General Conditions for the Affiliate Program

Proleathernet

Preliminary Information

Blue Ocean STP S.L., located at Calle Pintor Zurbarán 18, 03610, Petrer, with NIF B-44686376 (hereinafter “Proleathernet”), is the owner of the website www.proleathernet.com (hereinafter, the “Website”). Proleathernet is a company dedicated to connecting professionals in the leather and textile sector globally. Additionally, Proleathernet offers non-subscription services that can be contracted by any company or freelancer.

1. Purpose

The purpose of these general conditions (hereinafter, the “General Conditions”) is to regulate the conditions under which a legal entity (hereinafter, the “Affiliate”) will promote, through links, banners, widgets, or any other resources provided by Proleathernet, the subscriptions offered by Proleathernet on the Website, in exchange for a certain commission stipulated in section 4 of these General Conditions. 

Joining Proleathernet’s affiliate program implies the prior acceptance of these General Conditions by submitting the duly completed affiliate application form through the Website. After submitting the application, the Affiliate will receive an email from Proleathernet informing them of the acceptance or rejection of their application, without the need to justify the decision. 

Joining the affiliate program is entirely free and does not involve any maintenance costs.

2. Rights and Obligations of Proleathernet

2.1 Proleathernet shall have the following rights:

(I) Proleathernet may suspend or cancel the Affiliate’s account and withhold earned commissions if the Affiliate’s account shows patterns of commission system manipulation or any other indications of fraudulent or negligent behavior in the use or management of their account. 

(II) Proleathernet may suspend or cancel the Affiliate’s account and withhold earned commissions if the Affiliate’s account is not legally registered as a company or freelancer, as they must issue a legal invoice to process commission payments.

2.2 Proleathernet shall assume the following obligations:

(I) Once the application is approved, Proleathernet must activate the Affiliate’s account and provide access to the affiliate platform. 

(II) Provide the Affiliate with access to and download of promotional materials, HTML links, and URLs that will allow the identification of users and their purchases on the Proleathernet Website. 

(III) Register Affiliates in their account and continuously track the transactions made by them, providing related reports or summaries of the transactions. 

(IV) Pay the Affiliate the commission under the terms established in section 4 of these General Conditions.

3. Rights and Obligations of the Affiliate

3.1 The Affiliate shall have the following rights:

(I) Use Proleathernet’s brand, logo, and other promotional products on their website(s) under the terms and limits outlined in these General Conditions.

3.2 The Affiliate shall assume the following obligations:

(I) The Affiliate declares that all information provided to Proleathernet is true and correct and will update it in case of any changes. 

(II) The Affiliate must adequately safeguard their login credentials for the affiliate area and will be solely responsible for their use by third parties. The Affiliate must immediately request Proleathernet to change their password if they suspect it has been stolen or used by a third party without consent. In this regard, the Affiliate releases Proleathernet from any liability for damages caused by such misuse. 

(III) If promoting through their website(s), the Affiliate is responsible for their website(s) and content and must comply with all applicable laws and regulations, including those related to privacy and data protection. The Affiliate declares that their website(s) have all the legal texts required by current regulations and that the content of these texts complies with all legal provisions and applicable data protection regulations as stipulated in section 10 of these General Conditions. 

(IV) The Affiliate will use the promotional material solely to direct their visitors and/or clients to the Proleathernet Website. To this end, the Affiliate will only use the links and materials available in the affiliate area (banners, images, logos) without modifying or altering their design, color, or size. Consequently, the Affiliate must use the material currently available in the affiliate area. 

(V) If the Affiliate acts fraudulently or illegally or generates or attempts to generate Artificial Traffic to the Proleathernet Website or violates these General Conditions, Proleathernet may, in addition to withdrawing their Affiliate status, demand compensation for damages caused to Proleathernet in accordance with current legislation. Furthermore, in this case, Proleathernet may cancel any commission payments owed to the Affiliate, including earned but unpaid commissions. 

(VI) The Affiliate may only open accounts in their own name and interest. Furthermore, existing accounts cannot be transferred to a third party without the express written authorization of Proleathernet. 

(VII) The Affiliate commits to maintaining constant promotional activity to periodically refer new customers to Proleathernet. 

(VIII) The Affiliate may not use the brand or any promotional material from Proleathernet’s suppliers without written authorization from said suppliers or Proleathernet. 

(IX) The Affiliate will receive documentation on the protocol and procedure for using Proleathernet’s Tools. In this regard, the Affiliate commits to using these Tools as stipulated in the aforementioned documentation. 

(X) The responsibilities and obligations for the use of the Tools indicated in the previous point will be subject to the protocols and procedures that Proleathernet will make available to the Affiliate. 

(XI) The Affiliate is prohibited from using the Tools to establish any independent business relationship with Proleathernet’s users and suppliers or from violating everything indicated in the corresponding protocols and procedures.  

