1 AFFILIATION PROGRAM: The Affiliation Program is a system whereby the Affiliate will receive from ETI SL an economic amount as remuneration for advertising promotion that materializes for each commercial operation carried out by end customers who enrol in online courses offered by ETI through the Affiliate’s Web link that will be published on their web pages, social network and all electronic means of Internet dissemination available and controlled by the Affiliate. The end customer must purchase any of the online courses ETI SL offers. Websites are understood to be all corporate websites, personal websites, blogs, electronic media and social networks controlled by the affiliate. Joining our Affiliate Program will begin with the acceptance of this agreement, which also entails the acceptance of all the terms and conditions of this agreement.
2 OBJECT: The AFFILIATE agrees when signing this contract to become part of the ETI SL affiliate program that aims to encourage sales of online courses.
3 REMUNERATION: ETI SL will reimburse the AFFILIATE with the monetary amounts resulting from applying a percentage calculated according to the final customers who enrol in the online courses offered by ETI SL with the code of the AFFILIATE to the sum of the amounts invoiced to these final customers on a quarterly basis.
The percentage that corresponds to the AFFILIATE for each client registered with its code will be 5% of the PVP of the course offered. Payments are made quarterly (preferably by bank transfer) after the AFFILIATE has sent an invoice with the corresponding VAT. ETI SL will only make payments when the amount exceeds 100€ per quarter, in case of not reaching this amount, it will be accumulated until the following quarter or successive quarters.
4 DURATION OF THE CONTRACT: The contract between ETI SL and the AFFILIATE begins at the moment of acceptance of the conditions and terms of the program, which is made effective by sending to ETI SL of the registration form and the acceptance of the AFFILIATE by ETI SL. It terminates by decision of either party without the need to present cause or reason. Upon termination of the contract, the affiliate must immediately remove any link, link, visual material, logo or any other type of material of ETI SL. Any commissions made after the contract has been cancelled will not be paid. The party wishing to cancel the contract shall notify via e-mail of its decision to terminate this contract. At the end of the contract, ETI SL will regularize and pay up to date the commissions made by the AFFILIATE, even if they are less than 100 €.
5 NON-EXCLUSIVITY: This agreement does not guarantee exclusivity to the AFFILIATE, nor does it guarantee exclusivity to ETI SL, so it may join other affiliate programs with other companies or entities whose economic or commercial activity is similar or similar to that of this program.
6 CONTROL SYSTEM: ETI SL will provide an identification code that will allow the installed software to control the online courses contracted from the AFFILIATE. It is the responsibility of the AFFILIATE to insert this identification code when registering for the courses generated by him/her.
7 RESPONSIBILITIES AND OBLIGATIONS OF ETI SL: ETI SL will be responsible for providing technical support and resolving the doubts of AFFILIATE customers, as well as assisting and advising them in the commercial process.
ETI SL assumes the tasks of management and measurement of the commissions generated by the AFFILIATE, in accordance with the provisions of this contract by providing an information system of the results of the program to the AFFILIATE.
ETI SL authorizes the AFFILIATE the installation on its website of those Contents with links to the website of ETI SL and / or TMPI / PIMT it deems appropriate.
ETI SL makes no promise, nor can it guarantee or warrant that the operation of its website will in any case be uninterrupted or error-free, and therefore shall not be liable for the consequences of any interruption or error. Neither is it responsible for service failures, loss of data in the information processing systems or failures in the security systems.
ETI SL may terminate this contract with the affiliate unilaterally at any time and shall pay all amounts legitimately owed to the AFFILIATE.
ETI SL reserves the right to cancel any online course unilaterally and must notify the AFFILIATE of the termination of the course offer.
8 RESPONSIBILITIES AND OBLIGATIONS OF THE AFFILIATE: The AFFILIATE may not use any content that in any way could be considered denigrating, misleading, obscene or negative to ETI SL , which will cause the automatic termination of this contract and forfeit the right to any pending and / or future remuneration. This communication shall be in writing, which may be sent as an electronic message (e-mail), fax or regular mail.
The AFFILIATE agrees not to use the image of ETI SL or TMPI in pages whose content, including but not limited to: constitute a crime; incite or promote criminal actions or against the law, morality and / or public order, or make available or allow access to services aimed at its perpetration; include violent, pornographic, racist or discriminatory content; or violate the rules of intellectual or industrial property and secrecy of communications.
AFFILIATE is prohibited from using the trademarks and graphic elements belonging to ETI SL and the TMPI/PIMT brand for any use other than that provided for under the Affiliate Program. The AFFILIATE shall under no circumstances modify the graphic elements or texts made available to it.
9 CONFIDENTIALITY AND DATA PROTECTION: The parties shall not disclose without the prior written consent of the other party, nor shall they permit disclosure to any third party, information to the knowledge of which they have gained access through the contractual relations governed by this agreement. The data of the AFFILIATE will be incorporated into an automated file of personal data for which ETI SL is responsible for managing the business relationship. The user is informed of his right of access, rectification, cancellation and, where appropriate, opposition per the provisions of Law 15/1999, of December 13, 1999, on Data Protection.
10 MODIFICATIONS TO THE AGREEMENT: ETI SL may modify any of the terms and conditions of the Affiliate Program, at any time and upon notice to the AFFILIATE. The modification may include, among others, the payment procedures and the conditions of each product offered. If any modification is not to the AFFILIATE’s liking, the AFFILIATE has the right to cancel this agreement, without detriment to the amounts accumulated up to that moment. The AFFILIATE’s continued participation in the Affiliate Program, following a notice of changes or a new agreement outlined in our Portal, shall mean that he/she accepts the changes introduced. ETI SL shall maintain at all times the right of admission and continuity over the AFFILIATES applicants or participants in its Affiliate Program. This right allows you to accept or reject any AFFILIATE from the Affiliation Program and in any temporary phase of the same.
11. INDEPENDENCE OF THE PARTIES: THE AFFILIATE is a natural or legal person independent of ETI SL and under no circumstances shall be considered an employee, representative or agent of the company. Consequently, with the execution of the present contract, the Parties acknowledge and accept that the same does not constitute mercantile agency and in that sense does not generate any commission or economic recognition of those derived from mercantile agency.
12 LIMITATION OF LIABILITY: AFFILIATE expressly disclaims all warranties, express or statutory, including but not limited to all statutory warranties relating to latent defects, eviction, merchantability or fitness for a particular use, in connection with this agreement or any of the available affiliate programs.
13 ASSIGNMENT: The AFFILIATE may not assign or encumber all or part of its rights or obligations under this Agreement in favour of third parties without the prior written consent of ETI SL. The AFFILIATE acknowledges and agrees that ETI SL may assign its rights and obligations under this Agreement to any third party and disclose or transfer to any third party information relating to the website, email address and other non-personal data of the AFFILIATE.
14 APPLICABLE LAW AND COMPETENT COURTS: For any litigious matter regarding this commercial contract, the parties submit to the Spanish legislation in force at the time of the litigation in question, with special mention to the provisions of the Commercial Code, Civil Code and last instance in the commercial uses. Likewise, both parties expressly submit to the Courts and Tribunals of Zaragoza, Spain, establishing as domiciles those indicated by each of the parties at the beginning of this document, waiving any other forum that may be competent, due to the subject matter or amount, guaranteeing the recognition and full compliance of the final judicial decision, regardless of whether it should be executed in another State. However, both parties undertake to enter into preliminary negotiations to reach an amicable settlement of the dispute.