The following terms and conditions apply to the participation in the Experiencia Natural Affiliate Program®. Please read this contract carefully. To make use of the Affiliate Program, you must accept these general and particular terms and conditions of the Experiencia Natural® Affiliate Program. You will accept these terms and conditions when you register in the "affiliates" section of our website.
Acceptance of the provisions of this agreement is a mandatory prerequisite for use of the Affiliate Program. By accepting these conditions you will be deemed to know the rights and duties arising from the provisions of these terms and conditions. These will be applied to all agreements and arrangements made with or on behalf of the Affiliate by Experiencia Natural®.
Affiliation General conditions
Article 1. Object of the contract
The purpose of this agreement is the presentation by Experiencia Natural® to the affiliate of the Affiliate Program, which allows the affiliate to obtain a commission for some of the sales made on the website of Experiencia Natural® (https://www.semillas-de-marihuana.com) or its subdomains, either by sales obtained through a link, by means of loyalty through recurring purchases or by recommending purchases on our website to other users duly identified by the affiliate system.
Article 2 - Ownership
On the one hand, the holders of this contract may be individuals or legal entities with full capacity to do so who have a customer account on the website of Experiencia Natural®, which will be associated with the Affiliate Program. On the other hand, the holder of this contract is Experiencia Natural®.
Article 3 - Applicable regime
All the operations that could be carried out in application of the present contract will be governed by what has been agreed in this contract and its annexes, which the parties declare to know and accept.
The valuation of the credits and debits that derive from the transactions that are the object of the contract and in accordance with the same, will be that which results from the applicable rules on valuation dates at each moment in force and communicated by Experiencia Natural®.
Article 4 - Operation of the Affiliate Program
Article 4.1 - Registration and acceptance
4.1.1 Any person who has an email and a customer account in Experiencia Natural® may apply to be appointed as an affiliate of the Experiencia Natural® Affiliate Program. If the affiliate is a natural person, they must be at least 18 years old. If the affiliate has not reached the age of 18, he/she cannot access the affiliate program or the website of Experiencia Natural®. The subscription of an affiliate under 18 will be null and void.
4.1.2 The application for appointment as an Affiliate means that the Affiliate accepts the terms and conditions, as well as all the agreements to be obeyed by the Affiliate.
4.1.3 In order to participate as an Affiliate in the Experiencia Natural Affiliate Programme®, the Affiliate must
Properly complete the subscription form.
Confirm that he/she accepts these general terms and conditions.
Be accepted by Experiencia Natural®.
4.1.4 After completing the required information on the subscription form, the steps for the candidate to be accepted by Experiencia Natural® are
a) If it is a website Experiencia Natural® will study the affiliate's website(s) to verify that its contents are not contrary to the law, morality or public order, and that it is not detrimental to the image of Experiencia Natural®.
b) The user will accept the general and particular conditions, if they are established.
c) Experiencia Natural® will confirm the acceptance of the candidate in the Affiliate Program through its website or email, providing basic instructions for use.
4.1.5 The affiliate guarantees that the information provided to Experiencia Natural® about himself and his website is true and complete, and that this information corresponds to his current state.
4.1.6 The Affiliate is obliged to immediately notify Experiencia Natural® of any changes to his/her data by updating the information provided on the Experiencia Natural® website. If the member is a legal entity in the Canary Islands, the CIF must also be notified to Experiencia Natural®.
Article 4.2 - Use.
4.2.1 The affiliate must never attempt to supplant Experienced Natural® in any way, always informing that Experienced Natural® is providing the products and/or services.
4.2.2 Without prejudice to the provisions contained in Article 2.2, the Affiliate will respect the copyright, the rights derived from the registration of trademarks and other rights that are exclusive to Experienced Natural® , as well as those of any third party involved.
4.2.3 The Affiliate is obliged to make correct use of all the tools and services available, in the most efficient manner possible and respecting all the legislation involved.
4.2.4 If Experiencia Natural® establishes that if the affiliate's practices are not suitable, Experiencia Natural® will have the right to block the practice.
4.2.5 The affiliate agrees to remove the affiliate system and all information from Experiencia Natural® within 24 hours if Experiencia Natural® requests it.
4.2.6 Each Affiliate Program can be modified or terminated by Experienced Natural® at any time. The general conditions of the Affiliate Programs will be publicly available on the Experienced Natural® website.
4.2.7 The Affiliate must always be aware of any changes to the Affiliate Programs.
4.2.8 The Affiliate agrees not to take any actions that may be penalizing Experienced Natural® or any of the parties. You may not in any way contribute to the creation of artificial traffic on the indexed or linked websites.