(XII) The Affiliate commits not to share the Tool credentials with third parties. 

(XIII) The Affiliate commits to complying with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) worldwide, and with Organic Law 3/2018 of 5 December on Personal Data Protection and guarantee of digital rights in Spain, exonerating Proleathernet from any liability regarding the use of their personal databases. Specifically, the Spanish Affiliate commits to complying with the criteria of the Spanish Data Protection Agency regarding Cookies.

4. Commissions

4.1 Percentage

Proleathernet will pay the Affiliate a commission for each sale generated by a customer using the Affiliate’s code on Proleathernet. A referred customer is understood as any company or freelancer who pays for the subscription after using the code during registration on the Proleathernet Website. 

Non-subscription services will not be commissionable. 

The commission percentage will be 15% on the generated subscriptions, based on the price at the time of payment.

4.2 Payment and Invoicing

Payment and invoicing terms are subject to the following conditions: 

(I) The minimum payment threshold is €100. Once the Affiliate reaches this amount, they can request payment at any time. 

(II) To proceed with commission payments, the Affiliate must send us a legal invoice for these commissions. Once received by Proleathernet, immediate payment will be arranged. 

(III) The Affiliate assumes full responsibility and expressly releases Proleathernet in case the data provided by the Affiliate regarding invoicing is inaccurate or incorrect. In this regard, the Affiliate commits to providing Proleathernet with reliable information about their tax obligations (VAT, IRPF, etc.). 

(IV) The Affiliate will bear the costs of the bank transfer, with a minimum of two euros (€2) per transfer, as well as liability for damages caused to Proleathernet due to the provision of incorrect or insufficient bank details. 

(V) Payments will be made in euros. Payments made in a different currency will be calculated at the exchange rate shown on www.bde.es on the last day of the month to which the payment refers. 

(VI) The Affiliate will bear the payment of all taxes, fees, insurance, and similar expenses arising from the payments made in their favor by Proleathernet. 

(XII) The Affiliate will have access to all information related to sales made to referred customers, products sold, or the date of commission payments on the affiliate panel.

5. Duration of the Contractual Relationship

These General Conditions will come into force when the Affiliate receives the communication of approval of their affiliate application and will have a duration of one (1) year, automatically renewable for equal periods, provided that neither party notifies in writing their intention to terminate the contractual relationship thirty (30) calendar days before the end of the contractual relationship. 

Notwithstanding the foregoing, Proleathernet will have the right to terminate the contractual relationship with the Affiliate at any time and without prior notice to the Affiliate if they fail to comply with any of the obligations provided in this document. 

Upon termination of the contractual relationship by either party, the Affiliate will lose the right to the commission for referred customers; however, they will be responsible for all transactions carried out until the date of termination. They will also be obliged to return all promotional material, refraining from using the brands or any other intellectual property rights they enjoyed under these General Conditions. Additionally, they must immediately return any confidential information they have accessed under these General Conditions and refrain indefinitely from publishing or disclosing it. Likewise, the Affiliate may not use the Tools or any information provided by Proleathernet, including but not limited to content, user information, review numbers, activity titles, activity descriptions, images, indicative texts on services included or not included, voucher information, popularity, prices, commissions, or discounts available on the Website.

6. Termination of the General Conditions

These General Conditions may be terminated at any time under the following circumstances: (i) by mutual agreement of the parties; (ii) at the request of PROLEATHERNET if more than six (6) months pass without the Affiliate referring a new customer; (iii) if PROLEATHERNET determines that the website(s) contain, in its judgment, inappropriate or unsuitable content or content that may violate any personal or material rights recognized by current legislation. This includes websites directed at children and/or minors, those incorporating pornography or other illegal sexual acts, those promoting violence, racial, sexual, or religious discrimination, xenophobia, or ridiculing physical disabilities, sexual orientation, or age, and those generally promoting illegal activities or violating the rights of third parties, whether individually or collectively; as well as (iv) for misuse of the Tools or the Affiliate’s failure to comply with any of the obligations contained in these General Conditions.

The termination of these General Conditions will inevitably result in, but not be limited to, the following effects: (i) automatic and final cancellation of the Affiliate’s account; (ii) payment, if applicable, of any pending commissions, regardless of the amount; (iii) loss of the right to receive future commissions from previously referred customers; (iv) the obligation to remove any type of PROLEATHERNET promotional material from the website(s) and the Affiliate will refrain from using the trademarks or any intellectual property rights enjoyed under these General Conditions; and (v) the cessation of the use of the Tools and any information provided by PROLEATHERNET that is being used at that time (content, images, reviews, etc.). Additionally, any confidential information accessed must be immediately returned.

