Affiliate Program Conditions

All operations that may be carried out pursuant to this contract will be governed by what is agreed in it and its annexes, which the parties declare that they know and accept. The valuation of credits and debits arising from the transactions that are the subject of the contract and in accordance with it, will be that resulting from the applicable standards on valuation dates in force at all times and communicated by Nattivus.

Article 4.1 – Registration and Acceptance

4.1.1 Any person with a website and/or social media accounts with sufficient influence in the travel/gastronomy sectors can apply to become an affiliate of the Nattivus Affiliate Program. If the affiliate is an individual, they must be at least 18 years old. If the affiliate is under 18, a parent must consent to their subscription to the Nattivus Affiliate Program. The subscription of a minor without parental consent will be void or voidable.

4.1.2 The application for appointment as an Affiliate implies that the affiliate accepts the terms, conditions, and agreements they must comply with.

4.1.3 To participate as an affiliate in the Nattivus Affiliate Program, the affiliate must:

• Completely fill out the registration form.
• Confirm acceptance of the general and specific terms and conditions (or annexes).
• Be accepted by Nattivus.

4.1.4 After completely filling out the registration form, the steps for the affiliate candidate to be accepted by Nattivus are:

a) Nattivus will review the affiliate’s website(s) / social media to ensure that their content is not against the law, morality, or public order, and does not harm Nattivus’s image, especially for the reasons stated in Article 2.8.

b) Nattivus will communicate the specific conditions, if any, to the candidate via email sent to the address provided in the form.

c) The candidate will sign the contract, with the general and specific conditions that may apply, and return it to Nattivus.

d) Nattivus will confirm the candidate’s acceptance into the Affiliate Program via email with the affiliate’s username; the associated password, which can be changed; and the domains authorized to advertise Nattivus products.

4.1.5 The affiliate guarantees that the information provided to Nattivus about themselves and their website is true and complete, and that this information corresponds to their current status. (See contract termination)

4.1.6 The affiliate must immediately notify Nattivus of any changes to the information by updating the information provided on the Nattivus website.

Article 4.2 – Use

4.2.1 The affiliate must not allow any misunderstanding that it is Nattivus, not the affiliate, who provides the products and/or services.

4.2.2 The affiliate must exclusively use the name and promotional material specifically provided by Nattivus for the Affiliate Program, in the manner specified for the occasion, and must always follow Nattivus’s instructions. No changes that could be misleading or cause harm to the advertiser may be made.

4.2.3 Without prejudice to the provisions of Article 2.2, the affiliate shall respect the copyright, trademark rights, and other exclusive rights of Nattivus and involved third parties.

4.2.5 The affiliate shall use the content provided by Nattivus without making any changes to it.

4.2.6 The products and/or services offered on the Nattivus website may change regularly. The affiliate shall ensure that the terms and conditions of these products and/or services on their website and/or promotional materials are identical to those mentioned on the advertiser’s website.

4.2.7 Affiliates may not use the provided materials for actions and/or behaviors that violate applicable law or these terms and conditions. This includes, but is not limited to, the following actions and behaviors:

• Sending large amounts of unsolicited emails with identical content.
• Violating copyright on protected materials, or infringing on the intellectual property rights of involved third parties.
• Deceiving involved third parties.
• Misusing Nattivus’s texts, logos, or information.

4.2.8 The affiliate must inform Nattivus of any offer of direct compensation or advantages of any kind to consumers for conducting transactions with Nattivus.

4.2.9 Among other things, the affiliate’s website content must not:

• Engage in illegal activities, or promote or incite them.
• Harm the good name and reputation of Nattivus.
• Violate the copyright, registered trademark rights, or other rights of Nattivus or third parties.
• Be of a violent, pornographic, or similar nature.
• Discriminate based on race, gender, religion, or philosophy of life.

4.2.10 The affiliate also guarantees that they are either the rights holder of all information and productions on their website, or that the rights holder has given express consent for its publication on the affiliate’s website. The affiliate also guarantees that the information and productions on their website do not infringe on the rights of involved third parties, including intellectual property rights, and that the information and productions are not offensive, prohibited, or suspicious in any way.

4.2.11 If Nattivus determines that the installation and use of the affiliate’s link is inappropriate, it has the right to block the link.

4.2.12 The affiliate agrees to remove a link from their website within 24 hours if requested by Nattivus.

4.2.13 Each Affiliate Program may be modified or terminated by Nattivus at any time. The general conditions of the Affiliate Programs will be available on the Nattivus website.

4.2.14 The affiliate must always be aware of any changes to the Affiliate Programs. In particular, if a registered website’s Affiliate Program has ended, or if the commission structure for affiliates has been modified.

4.2.15 The affiliate shall not make any promises or undertake any obligations for or on behalf of Nattivus.

4.2.16 The affiliate shall not contribute to the creation of artificial traffic on the indexed or linked websites in any way. The affiliate must immediately notify Nattivus of any suspected or known misuse of the affiliate’s links to the Nattivus website.