4.2.9 The affiliate must immediately notify Experiencia Natural® of any alleged or known misuse of the affiliate's links to the Experiencia Natural® website.
4.2.10 Except where Experienced Natural® has expressly given its written permission to do so, the affiliate may not transfer or promise its rights and/or duties by contract or agreement with Experienced Natural®, in whole or in part, to a third party, without the prior written consent of Experienced Natural®.
Article 4.3 - Remuneration
4.3.1 The Affiliate accepts the automated billing system by which Experiencia Natural® will create the payment notifications and invoices that give rise to the commissions, in addition to which the Affiliate will not have to generate its own invoices.
4.3.2 The registration of transactions represented on the website of Experiencia Natural® will be binding for the affiliate.
4.3.3 Billing periods are monthly.
4.3.4 The commission that the Affiliate will receive will be fifteen percent (15%) of the amount paid by the customer excluding shipping costs.
4.3.5 The Affiliate may claim a commission if a customer purchases products and/or services from one or more Experiencia Natural® websites as long as these actions have been registered through the link via the Affiliate's website, and the transaction is made during the time that the cookies are saved.
4.3.6 Cookies are saved for 45 days.
4.3.7 The affiliate will only be charged if Experiencia Natural® has approved the transaction. The approval of the transactions corresponds to Experiencia Natural® and to predefine with criteria fixed by it.
4.3.8 The commission will be paid in the form of vouchers in the customer account specified by the affiliate, provided that the affiliate has generated valid traffic and that Experiencia Natural® is fully paid by the customer. The approval of the use of vouchers to convert to an amount to be paid to the affiliate is subject to the prior approval of Experiencia Natural®.
4.3.9 If the user returns the product or service and/or cancels it, the affiliate cannot claim the commission in question. The affiliate will not receive any commission in that case.
4.3.10 Since there is a 15-day guarantee to return the Experiencia Natural® merchandise, commissions will not be paid immediately to the affiliate, but it will take 15 days for them to be paid.
4.3.11 If the affiliate has already collected the commission for that transaction, it will be deducted from the amount of commissions to be paid in the following billing period.
4.3.12 If payment is to be made to the Affiliate's bank account abroad, the bank fees will be deducted from the payment.
4.3.13 Experiencia Natural® will pay the total commission earned by the affiliate for its participation in the various affiliate programs in Euros after the end of the billing period.
4.3.14 Experienced Natural® will at all times have the right to set the amount owed to the affiliate against any amount owed by the affiliate to Experienced Natural® for any reason.
4.3.15 The accumulated balance will be cancelled if the affiliate earns a total commission of less than 25 euros and there are no more transactions in the twelve month period.
4.3.16 If the affiliate is an individual resident in Spanish territory, a withholding of the current income tax is imposed on the total amount of the invoice, in order to comply with the law of the Spanish Tax Agency. For members 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 is imposed on the total of the invoice, in order to comply with the law of the Spanish Tax Agency. The affiliate (who does not meet the requirements of the two previous paragraphs) will be responsible for the payment of all taxes and payments to the Social Security in their respective countries, through the invoices made by Experiencia Natural®.
4.3.17 All persons resident in the Canary Islands who wish to invoice the IGIC must let us know by the traditional means of communication, as by default this tax is not invoiced.
4.3.18 None of the parties to this agreement create or presume the creation of an employment relationship between Experienced Natural® and the affiliate.
Article 5 - Consent
The parties expressly acknowledge and accept that the provision of consent through internet forms and emails is valid and binding.
Clause 6 - Intellectual Property
6.1 Copyright and intellectual property rights will always belong to Experiencia Natural®. The explicit written consent of Experiencia Natural® will be required if the affiliate wishes to acquire the right to reproduce or publish the products, services and/or documents, or the use of them for purposes other than those established by Experiencia Natural® at the time of delivery to the affiliate.
6.2 The Affiliate may not remove or alter any marks relating to copyright, trademark, trade name, or other intellectual or industrial property rights in the software, equipment or materials, including any marks concerning the confidential nature of the software and the obligation of confidentiality in respect thereof.
6.3 In the event that the Affiliate commits any negligence in the execution of Article 6.1, Experiencia Natural® is entitled to recover all elements belonging to it at the Affiliate's expense and the Affiliate will bear the costs incurred.
6.4 Natural Experience® owns all copyright, intellectual property rights, expertise and any other rights associated with the Affiliate Program or with the software required for the Affiliate Program. The Affiliate shall not obtain any such rights or permissions under this agreement.
