The following terms and conditions apply to participation in the Apuestastelegram.com Affiliate Programme. Please read this contract carefully. In order to use the Affiliate Programme, you must agree to the general and specific terms and conditions of the Apuestastelegram.com Affiliate Programme. You agree to these terms and conditions by registering in the "Affiliate" section of our website.
Your acceptance of the provisions of this Agreement is a necessary precondition for your use of the Affiliate Programme. If you accept these terms and conditions, you will be deemed to be aware of your rights and obligations under these terms and conditions.
These terms and conditions shall apply to all agreements and arrangements entered into with the Affiliate by or on behalf of Apuestastelegram.com.
General terms and conditions
Article 1 - Subject matter of the contract
The object of the present contract is the presentation by Apuestastelegram.com to the affiliate of the Affiliate Programme, which allows the affiliate to collect a commission for transactions made on the Apuestastelegram.com website (www.Apuestastelegram.com.com) or its subdomains, through a link inserted on the affiliate's website, Telegram channels, Whatsapp or other RRSS.
Article 2 - Ownership
On the one hand, the holders of this contract may be natural or legal persons with sufficient capacity to do so who are owners of a website, Telegram channel, Whatsapp or other RRSS that will be associated with the Affiliate Programme. The owner, in the case of a legal entity, shall act through its legal representative with the powers of disposal over its website. On the other hand, the holder of this contract is Apuestastelegram.com.
Article 3 - Applicable regime
All operations that may be carried out in application of this contract shall be governed by the terms of this contract and its annexes, which the parties declare that they are aware of and accept.
The valuation of credits and debits arising from the transactions covered by the contract and in accordance with the contract shall be that resulting from the applicable rules on valuation dates in force from time to time and communicated by Apuestastelegram.com.
Article 4 - Operation of the Affiliate Programme
Article 4.1 - Registration and acceptance
4.1.1 Any person who has a website, Telegram, Whatsapp or other social media channel on the Internet may apply to become an affiliate of the Apuestastelegram.com Affiliate Programme. If the Affiliate is an individual, he/she must be at least 18 years of age. If the Affiliate has not reached the age of 18, a parent must consent to the Affiliate's subscription to the Apuestastelegram.com Affiliate Programme. Subscription by an affiliate under the age of 18 without parental consent shall be null and void or voidable.
4.1.2 Application for appointment as an Affiliate signifies the Affiliate's acceptance of the terms and conditions and agreements to be observed by the Affiliate.
4.1.3 In order to be eligible to participate as an Affiliate in the Apuestastelegram.com Affiliate Programme, the Affiliate must:
- complete the registration form in full; - confirm that you accept the general and particular terms and conditions (or annexes); - be accepted by Apuestastelegram.com.
4.1.4 After completing the registration form in full, the steps for the candidate affiliate to be accepted by Apuestastelegram.com are as follows:
a) Apuestastelegram.com shall examine the Affiliate's web(s) Telegram, Whatsapp or other RRSS channels to verify that their content is not contrary to law, morality or public order, and is not detrimental to the image of Apuestastelegram.com, in particular on the grounds of article 2.8.
b) Apuestastelegram.com will communicate to the candidate the particular conditions, if any, by e-mail sent to the address indicated in the form.
c) The candidate shall sign the contract, with the general and particular conditions that may be established, and send it to Apuestastelegram.com.
d) Apuestastelegram.com will confirm the candidate's acceptance in the Affiliate Programme by means of an email with: the affiliate's username; the password associated with the same, which may change; and the domains of Telegram, Whatsapp or other RRSS channels authorised to advertise Apuestastelegram.com products.
4.1.5 The Affiliate warrants that the information provided to Apuestastelegram.com about himself/herself and his/her website is true and complete, and that this information corresponds to his/her current status (see termination of contract).
4.1.6 The Affiliate must immediately notify Apuestastelegram.com of all changes in information by updating the information provided on the Apuestastelegram.com website. If the Affiliate is a legal entity in the Canary Islands, the VAT number must also be notified to Apuestastelegram.com.
Article 4.2 - Use.
4.2.1 The Affiliate shall not allow any misunderstanding about the fact that it is not the Affiliate, but Apuestastelegram.com, who provides the products and/or services.