4.2.17 Unless expressly permitted in writing by Nattivus, the affiliate shall not transfer or promise their contractual rights and/or duties with Nattivus, in whole or in part, to a third party without prior written consent from Nattivus. The required approval may be subject to specific terms and conditions imposed by Nattivus.

4.2.18 The affiliate agrees to the publication of their registered information on the Nattivus website for advertiser information.

Article 4.3 – Compensation

4.3.1 The affiliate agrees to the “self-invoicing” system by which Nattivus will create payment notifications and invoices, so the affiliate does not need to generate their own invoices.

4.3.2 The recording of transactions represented on the Nattivus website will be binding for the affiliate.

The transaction recording system used by Nattivus is Affiliatly. If it changes to another system, Nattivus will inform the affiliate of this change within 10 days, allowing the affiliate to verify that the new system is secure and reliable for them.

If the affiliate disagrees with the new system, they must notify Nattivus via email, resulting in the termination of this Affiliate Program. If the affiliate does not express opposition within 10 days, it will be understood that they accept it.

4.3.3 Billing periods are monthly.

4.3.4 The affiliate will receive a six percent (6%) commission on the amount paid by the customer, without prejudice to the other sections of this article.

4.3.5 The affiliate may claim a commission if a customer purchases products and/or services on one or more Nattivus websites, provided they were registered through the link from the affiliate’s website, and the transaction occurred within the cookie retention period.

4.3.6 Cookies are retained for 90 days.

4.3.7 The affiliate will only be paid if Nattivus has approved the transaction. Approval of transactions is the responsibility of Nattivus, following predefined criteria.

4.3.8 The commission will be paid into the account specified by the affiliate, provided that the affiliate has generated valid traffic and Nattivus has been fully paid by the customer.

4.3.9 If the user returns the product or service and/or cancels it, the affiliate cannot claim the related commission. The affiliate will not receive any commission in such cases.

4.3.10 Since the service amount paid by the customer is made in two parts: (15% deposit) when the reservation is made and (85% remaining) 35 days before the start of the service, affiliate commissions will also be paid to affiliates in two parts, according to the purchase deadlines.

Additionally, due to a flexible cancellation policy within 30 days before the start of the service, Nattivus will not immediately pay the commissions to the affiliate but will wait 30 days before doing so, without prejudice to Articles 3.7 and 3.9.

4.3.11 If the situation in Article 3.7 occurs, and the affiliate has already received the commission for that transaction, it will be deducted from the sum of commissions to be paid in the next billing period.

4.3.12 If the commission for a month is less than eighty Euros (€80), no payment will be made that month, and the commission will be accumulated. The payment will be made in the month when the total accumulated amount is €81 or more.

4.3.13 Payments to the affiliate will be made directly to their bank account or PayPal account. The affiliate must specify the desired payment method on the Nattivus website, including bank account details, such as the bank’s name and branch and the affiliate’s account number.

4.3.14 If payment is to be made to a foreign bank account of the affiliate, bank fees will be deducted from the payment.

 

6.1 The affiliate is fully responsible for the development, maintenance, operation, and content of their website.

6.2 The affiliate will ensure that all obligations related to tax laws are met and will indemnify Nattivus against any claims related to them.

6.3 Nattivus cannot guarantee or provide any insurance for the operation of the Nattivus Affiliate Program or the links on the websites.

6.4 Nattivus will not be liable for errors in implementing links on the affiliate’s website or the functioning of the links.

6.5 The affiliate will protect and indemnify Nattivus against all costs, damages, and interest that Nattivus may be required to pay as a direct result of third-party claims against Nattivus in connection with incidents, actions, or negligence during or within the scope of executing the order, for which Nattivus is not responsible under these terms and conditions.

6.6 Nattivus will not be liable for defects in the Affiliate Program, interruptions in access to the Affiliate Program, breaches concerning data or data loss in the information processing system, security defects, or viruses or other harmful software components used by the Nattivus Affiliate Program, nor for damages caused by viruses or components in the Affiliate Program, the affiliate’s software, and/or the affiliate’s website.

Clause 6 – Intellectual Property

6.1 The copyright and intellectual property rights to reports, related recommendations, and other goods, documents, and/or products produced for the affiliate’s benefit will always belong to Nattivus. Explicit and written consent from Nattivus is required if the affiliate wishes to acquire the right to reproduce or publish the products, services, and/or documents, or to use them for purposes other than those established by Nattivus at the time of delivery to the affiliate.

6.2 The affiliate may not publish or deliver to third parties the items specified in Article 6.1 or the information and expertise described therein, except when Nattivus has specifically given the affiliate written consent to do so.

6.3 The affiliate is not permitted to remove or modify any marks relating to copyright, trademark, trade name, or other intellectual or industrial property on the software, equipment, or materials, including any marks concerning the confidential nature of the software and the obligation of confidentiality regarding it.