7. Liability and Disclaimer of Warranties

The Affiliate shall be responsible for the following obligations:
(I) The Affiliate shall be responsible for displaying updated information. If subscriptions are generated under incorrect information that leads to a user claiming a refund for such a subscription amount, PROLEATHERNET may require the Affiliate to pay the refunded amount to the user.

Except in cases of willful misconduct or negligence, PROLEATHERNET’s total financial liability, whether contractual, extracontractual, or otherwise, shall be limited to the total amount paid in commissions for customers referred under these General Conditions.

The Affiliate agrees to indemnify PROLEATHERNET for any claim, penalty, damage, liability, and/or expense related to any breach of these General Conditions and, in general, applicable law to this Agreement.

8. Relationship Between the Parties

Nothing in these General Conditions shall create or be interpreted as creating an employment relationship, such as employer and employee, between PROLEATHERNET and the Affiliate.

9. Safeguard and Modification of the General Conditions

If any part of this Agreement is declared null or ineffective, the remaining parts shall remain unchanged under the agreed terms. The affected condition shall be considered not included and will be reformulated in terms as close as possible to the initially intended purpose.

PROLEATHERNET reserves the right to partially or fully modify the content of these General Conditions. Such changes will be published on the Website and personally notified to the Affiliate by sending them to the email address provided in the registration application and may include, among other things, changes in the commission percentage, calculation method, and affiliate program rules. Once notified of the changes, the Affiliate may choose to terminate the contractual relationship with PROLEATHERNET, understanding that failure to do so constitutes acceptance of the content and scope of the changes. Upon termination of the contractual relationship, PROLEATHERNET will pay the Affiliate any outstanding payments in accordance with the terms of these General Conditions.

10. Personal Data Protection and Cookies

As part of the PROLEATHERNET affiliate program, the Affiliate must provide the data and information related to the Affiliate required by PROLEATHERNET to formalize the contractual relationship. Therefore, the Affiliate is informed about how their personal data is processed, their privacy is protected, and the information provided to PROLEATHERNET is safeguarded in the form of questions and answers.

Who is responsible for processing your data?
• Identity: Blue Ocean STP S.L.
• NIF: B-44686376
• Postal Address: C/ Pintor Zurbarán 18, 03610 – Petrer
• Email: info@proleathernet.com

Who is the Data Protection Officer (DPO) of the entity, and how can they help you?
The DPO is a legally designated role whose main functions are to inform and advise our entity on obligations related to personal data protection and to oversee compliance. Additionally, the DPO serves as a point of contact for any questions regarding the processing of personal data. Therefore, if you have any questions, concerns, or suggestions about how we use your personal data, you can contact them.

For what purpose do we process your personal data?
We process the personal data you provide to us for the following purposes:
a. Managing your application to join the PROLEATHERNET affiliate program, as well as the contractual relationship between the parties in case your application is accepted, including invoicing and payment of services. For this purpose, it is mandatory for the Affiliate to provide us with their data; otherwise, the application or contractual relationship cannot be executed.
b. Sending commercial communications about our products or services related to the affiliate program or informational communications.
c. Compliance with legal obligations to which we are subject, such as those related to tax and data protection legislation.
d. Sending satisfaction surveys to gather your opinion on the service provided.

How long will we retain your data?
We will retain your data for the duration of the contractual relationship and, once it ends, for the necessary period to comply with legal obligations.

What is the legal basis for processing your data?
The processing of your personal data is based on the necessity to fulfill the contractual relationship between the Affiliate and PROLEATHERNET, as well as the need to comply with legal obligations to which we are subject.

To whom will your data be communicated?
Your personal data will be communicated to third parties necessary to fulfill our legal obligations (e.g., the Tax Agency) and, when necessary for the execution of this contractual relationship, to banks and other financial institutions for payment processing.

What are your rights when you provide us with your data?
You have the right to access your personal data and request the correction of inaccurate data or, if applicable, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. Additionally, in certain circumstances, you may object to the processing of your personal data (e.g., request that we stop sending you commercial communications) or request the limitation of processing, in which case we will only retain it for the exercise or defense of claims.

11. Exclusion of Liability

PROLEATHERNET will not be liable for interruptions on the Website, inability to access the platform, or poor service quality due to factors beyond the company’s control.

12. Applicable Law and Jurisdiction

These General Conditions shall be governed by Spanish law. For the resolution of any disputes arising in relation to the interpretation, validity, or execution of these General Conditions, the parties shall submit to the jurisdiction of the Courts and Tribunals of Alicante.

13. Miscellaneous

(I) These General Conditions constitute the entire agreement between PROLEATHERNET and the Affiliate, superseding any prior agreement or negotiation.
(II) The waiver by either party of any breach or violation of the provisions of these General Conditions shall not constitute a waiver of future violations.
(III) Neither party may assign, transfer, or subcontract the rights or obligations under these General Conditions without the prior written consent of the other party.

© 2023 Proleathernet

en_US