4.2.2 The Affiliate shall exclusively use the name and promotional material specially provided by Apuestastelegram.com, for the purposes of the Affiliate Programme, in the manner specified for the occasion, and thereby follow, at all times, all instructions of Apuestastelegram.com. No changes may be made which may be misleading or likely to cause damage to the advertiser.
4.2.3 Without prejudice to the provisions contained in article 2.2, the Affiliate shall respect the copyright, trademark registration rights and other exclusive rights of Apuestastelegram.com and third parties involved.
4.2.5 The Affiliate shall use the content provided by Apuestastelegram.com without any changes to it.
4.2.6 The products and/or services offered on the Apuestastelegram.com website may change from time to time. The Affiliate shall at all times guarantee that the terms and conditions of the aforementioned products and/or services on its website and/or those that may be in its possession for promotional purposes are identical to the goods and/or services mentioned on the advertiser's website at all times.
4.2.7 Affiliates may not use the materials provided for actions and/or conduct that violate applicable law or these terms and conditions. This shall include, but is not limited to, the following actions and conduct:
- Sending large quantities of unsolicited emails with identical content; - Infringement of copyright in those matters protected by the same, or, if not, violating the intellectual property rights of third parties involved; - Deception of third parties involved; - Misuse of texts, logos or information of Apuestastelegram.com.
4.2.8 For the direct offer of remuneration or benefits of any kind to Consumers for conducting transactions with Apuestastelegram.com, it shall be necessary for the Affiliate to communicate such offer to Apuestastelegram.com.
4.2.9 Among other things, the content of the Affiliate's website may not:
- Involve, promote or incite illegal activities; - Damage the good name and reputation of Apuestastelegram.com; - Violate the copyright, trademark rights or other rights of Apuestastelegram.com or third parties; - Be of a violent, pornographic or derivative nature; - Discriminate on the basis of race, sex, religion or philosophy of life.
4.2.10 The Affiliate also warrants that it either owns the rights to all information and productions on its website, or that the owner of the rights to the information and productions on its website has given its express consent to the publication of the same on the Affiliate's website. The affiliate also warrants that the information and productions on its website, Telegram, Whatsapp or other social media channels do not infringe the rights of third parties involved, including rights derived from intellectual property and that the information and productions are in no way offensive, prohibited or suspicious.
4.2.11 If Apuestastelegram.com establishes that the installation and use of the affiliate link is inappropriate, it shall be entitled to block such link.
4.2.12 The Affiliate undertakes to remove a link from its affiliate site web page within 24 hours if Apuestastelegram.com so requests.
4.2.13 Each Affiliate Programme may be modified or terminated by Apuestastelegram.com at any time. The general terms and conditions of the Affiliate Programmes will be available on the Apuestastelegram.com website (www.Apuestastelegram.com).
4.2.14 The Affiliate should always be aware of any changes to the Affiliate Programmes. In particular, in the event that a registered Website has terminated its Affiliate Programme, or in the event that the commission structure for Affiliates has been changed.
4.2.15 The Affiliate shall not make any promise or undertake any obligation whatsoever to or on behalf of Apuestastelegram.com.
4.2.16 The Affiliate may not in any way contribute to the creation of artificial traffic on the indexed or linked web pages. The Affiliate must immediately notify Apuestastelegram.com of all suspected or known misuse of the Affiliate's links to the Apuestastelegram.com website.
4.2.17 Except where Apuestastelegram.com has expressly given its written permission to do so, the Affiliate may not transfer or pledge its rights and/or duties by contract or agreement with Apuestastelegram.com, in whole or in part, to a third party, without the prior written consent of Apuestastelegram.com. The approval required for this may be subject to specific terms and conditions imposed by Apuestastelegram.com.
4.2.18 The Affiliate consents to the publication of his/her registered information published on the Apuestastelegram.com website for the advertiser's information.
Article 4.3 - Remuneration
4.3.1 The Affiliate agrees to the "self-invoicing" system whereby Apuestastelegram.com will create payment notifications and invoices whereby the Affiliate will not have to generate his/her own invoices.
4.3.2 The recording of transactions depicted on the Apuestastelegram.com website shall be binding on the Affiliate.
The transaction recording system used by Apuestastelegram.com. In the event of a change to another system, Apuestastelegram.com shall inform the affiliate of this change within 10 days, so that the affiliate can check that the new system is safe and reliable for him/her.
