TERMS AND CONDITIONS FOR AFFILIATES
TERMS AND CONDITIONS FOR AFFILIATES
These General Conditions set out the terms on which you will become an Affiliate, through links, banners, widgets or any other type of resource and/or Leads provided by Proyectos Cincohermanos S.L. (hereinafter, Cardamomo); through its Web Pages and/or social networks, the reservation services for flamenco shows organized and/or promoted by Cardamomo on the website https://cardamomo.com/es/ (hereinafter, the Website).
In order to become an Affiliate, you must accept these General Terms and Conditions. Once the Affiliate application has been received by Cardamomo, Cardamomo reserves the right to accept or reject the application, without the need for any justification whatsoever.
1.- Purpose: The Affiliate will be responsible for promoting the activities and services of Cardamomo through a Leads system, by which a user can make the reservation of flamenco shows that are available on the website of Cardamomo.
2.- Term: The General Conditions will come into force as from the moment of approval of the Affiliate’s application by Cardamomo and will have an initial duration of one year, automatically renewable for equal periods, unless any of the parties effectively notify the termination 30 calendar days prior to the end of the agreement. Without prejudice to the aforementioned, Cardamomo shall have the right to resolve it at any time and without previous request to the Affiliate.
Upon termination of the agreement, the Affiliate shall lose the right to commission for the referred customers, nevertheless, the Affiliate shall be liable for any and all transactions performed until the termination date. You will also be bound to return all promotional material, and refrain from using any copyright and/or trademark rights of Cardamomo beyond that time.
3.- Payment: The Affiliate will receive a fee for each Lead that has generated a net income obtained by the client referred from the Affiliate’s website and/or social networks (hereinafter, “Effective Lead”). A referred customer shall be defined as any person who visits the Partner’s Websites and/or social networks, clicks on the link on the Cardamomo Website and makes one or more bookings for the services offered by Cardamomo. If a customer cancels a reservation, claims payment or there is any type of fraud, the commission will be deducted from the Affiliate, notwithstanding any damages that the Affiliate may have caused to Cardamomo.
The commission for each effective Lead shall be determined on the basis of the net income generated in the previous month by Cardamomo, the fees shall be paid the month following the provision of the service to the referred customer. The Affiliate will receive the total and closed amount for all purposes of 7% of the total sale for affiliates with less than 20 total tickets sold and 10% of the total sale for affiliates with more than 20 tickets sold. Payments will be made in Euros by Paypal or bank transfer. Payments made in a different currency shall be calculated at the exchange rate shown on www.bde.es on the last day of the month to which the payment relates.
4.- Fraud Prevention: Cardamomo may withhold any commissions earned by the Affiliate if the Affiliate’s account shows patterns of tampering through the system of fees for effective Leads or any other evidence that suggests fraudulent or negligent behavior by the Affiliate.
Cardamomo may monitor Affiliates’ websites and social networks to ensure that the links and their promotion is correct. In the event that the links are erroneous, Cardamomo will notify the Affiliate what changes must be implemented, for the Affiliate, within 96 hours from the notification of Cardamomo to make the requested changes. In the event that the correction of errors in the Affiliate’s accounts is not undertaken or that Cardamomo does not agree with the promotion carried out by the Affiliate, Cardamomo may suspend and/or terminate the relationship with the Affiliate with no entitlement to compensation for the Affiliate.
5.- Warranties and Indemnities: The Affiliate declares that the content of his Website and/or social networks belongs to him or that the holder has given the Affiliate authorization for its exploitation. It also guarantees that the information and content of its Web Page and/or social networks do not infringe any copyright of third parties, and that the information and content are not offensive, prohibited or questionable in any way.
If the Affiliate breaches any of the terms of these General Conditions, acts fraudulently and/or illegally or if the Affiliate causes or attempts to cause Artificial Traffic on the Cardamomo Website, Cardamomo is entitled, in addition to withdrawing the relationship between the parties, to cancel any fee payments due, including any fees earned but outstanding.