6.5 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 Experience Natural® the sum of 5,000 euros for each violation, without the need to issue a notice of default and without prejudice to any of Experience Natural®'s rights to demand compliance with the contract, to terminate the contract, to claim additional damages, etc.
Article 7 - Confidentiality
7.1 At all times, the Affiliate must refrain from making any statement to third parties or providing any information regarding the methods used or the data provided by Experiencia Natural® about this affiliation system, in the broadest sense of the term.
7.2 In the event of violation of these terms and conditions contained in this clause in any way possible by the affiliate, the affiliate will be responsible for paying Experienced Natural® the sum of 50,000 euros for each violation, without the need to issue a notice of default and without prejudice to any of Experienced Natural®'s rights to demand compliance with 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 this contract at any time, without cause, by sending an e-mail to the other party at least 15 days before the effective date of the termination.
8.2 At the time of termination of the contract, the parties are obliged to fulfil the obligations they have undertaken until then, except in the cases referred to in the following points.
8.3 Experiencia Natural® shall have the right to terminate this agreement with immediate effect, and/or deny the Affiliate the right to use the Affiliate Program, in the following cases:
a) In Experiencia Natural®'s opinion, the Affiliate's website violates public order or public decency or may be offensive or violent; b) The Affiliate commits illegal acts against Experiencia Natural® and/or third parties related to the Affiliate Program; c) Experiencia Natural® considers the Affiliate or the content of its website inappropriate in any way, if it does not correspond to the commercial concept of Experiencia Natural®; d) The Affiliate does not fully comply with the 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 agreement in any way; e) The Affiliate has not generated traffic for a period of three months.
8.4 If the Affiliate's contract ends, for whatever reason: a) The links will be destroyed. b) Experiencia Natural® will have the right to block the Affiliate's access to the Experiencia Natural® website. c) The Affiliate will no longer be able to claim commissions. d) The Affiliate will remove or return any links and/or material provided by Experiencia Natural®. e) The Affiliate will no longer have the right to use the name of Experiencia Natural®.
8.5 The Affiliate will be able to claim the payment of commissions for transactions carried out before the termination date, unless the contract is terminated because Experienced Natural® decides to do so for the reasons set out in article 8.3 or because the content of the Affiliate's website does not respect point 4.2.8.
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 only if such failure or delay was caused by reasons beyond the reasonable control of such party (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 will be stored in a file owned by Experiencia Natural® and processed for the following purposes:
The development, maintenance, compliance and control of the pre-contractual or contractual relationship between the affiliate and Experiencia Natural® created or to be created under this contract.
The compliance by Experiencia Natural® with the obligations imposed by law.
10.2 The affiliate expressly agrees to communicate to Experiencia Natural® any update or other modification of the data provided, exempting Experiencia Natural® from any responsibility for any possible inaccuracies.
10.3 The member expressly consents to the processing of his/her data by Experiencia Natural®.
10.4 The affiliate consents to the communication of his/her personal data to any company collaborating with Experienced Natural®.
10.5 The affiliate may revoke the consent given in this contract at any time, as well as exercise his/her rights of access, rectification, cancellation and opposition, by sending a written request, duly proving his/her identity, to the e-mail address tiendaexperiencianatural@gmail.com with the subject "Low data".
Article 11 - Modifications to the Affiliate Program or to the conditions of the contract
Experiencia Natural® may modify the terms and conditions at any time, and these changes will be notified to the affiliate electronically. If the affiliate cannot accept the modification of the terms and conditions, he/she may terminate the contract.
Article 12 - Applicable Legislation
12.1 These terms and conditions and any contract between Experiencia Natural® and the Affiliate will be exclusively subject to Spanish law, and any lawsuits will be brought before the appropriate court in Spain. Ourense is the registered office of Experiencia Natural® and is the preferred place for such cases.
12.2 Any lawsuit, including those seen as such by only one of the parties, that may arise between Experienced Natural® and an affiliate, under an agreement in which the present terms and conditions are applicable in whole or in part, or based on other agreements, as well as other lawsuits related to the contract, legal or factual, will be brought without exception before the competent court, if the parties fail to reach an amicable solution.
12.3 Any lawsuit shall be brought before the competent court to take cognizance of the dispute, always having jurisdiction over the town in which Experienced Natural®'s registered office is located, except in the event that the law applicable to that particular case requires it to be brought before a different court, and unless Experienced Natural®, like the plaintiff, chooses to bring the matter in question to the competent court having jurisdiction over the district in which the affiliate has its registered office.
12.4 If any provision of this Agreement is in breach of applicable law, it shall be amended so as to conform to such law, with due regard to the meaning of the original provision.