designed by Webempresa to use through their media to promote the services.

The Affiliate must use these creative features as they have been designed by Webempresa, with no alterations of any kind. Any alteration or alternative design the Affiliate wishes to propose must be expressly authorized in writing by Webempresa in order to be used.

How does it work?

This section contains practical information on the affiliate program and the conditions for its operation.

Self-invoices

In the self-invoicing section (only available in the Europe office), the Affiliate can consult or download the invoices Webempresa will issue automatically on behalf of the Affiliate for each settlement, making use of the self-invoicing capacity granted by law.

V. COMMISSIONS, ACCRUAL, AND FORM OF PAYMENT

Commissions:

If Webempresa’s hosting services are acquired through the qualified link included in the Affiliate’s media, Webempresa will reward the Affiliate with a commission for an amount equivalent to 25% of the price paid by the client (price for the service, excluding taxes).

In cases where taxes apply, with the European office, value added tax (VAT) will be added to this amount of commission generated and the personal income tax applicable in each case will be deducted.

Webempresa will assign this 25% commission both at the time of initial contracting and on service renewal, always in line with these contractual terms and conditions.

To calculate the commissions, the purchase or renewal price for the services is understood to mean the amount paid by the customer, not including applicable taxes (such as VAT). If any special discount or promotion has been applied to this price, the 25% commission would be calculated on the reduced price due to that discount or promotion.

Webempresa reserves the right to temporarily or permanently suspend the Affiliate’s condition and activity in case of tax-related incidents of which it is notified officially by bodies involved in the Affiliate’s breach of their relevant obligations.

Assignment of commissions:

The Affiliate will have the right to be assigned the indicated commissions provided that each and every one of the following conditions are met:

The referred party must have contracted a Webempresa service having accessed Webempresa’s website through the Affiliate’s qualified link or unique URL.
When a user accesses Webempresa’s website from the qualified URL or link, a tracking cookie will be installed in the user’s web browser that will persist for 3 months. If this user signs up within this period, without having deleted this cookie, the Affiliate will be entitled to assignment of the commission. If the user deletes the cookie or uses any program or browser extension that blocks cookies, the Affiliate won’t be entitled to any commission, because there will be no way to detect that the sign up was made through the qualified link.
All qualified Affiliate links that are part of Webempresa’s affiliate program install the tracking cookie described above. If a user clicks on the qualified link of one Affiliate and later clicks on the qualified link of another different Affiliate, the tracking cookie of this last unique URL will replace the previous one (and so on). That means that if that user contracts a service with Webempresa, the owner of the last qualified link the user clicked on will have the right to the commission. The tracking cookie is no more than a system to facilitate the Affiliate’s work, and Webempresa will have no responsibility in other cases of this nature.
Webempresa must have verified the payment by the user referred by the Affiliate, as well as that they remain an active client for a period of at least 45 days. This period is the guarantee time available to any new customer to try the service and, where appropriate, withdraw from the agreement and request a refund of the amount paid for the service. Affiliates won’t receive rewards for services of referred clients who are suspended for any reason.
Our system has two independent client and service management zones (offices) based on the client’s geolocation (determined by their IP address). The commissions will be generated in the client zone where the sign up took place and won’t be transferable from one management zone to another, even if the Affiliate has an active profile in both offices.
In cases where authorization for issuing self-invoices has been revoked by Webempresa, the Affiliate must issue and send the corresponding invoice before payment.
Commissions may not be transferred between different affiliate accounts.

Self-invoices (applies only to Europe office affiliates)

In compliance with the provisions of Article 5 of Spanish Royal Decree 1619/2012, of November 30 (regulating invoicing obligations), the obligation to issue an invoice under Section 164, One, 3rd of Spanish Law 37/1992 of December 28, on value added tax, may be fulfilled by the recipients of the transactions or by third parties.

Based on this regulation, in this agreement the Affiliate authorizes Webempresa to issue invoices for the services provided by the Affiliate.

Affiliates in Spain: Webempresa generates self-invoices to declare payments to Affiliates with the Spanish tax authority. We apply general withholding of 15% on self-invoices to all affiliates by default. If a different special percentage is applicable in your case, please contact our support team providing the documentation to justify this percentage.

Where subject to VAT, the corresponding tax percentage will be added to the invoice total to be charged, in line with the tax legislation in force.

Webempresa will provide a copy of each invoice issued to the Affiliate. The Affiliate must check each invoice issued through this system. If Webempresa receives no communications from the Affiliate regarding an invoice within ten calendar days from its date of issue, it will consider the invoice accepted as correct.