In the event that the affiliate does not agree with the new system, he/she must notify Apuestastelegram.com by e-mail, which will result in the termination of this Affiliate Programme. If within 10 days the affiliate does not express opposition, it will be understood that he/she accepts it.
4.3.3 Billing periods are monthly.
4.3.4 The commission to be received by the Affiliate shall be twenty percent (20 %) of the amount paid by the Client (excluding any extra costs), without prejudice to the other paragraphs of this Article.
4.3.5 The Affiliate may claim a commission if a customer purchases products and/or services on one or more Apuestastelegram.com websites as long as these actions have been registered through the link via the Affiliate's website, and the transaction is carried out during the time the cookies are saved.
4.3.6 Cookies are stored for 60 days.
4.3.7 The Affiliate will only be paid if Apuestastelegram.com has approved the transaction. The approval of transactions is up to Apuestastelegram.com and to be predefined with criteria set by Apuestastelegram.com.
4.3.8 The commission will be paid by Paypal or on the account number specified by the affiliate, provided that the affiliate has generated valid traffic and that Apuestastelegram.com is fully paid by the customer.
4.3.9 If the user returns the product or service and/or cancels the product or service, the affiliate will not be able to claim the commission in question. The affiliate will not receive any commission in such a case.
4.3.10 As there is a 60 day guarantee to return the Apuestastelegram.com, commissions will not be paid immediately to the affiliate, but will take 30 days to be paid, subject to articles 3.7 and 3.9.
4.3.11 If the case referred to in article 3.7 arises, and the member has already received commission for that transaction, it shall be deducted from the amount of commission payable in the following billing period.
4.3.12 If the commission for a month is less than twenty-five Euros (€50), no payment will be made for that month and the commission will be accrued. Payment will be made in the month in which the total cumulative amount is 25 Euros or more.
4.3.13 Payments to the Affiliate shall be made directly to the Affiliate's Paypal or bank account. The Affiliate must stipulate the desired method of payment on the Apuestastelegram.com website, with details of their bank account, including the name and branch of the bank and the Affiliate's account number.
4.3.14 If the payment is to be made into the member's bank account abroad, bank charges will be deducted from the payment.
4.3.15 Apuestastelegram.com shall pay the total commission earned by the Affiliate for participation in the various affiliate programmes in Euros after the end of the billing period.
4.3.16 Apuestastelegram.com shall at all times have the right to set off the amount due to the Affiliate against any amount owed by the Affiliate to Apuestastelegram.com for any purpose whatsoever.
4.3.17 The accumulated balance will be cancelled if the Affiliate earns a total commission of less than 50 Euros, as well as in the event that no new transaction has taken place within the twelve-month period.
4.3.18 The affiliate will continue to earn commission from all subscribers who continue to pay for their memberships (considered in the web life time), in the event that an affiliate does not generate any new transactions or new member revenue during the 6 month period, the affiliate will cease to earn recurring commission from members prior to the 6 month period.
4.3.19 In the case of individuals resident in Spanish territory, a current IRPF withholding tax will be levied on the total invoice, in order to comply with Spanish Tax Agency law. For affiliates who are individuals or legal entities not resident in Spain and domiciled in countries without double taxation agreements with Spain, a withholding of the IRNR (Non-Resident Income Tax) in force will be applied on the total invoice, in order to comply with the Spanish Tax Agency law. The affiliate (who does not meet the requirements of the previous two paragraphs) will be responsible for the payment of all taxes and Social Security payments in their respective countries, through the invoices made by Apuestastelegram.com.
4.3.20 All persons resident in the Canary Islands who wish to invoice IGIC should let us know by traditional means of communication, as by default this tax is not invoiced.
4.3.21 Nothing in this Agreement creates or shall create any presumption of an employment relationship between Apuestastelegram.com and the Affiliate.
Article 5 - Consent
The parties expressly acknowledge and accept that the provision of consent via Internet forms and e-mails is valid and binding.
Article 6 - Responsibility
6.1 The Affiliate is fully responsible for the development and maintenance, operation and content of the Website.
6.2 The Affiliate shall warrant that all obligations relating to tax laws will be complied with and shall indemnify Apuestastelegram.com against claims relating thereto.
6.3 Apuestastelegram.com cannot guarantee or provide any insurance for the functioning of the Apuestastelegram.com Affiliate Program or the links on the Websites.