The Affiliate undertakes to keep Cardamomo harmless in respect of any claim, penalty, damages, liability and/or expenses in relation to any breach of these Terms and Conditions.
6.- Termination: This Agreement may be terminated at any time in the following cases:
- By the agreement of both parties.
- At the request of Cardamomo if after more than SIX (6) months the Affiliate does not refer a new customer.
- For Cardamomo’s consideration that the Website and/or social networks include, to its discretion, unsuitable or inappropriate content that may damage Cardamomo’s image or reputation.
7.- Data protection: In compliance with the provisions of EU Regulation 2016/679 on Data Protection (RGPD) and the Organic Law on the Protection of Personal Data, Cardamomo informs the Affiliate about the following provisions:
Cardamomo is responsible for the processing of personal data, which includes the data collected from its Affiliates, in order to manage their relationship with them.
The legal justification for the aforementioned processing of data is the correct execution of the commercial and/or professional relationship between the parties.
The data will be preserved all the time the relationship between the parties persists and once the relationship is terminated for the period necessary for the fulfilment of the legal, tax and administrative obligations that may be necessary.
Cardamomo informs the Affiliate that he may exercise his rights of access, rectification, suppression, limitation and portability at the following postal address: Calle Echegaray 16, 28014 in Madrid, or at the following e-mail address: email@example.com, by means of a document identified with the reference “Data Protection”, in which the claim is made, and which must be attached to a photocopy of the applicant’s National Identity Document.
The parties are aware of the possibility of appealing to the Spanish Data Protection Agency in the event of non-compliance with the above-mentioned data protection regulations. However, both parties shall endeavour to resolve and cooperate with each other on any matter relating to the personal data of the other party to which they may have access.
8.- Confidentiality: For the purposes of the General Conditions, all data supplied by Cardamomo to the Affiliate directly or indirectly in connection with the activities developed by Cardamomo shall be considered confidential. Confidential information shall be deemed to be confidential whether provided orally or in writing, data provided in digital or audiovisual form and any information acquired by the Affiliate visually or orally, whether provided to the Affiliate by directors, employees, representatives or agents of Cardamomo.
The Affiliate undertakes to handle confidential information transmitted by Cardamomo as confidential and in no case shall it be used (for its own benefit or for the benefit of third parties), disclosed, transmitted to third parties or made public in any way by the Affiliate without the prior written consent of Cardamomo.
At any time, at Cardamomo’s request, or after the termination of the service which is the subject of these General Terms and Conditions without Cardamomo’s request, the Affiliate shall immediately return to Cardamomo all confidential information provided in written or tangible form or certify to Cardamomo that such information has been destroyed.
The obligations set forth in this clause shall continue in force indefinitely. In the event of breach of any of these obligations, Cardamomo may demand from the Affiliate an indemnity for the damages caused.
9.- Assignment of rights and obligations: The Affiliate shall not transfer the rights and obligations set forth in these General Conditions unless expressly authorized by Cardamomo.
10.- Protection and modification of the General Terms and Conditions: If any provision of these General Terms and Conditions is declared ineffective or null and void, the rest of these General Terms and Conditions shall remain unchanged as agreed.
Cardamomo reserves the right to modify partially or completely the content of the General Conditions. Such changes shall be published on the website and personally notified to the Affiliate by sending a notice to the email address provided in the registration form and may include, without limitation, changes to the fee percentage, calculation method and affiliate program rules. The Affiliate, once it has been informed of the changes, may choose to unilaterally terminate the relationship, on the understanding that, if the Affiliate fails to do so, it tacitly accepts the content and scope of the changes.
11.- Legislation and jurisdiction: The Parties submit these General Conditions to Spanish law. The current relationship is of a commercial nature and shall be governed by its own clauses and, to the extent not contemplated in them, by the provisions of the Commercial Code or, failing that, by the provisions of the Civil Code.
Any doubt or divergence between the parties shall be subject to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain), the parties expressly waiving any other jurisdiction that may correspond to them.