6.4 If the affiliate is negligent in executing Article 6.1, Nattivus has the right to retrieve all items that belong to them at the affiliate’s expense. The affiliate irrevocably grants access to Nattivus to the location where the items in question are stored.

6.5 Nattivus holds all copyright, intellectual property rights, expertise, and any other rights associated with the Affiliate Program or the software required for the Affiliate Program. The affiliate will not acquire any rights or permissions through this contract.

6.6 If the terms and conditions described in Articles 6.1, 6.2, and/or 6.3 are violated, the affiliate will be liable to pay Nattivus the sum of €50,000 for each violation, without the need to issue a notice of default and without prejudice to any of Nattivus’s rights to demand contract compliance, terminate the contract, claim additional damages, etc.

7.1 Before, during, and after the execution of the contract established with Nattivus, the affiliate must refrain from making any statements to third parties or providing any information regarding the methods used or the data provided by Nattivus, in the broadest sense of the term.

7.2 If the affiliate violates the terms and conditions of this clause in any way, they will be liable to pay Nattivus the sum of €50,000 for each violation, without the need for a notice of default and without prejudice to any of Nattivus’s rights to enforce the contract, terminate the contract, claim additional damages, etc.

8.1 The duration of this contract is indefinite. However, either party may terminate it at any time without cause, by sending an email to the other party at least 15 days before the effective date of termination.

However, either party may terminate this contract with immediate effect and cancel the Affiliate Program in the event of a breach by the other party of any of its obligations.

8.2 Upon termination of the contract or its expiration, the parties are obligated to fulfill their obligations up to that point, except in the cases provided for in the following points.

8.3 Nattivus will have the right to terminate this contract with immediate effect, and/or deny the affiliate the right to use the Affiliate Program, in the following cases:

a) In Nattivus’s opinion, the affiliate’s website violates public order or decency, or may be offensive or violent; b) The affiliate commits illegal acts against Nattivus and/or third parties related to the Affiliate Program; c) Nattivus considers the affiliate or the content of their website inappropriate in any way, if it does not align with Nattivus’s business concept; d) The affiliate does not fully comply with their obligations or commits fraud or illegal acts in any way, or if the affiliate generates or attempts to generate artificial traffic, or if the affiliate violates any of the conditions of this contract in any way; e) The affiliate has not generated traffic for a period of six months.

8.4 If the affiliate contract is terminated, for any reason:

a) The links will be destroyed. b) Nattivus will have the right to block the affiliate’s access to the Nattivus website. c) The affiliate will no longer be able to claim commissions. d) The affiliate will remove or return all links and/or material provided by Nattivus. e) The affiliate will no longer have the right to use the name of Nattivus.

8.5 The affiliate may claim the payment of commissions for transactions made before the termination date, as established in Article 4, unless the contract is terminated due to Nattivus’s decision for the reasons outlined in Article 8.3 or because the content of the affiliate’s website does not comply with point 4.2.8.

8.6 If an affiliate partially or completely violates the provisions of Article 4.2.16, the affiliate, without further warning or notice of default and without the need for judicial intervention, will immediately pay Nattivus a fine of €50,000 without prejudice to Nattivus’s rights, such as the right to terminate the contract or claim compensation for damages.

8.7 New Nattivus users will be evaluated based on the number of unique users, targeted group, and profile. If a website does not meet the established criteria, Nattivus may remove the affiliate from the system without further explanation.

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms and Conditions to the extent that such failure or delay is caused by reasons beyond the reasonable control of such party (failure of third-party systems, natural disasters, etc.).

10.1 The personal data of the affiliate collected in this document or collected/generated in connection with its execution and control will be processed for the following purposes:

– The development, maintenance, fulfillment, and control of the pre-contractual or contractual relationship between the affiliate and Nattivus created or to be created by virtue of this contract.

– Compliance by Nattivus with the obligations imposed by law.

10.2 The affiliate expressly undertakes to inform Nattivus of any updates or other modifications that may be necessary concerning the data provided, and Nattivus shall not be held responsible for any potential outdated information.

10.3 The affiliate expressly consents to the processing of their data by Nattivus, even after the termination of their relationship, for the purpose of analyzing their profile for commercial purposes and sending them advertising communications, including via electronic communication means such as email or mobile phone, about products and services in the financial, real estate, cultural, travel, consumer, entertainment, and leisure sectors.

10.4 The affiliate consents to the communication of their personal data to other companies within its group that may market, manage, or finance products or services in the aforementioned sectors at any given time, so that they may proceed with processing the affiliate’s data for profile analysis for commercial purposes and the sending of commercial communications about products and services in the sectors mentioned in article 10.3.

10.5 The affiliate may revoke the consents granted in this contract at any time, as well as exercise their rights of access, rectification, cancellation, and opposition by sending their request in writing, properly verifying their identity, to the email address info@nattivus.com with the subject “LOPD.”