This agreement is entered into on the date of being accepted as an affiliate at wordpress-631309-2052167.cloudwaysapps.com, between the affiliate and Las Delicias Ltd. The aims are to outline the terms of the affiliate agreement between the two parties.
The words “Client” or “Customer” means the individual or organization that orders at Las Delicias website from a referral from the Affiliate website/s.
The words “visitor”, “client” or “customer” means people that visit the Affiliate website who may be referred to the wordpress-631309-2052167.cloudwaysapps.com website.
Affiliate Program Overview
The objective of the Affiliation program is to promote the products sold by Las Delicias by providing affiliate links that lead to wordpress-631309-2052167.cloudwaysapps.com in order for customers to make purchases if they chose to do so.
This agreement is a non-exclusive agreement meaning the Affiliate may work with any other Affiliation program without restrictions. Likewise, Las Delicias Ltd. is free to work with any other Affiliates without restrictions.
The Affiliate is free to add or remove Las Delicias Ltd. Affiliate links to any part of its websites without restrictions.
In order to comply with Google Search Engine Guidelines, the Affiliate links will be tagged with “noindex, no follow” to indicate that these are revenue-generating links.
Google guidelines on linking and promotional links may be found by following the link below:
For the purposes of this affiliate program, the Affiliate’s role is solely to provide “promotional” or “advertising” services for Las Delicias Ltd. via promotional links or promotional content on the Affiliate website for the purchase of products from Las Delicias Ltd.
The Affiliate will not deal with customers directly once they have ordered from Las Delicias Ltd. other than referring them onto the Las Delicias Ltd. website or Las Delicias Ltd. customer services. The Affiliate will not be responsible for dealing with customer enquiries, or processing orders which will be dealt with exclusively by Las Delicias Ltd. Las Delicias Ltd will be responsible for accounting and paying any appropriate sales taxes on orders secured by the Affiliate.
In order to meet the GDPR regulations, the Affiliate will not have access to the name or contact details of the Clients who have ordered from Las Delicias Ltd. However, an ID number would be given in order to uniquely identify each order along with details of the product/service ordered. In this way, the Affiliate and Las Delicias Ltd. will meet current GDPR regulations for customer confidentiality and privacy.
A 90 Day cookie would be set by for the Affiliate. If the referred client purchases within the 90 day period after the tracking cookie being set, the commission payment would be due to the Affiliate.
The Affiliate commission payments would be calculated based on all sales made by the Affiliate referring the client to Las Delicias Ltd. and that are not cancelled by the client.
If a customer has more than one Affiliate or tracking cookie set, the commission would be awarded to the Affiliate that has had the last cookie data set, this includes if the customer visits Las Delicias Ltd.’s own website first but subsequently visits the Affiliate website last and makes an order.
A referred client from the Affiliate website who makes one or more purchases within a 90 day period will be subject to a commission payment to the Affiliate for 10% of the total order value which includes any management fees, but excludes value-added taxes (VAT or IVA) and shipping costs were applicable.
Las Delicias Ltd Affiliate Support
Las Delicias Ltd will provide a control panel where the Affiliate can create promotional links that lead to the Las Delicias Ltd website. Each link will contain a unique affiliate ID number. The Affiliate is free to create links to any product, section or page existing at the moment of entering the affiliate contract or created afterwards.
Las Delicias Ltd is compromised to support the Affiliate providing other information to the Affiliate to their best capacity.
The Affiliate is free to incorporate and use any data provided by Las Delicias Ltd without any restrictions of use either during or after this agreement duration. If, however, there is any specific information provided by Las Delicias Ltd to the Affiliate that the Affiliate may not use or incorporate into the content on their website, and this information is not already in the Public Domain, it is the responsibility of Las Delicias Ltd to inform the Affiliate in writing which content supplied may not be used by the Affiliate for incorporation into their website content at the same time the information is provided to the Affiliate.
The Affiliate will have access to a control panel to track the numbers of orders obtained by the affiliate. The control panel will also provide monthly totals. The affiliate control panel would provide an end of month sales summary in order for the Affiliate to be able to raise the appropriate commission invoice.
Las Delicias Ltd will ensure that the Sales data is updated in real-time and any cancelled orders will also be shown in the control panel.
Responsibility of each Party
Las Delicias Ltd is responsible for:
Maintaining a fully functional, responsive and fast loading website. If a technical issue is encountered that could affect the Affiliate earnings an email notification will be sent to the Affiliate informing them of the issue, and how long it is expected before the service would be restored.
Ensuring that their website is fast loading with a responsive design that will accommodate to the different types of computer and smartphone devices. If an issue or problem is discovered by the Affiliate that could adversely affect booking sales Las Delicias Ltd agrees to fix or repair the issue at the earliest possible time and to inform the Affiliate of an approximate time when the issue will be resolved.
The resolution of any claims or refunds associated with the Las Delicias Ltd service to the Client. Las Delicias Ltd is 100% responsible for any claims made about the products and delivery offered by Las Delicias Ltd. The Affiliate will not be held liable (financially or otherwise) for disputes between Las Delicias Ltd and a client referred by the Affiliate to Las Delicias Ltd.
Providing a functional control panel that may be accessed 24 hours per day 7 days a week 365 days of the year. The control panel will also provide a means for the Affiliate to see a summary of all orders purchased which would include an order ID, Date of Order, Month payable, Date of payment.
Assigning an affiliate manager for the Affiliate who will act as a liaison between the Affiliate and Las Delicias Ltd. The role of the affiliate manager will be to answer questions by the Affiliate and to give support on the affiliate program, including dealing with technical issues associated with the affiliate program. The Affiliate manager would also agree to send answers to questions that the Affiliate may receive from their site visitors regarding questions on the Las Delicias Ltd products or services. The email answers sent to the Affiliate may be used as source material for the Affiliate to create unique content on the Affiliate site without any restrictions of use.