6.4 Apuestastelegram.com shall not be liable for errors in the implementation of links on the affiliate's website or for the functioning of the links.
6.5 The Affiliate shall at all times protect Apuestastelegram.com against, and indemnify Apuestastelegram.com in respect of, all costs, damages and interest that Apuestastelegram.com may have to pay as a direct result of claims by third parties involved against Apuestastelegram.com in connection with incidents, actions or negligence during or within the scope of the execution of the order, for which Apuestastelegram.com is not liable to the Affiliate under these terms and conditions.
6.6 Apuestastelegram.com shall not be liable for defects in the Affiliate Program, interruptions in access to the Affiliate Program, data breaches or loss of data in the information processing system, defects in the security system, or viruses or other harmful software components that are used by the Apuestastelegram.com Affiliate Program, nor for damage caused by viruses or components in the Affiliate Program, the affiliate software and/or the affiliate's website.
Clause 6 - Intellectual Property
6.1 The copyright and intellectual property rights relating to reports, recommendations, and other goods, services and/or documents produced for the benefit of the Affiliate shall always belong to Apuestastelegram.com. The explicit written consent of Apuestastelegram.com shall be required if the Affiliate wishes to acquire the right to reproduce or publish the products, services and/or documents, or the use thereof for purposes other than those stated by Apuestastelegram.com at the time of delivery to the Affiliate.
6.2 The Affiliate may not publish or make available to third parties the items specified in article 6.1 or the information and expertise described therein, except where Apuestastelegram.com has specifically given the Affiliate written consent to do so.
6.3 The Affiliate is not permitted to remove or modify any copyright, trademark, trade name, or other intellectual or industrial property markings on the Software, Equipment or Materials, including any markings concerning the confidential nature of the Software and the obligation of confidentiality in respect thereof.
6.4 If the Affiliate is negligent in the execution of article 6.1, Apuestastelegram.com is entitled to recover all items belonging to it at the Affiliate's expense. The Affiliate shall irrevocably and retroactively grant access to Apuestastelegram.com to the place where the items in question are stored.
6.5 Apuestastelegram.com owns all copyright, intellectual property rights, know-how and any other rights associated with the Affiliate Programme or with the software required for the Affiliate Programme. The Affiliate shall not obtain any rights or permissions under this Agreement.
6.6 If the terms and conditions described in articles 6.1, 6.2 and/or 6.3 are violated, the Affiliate shall be liable to pay Apuestastelegram.com the sum of €50,000 for each violation, without the need to issue a notice of breach and without prejudice to any of Apuestastelegram.com's rights to enforce the contract, to terminate the contract, to claim additional damages, etc.
Article 7 - Confidentiality
7.1 Before, during and after the execution of the contract with Apuestastelegram.com, the Affiliate shall refrain from making any statements to third parties or providing any information regarding the methods used or the data provided by Apuestastelegram.com, in the broadest sense of the term.
7.2 If the Affiliate breaches the terms and conditions contained in this clause in any possible way, he shall be liable to pay Apuestastelegram.com the sum of €50,000 for each such breach, without the need to issue a notice of breach and without prejudice to any of Apuestastelegram.com's rights to enforce the contract, to terminate the contract, to claim additional damages, etc.
Article 8 - Duration of the Contract
8.1 The duration of this contract is indefinite. However, the parties may terminate the contract at any time, without giving any reason, by sending an e-mail to the other party at least 15 days before the effective date of termination.
However, either party may terminate this Agreement with immediate effect and cancel the Affiliate Programme in the event of breach by the other party of any of its obligations.
8.2 Upon termination of the contract or expiry of the contract, the parties are obliged to fulfil the obligations entered into until then, except in the cases referred to in the following points.
8.3 Apuestastelegram.com shall have the right to terminate this contract with immediate effect, and/or deny the Affiliate the right to use the Affiliate Programme, in the following cases:
a) In the opinion of Apuestastelegram.com, the Affiliate's website, Telegram, Whatsapp or other RRSS channels violates public order or public decency or may be offensive or violent; b) The Affiliate commits illegal acts against Apuestastelegram.com and/or third parties related to the Affiliate Program; c) Apuestastelegram.com considers the Affiliate or the content of its website inappropriate in any way whatsoever, if they do not correspond to the business concept of Apuestastelegram.com; d) The affiliate does not fully comply with the obligations or commits fraud or illegal acts in any way, or if the affiliate generates artificial traffic 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 three months.