Settlement of commissions

When the Affiliate makes the request for payment of commissions from the zone relevant to the Affiliate, the obligation to pay is generated at that time and the debt is due.

The Affiliate can accumulate an amount up to €/$10,000 in their affiliate account. Once this amount is reached, the Affiliate must make a request for settlement. No new commissions will be added to the Affiliate’s account until that request has been made and the amount accumulated is less than the €/$10,000 limit.

Forms of payment

Once all the requirements for assignment of commissions have been met, and provided a minimum accumulated amount of €/$25 has been reached, the Affiliate can choose between the following forms of payment:

Offset: Affiliates who are also Webempresa clients can offset the commissions generated through affiliation against their payment obligations for Webempresa products. That means they can settle the amount generated as credit in their client account, and can use that balance to pay invoices for contracting or renewing Webempresa services issued in their client file. Transferring credit balances between different client accounts will not be possible in any case.
Payment via PayPal: Affiliates who do not wish to use the offset method can request generation of payment to the PayPal account they have designated. Affiliates who wish to use this form of payment must indicate their PayPal account in their profile. You can do this in Webempresa’s client area, in the “My Account – My Data” section, in the form field for this purpose (PayPal account). Payments via PayPal will be made on the Friday following the date on which commission settlement was requested. Affiliates will not be able to request early payment under any circumstances. Affiliates are responsible for ensuring that their PayPal account can accept payments. They must ensure their PayPal account can accept payments from companies based in Spain (for Webempresa Europe office affiliate accounts) or the USA (for affiliate accounts registered with the Webempresa America office). Webempresa will not be responsible for any transaction fees PayPal charges to the Affiliate.

VI. TERM AND TERMINATION

The terms and conditions of this agreement will take effect from the time the Affiliate registers and obtains their unique URL or qualified link. Either of the parties may terminate this agreement with 5 days’ notice. Once the agreement has ended, the Affiliate must remove any Webempresa link from their media.

Webempresa, in turn, must settle all outstanding payments, so terminating any contractual obligation, leaving no further claims to be made resulting from the agreement.

VII. LOSS OF AFFILIATE STATUS

Webempresa reserves the right to revoke the affiliate status of any member of the affiliate program in case of any of the following reasons:

Failure to comply with any of the conditions stipulated in this agreement.
Unauthorized tampering with Webempresa’s website.
Use of Webempresa’s identifying elements in advertising sent by the Affiliate over the Internet, such as newsletters, email, or other advertising means such as postal mail, advertisements, brochures, letters, among others.
Use of the Webempresa brand by the Affiliate to appear to imply a commercial association beyond the mere agreement covered by this document.
Use of unauthorized techniques for mass advertising (spam) by the Affiliate. In these cases, the responsibility deriving from breaches of Spanish Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, corresponds exclusively to the Affiliate, with Webempresa not authorizing any type of commercial communication by electronic means.
Conclusion of operations or transactions by illicit or fraudulent means.
Running paid campaigns in search engines (SEM), such as Google AdWords, or on other Social Ads platforms or in social media, to promote landing pages with affiliate links using the Webempresa brand.
Any other conduct by means of which the Affiliate creates false beliefs among users that the Affiliate has a commercial relationship other than that regulated under these conditions, which is limited exclusively to the mere provision of affiliate services for Webempresa.
The use of the URL or qualified link for the Affiliate to contract services, or for creation of client accounts with the same personal data to receive commissions from themselves or using the personal data of blood relatives or relatives by affinity up to and including the second degree.
Failure to comply with the conditions and time limits established by Webempresa explicitly for promotion of certain services or special promotions.
Any other conduct by which the Affiliate creates a false belief among users that different service or contracting conditions are offered than those offered by Webempresa at that time.

VIII. OBLIGATIONS OF THE AFFILIATE

The Affiliate undertakes to comply with this agreement and all the clauses described in it from the time their registration in the affiliate program is confirmed. It will be the Affiliate’s responsibility to update their website, its contents, and the information shown on the media they use in carrying out the affiliate activity.

Webempresa will not be liable for the Affiliate’s breaches of legal obligations with respect to their website or the media they use in carrying out affiliate activity.

The Affiliate undertakes to keep their affiliate account operational for the duration of this agreement, as well as the email address they use to maintain communications with Webempresa.

The Affiliate undertakes not to modify the links and codes made available by Webempresa for carrying out the service.