Las Delicias Ltd agrees to pay the commissions payments in line with the following payment schedule and process:
At the beginning of every natural month, the Affiliate will send an invoice to Las Delicias Ltd for the total of payable commissions due the previous month, which the Affiliate will find in the control panel. The purchases due will be all purchases not cancelled with leaving date during that natural month. Upon the reception of the correct invoice, Las Delicias Ltd will issue a bank transfer to the Affiliate’s nominated account and inform the Affiliate. The wire transfer will be issued before the first business day after the 25th day of the month when the invoice from the Affiliate is received.
Las Delicias Ltd agrees not to:
- Promote to the Affiliate’s visits a selling app on their website which makes tracking of Affiliate orders not possible.
- Use the Affiliate’s logo or website names that are operated by the Affiliate without first obtaining written permission.
The Affiliate is responsible for:
- Inserting links correctly in websites owned by the Affiliate and deciding how many links (if any) and where the links are best placed on the Affiliate’s website.
- Following the guidelines by Las Delicias Ltd on how the brand name may be used.
- Not undertaking or sending out unsolicited email promoting Las Delicias Ltd.
- Ensuring that Affiliate links for Las Delicias Ltd are not inserted on any websites not operated or owned by the Affiliate without first obtaining written permission from Las Delicias Ltd to do so.
The Affiliate agrees not to generate visits or sales fraudulently.
Intellectual Property (IP) Rights
Each party entering into this agreement retains their own website intellectual property rights. This agreement does not imply the transfer or use of intellectual property of the other party without first obtaining written permission.
The Affiliate will have the right to publish and use without restrictions, even when this agreement is ended, any content that the Affiliate will generate based on source material, information or emails etc provided by Las Delicias Ltd, as long as the content is uniquely created by the Affiliate unless Las Delicias Ltd specifically states the contrary at the time of providing the Affiliate with the source content.
Payment of due commissions will be made on a monthly basis, provided that the Affiliate has generated an amount equal to or greater than fifty pounds (£50 euros excluding VAT). If the commission is less than £50 the commission will not be made until the minimum of £50 is reached. The exception to this case of termination of the contract, the affiliate will receive all the commissions that are pending even if it is below the £50 amount.
For each payment, the Affiliate will issue the corresponding invoice for the accumulated amount and send it to Las Delicias Ltd. The payment of this invoice by Las Delicias Ltd will be made before 30 days of the invoice date by bank transfer to the Affiliate account. 30 Days of payment terms have been defined previously in this agreement.
Cancellations and returns
The referred clients may request cancellations and returns with total or partial reimbursement of the amount of the service according to the terms and conditions policy of Las Delicias Ltd. Las Delicias Ltd will be responsible for making the total refund and cancellation of the purchase and arrange the return when needed. Cancelled or returned purchases will not accrue commission to the Affiliate, except in the case that the refund made by Las Delicias Ltd to the customer is partial, or when the return does not include a refund but a product exchange, in which case the Affiliate will be entitled to the commission proportional to the unreimbursed amount.
The information exchanged between Las Delicias Ltd and the Affiliate considered confidential is defined below and will be kept strictly confidential and may not be transmitted to third parties.
Confidential information is defined as the following:
Both parties agree not to disclose the following confidential information to 3rd parties:
- Sales performance which may include numbers and volume of orders and reservations, and amounts received from customers, as well as commissions received by the Affiliate.
- Customer data.
- Statistics related to customer visits linked to Las Delicias Ltd from the websites of the Affiliate.
- Promotional and marketing strategies.
Information is not considered confidential if
- It is already publicly available without any breach of any contractual obligation by the recipient of the information.
- Be known or can be obtained by the receiver from a source other than the transmitting part of the information.
- Has been received prior to this agreement.
The Parties expressly state that Las Delicias Ltd and the Affiliate are independent Parties and that this commercial relationship does not imply any type of business union, association, franchise, sales representation or employment relationship. The Affiliate does not have the status of agent and is simply involved with publicising the Las Delicias Ltd service.
Duration and Termination of the Affiliate Agreement
This Agreement will have a duration of 1 year and will automatically renew every year unless written notification is given by either party with a 30 days’ notice. Either party may terminate this agreement at any time for whatever reason by giving a 30 days’ notice to the other party in writing or via email.
Las Delicias Ltd will have the right to modify the conditions of this Contract with a 30-day notice. The Affiliate reserves the right to terminate this Agreement if the Affiliate does not agree to the new modified terms by Las Delicias Ltd.
Handling the possibility of disagreements or disputes
In the unlikely case of a disagreement or dispute should arise with regard to this affiliate agreement that cannot be resolved by a telephone call or email it is agreed that both parties would first have a face to face or online video meeting at a time that is convenient for both parties to discuss the issue with the aim to resolve the issue amicably. If the issue is more complex and cannot be resolved via a face to face meeting, it would be agreed that a suitable independent arbitrator service will be selected to assist in coming to an agreement. If for any reason the arbitrator service is unsuccessful, then it may be necessary to discuss this issue with respective legal firms first. Court action would be the very last resort if all the previous attempts are not successful. In this case, the jurisdiction of this agreement will be the Courts of the United Kingdom.
In the event that any clause of this agreement is considered invalid or void in whole or in part, it will not affect the remaining clauses.
If either party should be bought out or change to new ownership the party responsible will inform the other party at the earliest possible moment. Either party (either the Affiliate or Las Delicias Ltd) will have the right to either continue or discontinue the Affiliate partnership under these circumstances.