8.4 If the Affiliate's contract is terminated, for whatever reason: a) The links will be destroyed. b) Apuestastelegram.com shall be entitled to block the Affiliate from accessing the Apuestastelegram.com website. c) The Affiliate shall no longer be entitled to claim commission. d) The Affiliate shall remove or return any links and/or material provided by Apuestastelegram.com. e) The Affiliate shall no longer be entitled to use the name Apuestastelegram.com.
8.5 The Affiliate may claim payment of commissions for transactions made before the termination date, as set out in article 4, unless the contract is terminated due to Apuestastelegram.com's decision to terminate the contract for the reasons set out in article 8.3 or because the content of the Affiliate's website does not comply with 4.2.8.
8.6 If an Affiliate (partially) breaches the provisions of article 4.2.16, the Affiliate shall, without further warning or notice of breach and without the need for judicial intervention, immediately pay Apuestastelegram.com a fine of €50,000 without prejudice to Apuestastelegram.com's rights, such as the right to terminate the contract or claim damages.
8.7 New users of Apuestastelegram.com will be evaluated based on the number of unique users, target group and profile. If a website does not meet the criteria, Apuestastelegram.com may remove the affiliate from the system without further explanation.
Article 9 - Force Majeure
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 such party's reasonable control (failure of third party systems, natural disasters, etc.).
Article 10 -Protection of Personal Data
10.1 The affiliate's personal data collected in this document or collected/generated in the course of its execution and control will be processed for the following purposes:
- The development, maintenance, fulfilment and control of the pre-contractual or contractual relationship between the affiliate and Apuestastelegram.com created or to be created under this contract.
- Compliance by Apuestastelegram.com with the obligations imposed by law.
10.2 The Affiliate expressly undertakes to notify Apuestastelegram.com of any updates or other changes to the data provided, and Apuestastelegram.com shall not be held liable for any such updates or changes.
10.3 The member expressly consents to the processing of his/her data by Apuestastelegram.com, even after the termination of his/her relationship with Apuestastelegram.com, for the analysis of his/her profile for commercial purposes and to send him/her advertising communications, including by electronic means of communication such as email or mobile phone, for products and services in the financial, real estate, cultural, travel, consumer, entertainment and leisure sectors.
10.4 The member consents to the communication of his or her personal data to any other companies in his or her group that market, manage or finance products or services in the aforementioned sectors from time to time, so that they may process his or her data for the purpose of analysing his or her profile for commercial purposes and sending commercial communications about products and services in the sectors mentioned in article 10.3.
10.5 The affiliate may at any time revoke the consents given in this contract, as well as exercise their rights of access, rectification, cancellation and opposition, by sending their request, in writing, duly proving their identity, to the e-mail address [email protected] with the subject "LOPD".
Article 11 - Modifications to the Affiliate Programme or to the terms and conditions of the contract
Apuestastelegram.com may modify the terms and conditions at any time, and the Affiliate shall be notified of such changes electronically. If the affiliate is unable to accept the amended terms and conditions, he/she may terminate the contract. If the Affiliate has not terminated the contract within 14 days, the Affiliate shall be deemed to have accepted the changes.
Article 12 - Applicable Law
12.1 These terms and conditions and any contract between Apuestastelegram.com and the Affiliate shall be governed exclusively by Spanish law, and any disputes shall be brought before the appropriate court in Spain.
12.2 All disputes, including those viewed as such only by one of the parties, which may arise between Apuestastelegram.com and an affiliate under an agreement to which these terms and conditions apply in whole or in part, or on the basis of other agreements, as well as other disputes relating to the contract, legal or factual, shall without exception be brought before the court of the relevant jurisdiction, if the parties are unable to reach an amicable settlement.
12.3 All litigation shall be brought to the competent court to hear the dispute, always having jurisdiction over the town in which the registered office of Apuestastelegram.com is located except where the law applicable in respect of that particular case requires it to be brought before a different court, and unless Apuestastelegram.com, as the plaintiff, elects to bring the matter in question before the competent court having jurisdiction over the district in which the member has its registered office.
12.4 If any provision of this contract is in breach of applicable law, it shall be amended so as to conform with such law, with due regard to the meaning of the original provision.