The Affiliate must keep their personal data updated at all times. Webempresa accepts no responsibility for any incidents that may arise due to the Affiliate failing to update their personal data, data relating to invoicing, and/or contact data.

IX. CONTRACTUAL AMENDMENTS

Webempresa reserves the right to amend or cancel our Affiliate Program at any time.

The Affiliate is responsible for checking this page periodically.

Continued use of this service after amendments have been made constitutes acceptance of the updated terms. If the Affiliate does not agree with updated terms, they have the exclusive right to request settlement and termination of this agreement, with no further claims. Affiliates who express their disagreement with these amendments have the exclusive right to request settlement and termination of this agreement, with no further claims.

If Webempresa receives no communications from the Affiliate regarding these amendments within ten calendar days from their updating, it will consider that they accept the new conditions of the agreement established after the amendments are applied.

X. INCIDENTS

Webempresa does not accept any responsibility for issues resulting from lack of access or those inherent in connectivity to the Internet or to the telecommunications networks when the origin of these lies in causes beyond its control or to causes that could not have been foreseen by the parties or where, although foreseeable, Webempresa has made all reasonable efforts to avoid, or that are considered as unforeseen causes or force majeure.

Webempresa will not be responsible for service failures involving data loss in the information processing system, or failures in the security system or viruses or other malware components in Webempresa’s service.

Webempresa will not be responsible for any errors in installing the links on the Affiliate’s website or for the specified function in the links. Any type of incident detected by the Affiliate that affects normal system operation is to be reported to Webempresa for correction.

Webempresa notes that access to the application may be restricted occasionally for reasons of technical maintenance. The Affiliate understands that said maintenance tasks are necessary for proper operation of the service.

XI. INTELLECTUAL PROPERTY

Webempresa is the exclusive owner of all intellectual and industrial property rights on the various forms of advertising media, the computer programs, the software developed for the affiliate program, and on the brands, logos, texts, creations, contents, and designs that form part of the affiliate program as a whole.

You may not reproduce, distribute, transform, publicly communicate, assign or use source code for any of the applications, websites, developments, or advertising media for purposes other than those stipulated in this agreement. Webempresa therefore reserves the right to take steps against anyone who infringes on its intellectual or industrial property rights.

The Affiliate will not make use of any material made available to them for purposes other than those in this agreement, unless it obtains explicit, prior, written authorization from Webempresa. The Affiliate undertakes not to use the advertising badges in any way that discredits or negatively represents Webempresa, its image, or its brands.

XII. CONSEQUENCES OF TERMINATION

When this agreement ends for any reason, the Affiliate will be totally disassociated from Webempresa. Their use of logos and banners or any allusion to the brand, logos, anagrams, or any other element of industrial or intellectual property owned by Webempresa will be expressly prohibited.

XIII. OTHER CONSIDERATIONS

Webempresa does not guarantee continuity of the affiliate program and may terminate it at any time, settling outstanding payments. Each party is responsible for the content and links it includes on its website.

XIV. DATA PROTECTION

Your data will be collected by Webempresa, or by the data processors it designates, for the purpose of managing your enrollment and continued participation in the program. This data may also be processed to send information about our products and services, including by electronic means.

Your registration data must be truthful. If they are false, the user is not permitted to be part of the program. Webempresa, or the data processors designated, where appropriate, reserve the right to unsubscribe anyone who fails to comply with this requirement.

In all matters relating to protection of personal data, the affiliate program will be governed by the provisions of Webempresa’s Legal Notice and Privacy Policy for our Europe office and Webempresa’s Legal Notice and Privacy Policy for our America office.

XV. LIABILITIES

The client will assume liability for damages caused to Webempresa due to breaches of the clauses considered in this agreement, and in particular:

When misuse of the media causes damage to Webempresa’s image.
From third party claims against Webempresa due to negligence in the use of the program.
From damages caused to Webempresa resulting from improper use of the program.

In case of any of these causes, or any other cause involving fraudulent use of the program, Webempresa is authorized to retain as a balance any amounts that have been added to the client’s account.

XV. LEGISLATION AND JURISDICTION

In aspects not stipulated in this agreement, as well as its interpretation and resolution of any disputes that may exist between the parties as a consequence these, Spanish legislation will apply.

To resolve any kinds of dispute that may arise as a result of interpreting and executing this affiliation agreement, the two parties will be subject to the jurisdiction of the Courts of Law of Madrid.

The invalidity or unenforceability of any clause in these conditions will not impact the validity or enforceability of any other provision; the other clauses will remain in force and effective.

Document revised and updated on December 1, 2021.