Affiliate program terms

The Parties

These Affiliate Program Terms and Conditions (“Agreement” or “Terms”) are a legal agreement with Inte, Implementation of New Business Techniques, S.L. CIF B61386777, registered in the Barcelona Mercantile Registry, volume 29858, folio 0073, sheet 163237, 1st entry, with registered office at C/Granollers 51 – 08173 Sant Cugat del Vallès, Barcelona, Spain, cataloged by Dun & Bradstreet with D-U-N-S Number: 564329605 (hereinafter, “Inte,” “Wetopi” or “we”).

For any inquiries or proposals, contact us at help@wetopi.com or by phone at 93 675 66 63.

The Parties

Inte, Implementation of New Business Techniques, S.L. is the operating entity of the Wetopi Affiliate Program.

You represent and warrant that (a) you have the capacity to agree to and comply with these Terms, or (b) if you have registered for the Program on behalf of an organization, entity, or group, you are authorized to accept these Terms on behalf of that organization, entity, or group.

Requirements and Registration

Wetopi may approve or reject any registration application to the Program for any reason it deems appropriate.
To register an account in the Affiliate Program (“Account”), you must be at least eighteen (18) years old or of legal age in your jurisdiction.

You must be eligible to receive Affiliate payments through a payment provider or process identified by Wetopi, which may change at Wetopi’s discretion. Currently, commissions are paid through PayPal. Please check PayPal’s policy to confirm that you are eligible to make and receive payments via PayPal. Wetopi is not responsible for transaction fees charged by PayPal or any other payment provider.

By applying for registration in the Program, you agree to: (a) provide accurate, true, current, and complete information; (b) appropriately maintain and update your information if changes occur; (c) protect your password and restrict access to your Account to maintain its security; (d) promptly notify Wetopi if you discover or suspect breaches in security, unauthorized access to your Account, Services, or the Program and be responsible for all activities conducted from your Account accepting all risks of any authorized or unauthorized access to your Account.

If there is any dispute regarding ownership of an Account, we reserve the right to investigate and determine Account ownership based on our reasonable discretion.

Requirements and Registration

To join the Wetopi Affiliate Program, you must be at least 18 years old and meet the established requirements. Payments are made through PayPal.

Affiliate Websites

You represent, warrant, and agree that the Affiliate Websites from which you promote Wetopi and the Services (collectively, “Affiliate Websites”) will not (a) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral or privacy rights, or any other proprietary or intellectual property rights; (b) not violate or promote the violation of any law; (c) not be defamatory, fraudulent, false, misleading, or (d) not constitute, consist of, or enable spam, phishing attempts, “chain letters,” “pyramid schemes,” or malicious activity (as defined below); (e) not be pornographic, vulgar, not exploit children, nor be obscene in any way; (f) not promote terrorism, violence, discrimination, intolerance, racism, hate, harassment, or harm against any individual or group. Whether Customer Content violates these Terms is subject to Wetopi’s discretion.

Affiliates will be fully responsible and retain rights and ownership of their Affiliate Websites. Affiliates acknowledge and agree that Wetopi (a) shall have no obligation to review, monitor, validate, correct, or update Affiliate Websites in any way, and (b) expressly disclaims any responsibility arising from such Affiliate Websites.

Affiliate Websites

Affiliate sites must not violate any laws or contain inappropriate or malicious content. Affiliates are responsible for their sites.

Affiliate Responsibilities and Restrictions

The Affiliate shall comply with all applicable local, state, national, and international laws and regulations, including but not limited to, European Union trade sanctions and export control laws, consumer protection, advertising, anti-bribery, export control, and data privacy laws.

Affiliates agree to assist Wetopi promptly in complying with any applicable law, including requests from data subjects that Wetopi may receive from individuals Affiliates have referred to Wetopi. Affiliates also agree to assist Wetopi promptly in complying with any obligation to cooperate with supervisory authorities under applicable data protection laws.

The Affiliate will only refer to Wetopi potential clients who (a) have provided valid contact information; (b) are not bots, false, illegitimate, or fraudulent in any way; and (c) comply with Wetopi’s Terms of Service.

If there is any dispute regarding Account ownership, we reserve the right to investigate and determine Account ownership based on our reasonable discretion.

Affiliate Responsibilities and Restrictions

Affiliates must comply with all applicable laws and refer only legitimate clients to Wetopi.

Affiliate Advertising

Subject to the restrictions imposed by these Terms, Affiliates will be responsible for the content, communications, and material, including their form and format, used in their Wetopi or Services promotions in connection with the Program (“Promotional Content”). When Affiliates use Wetopi’s image in or as part of the Promotional Content, they are prohibited from modifying, changing, customizing, or mimicking Wetopi’s trademarks, logos, banners, and graphics. Authorized versions of promotional content are available in the Affiliate section of the Wetopi user panel.

Promotional Content will include a notice that the Affiliate is a Program member and has a commercial relationship with Wetopi.

Affiliates will not conceal their relationship with Wetopi or their participation in the Program in any way, nor will they imply or state that they are partners, employees, or other representatives of Wetopi.

Affiliate Advertising

Affiliates may not modify Wetopi’s logos or content in their promotion and must disclose their commercial relationship with Wetopi.

Affiliate Code of Conduct

Affiliates will be governed by the highest standards of ethics and professionalism. Without limiting the generality of the above, Affiliates and/or their promotional content related to the Program:

• Will not misrepresent the Services in any way, including their prices, plans, discounts, or features.
• Will not offer or provide any type of guarantee, incentives, rewards, or indemnifications not previously approved in writing by Wetopi.
• Will not disparage Wetopi or its representatives, Services, or the Program.
• Will not use illegal promotional methods or spam.
• Will not compete with or interfere with Wetopi’s direct advertising efforts. Wetopi may eventually conduct direct online advertising.
• Will not publish ads with Wetopi’s trademarks or service marks, nor publish ads that promote or display Wetopi’s trademarks or service marks in any way.
• Will not bid (in relation to online advertising, including but not limited to pay-per-click or pay-per-impression campaigns) on keywords or phrases that include Wetopi’s trademarks, service marks, registered trademarks, or registered URLs or their variations, abbreviations, or misspellings.
• Will not direct traffic to Wetopi through any pay-per-read, pay-per-click, banner exchange, click exchange, PPC advertising, pop-up/under, press releases, or similar methods.
• Will not use iframe tags or any other technique or technology to add the Affiliate tracking cookie to a referral by any means other than actual click.
• Will not use link masking or cloaking techniques or technology to promote Wetopi on websites and/or networks that are not explicitly mentioned in their accounts.
• Will not display any variation, abbreviation, or misspelling of Wetopi.com, “Wetopi,” or Wetopi’s logos or trade names in any domain name or subdomain, social media profile, or as part of the name or description of any other online or offline presence.
• To ensure clarity, it is important to avoid shortened links and allow Wetopi to appear in the URL path. The Affiliate section of the Wetopi panel shows how to build the affiliate link. For example, “https://wetopi.com/hosting-for-enterprise-sites/?utm_source=affiliate&utm_medium=website&utm_campaign=lorem”
• Will not promote nonexistent Wetopi discounts or refer to any discounts offered by Wetopi on an ongoing basis, such as coupon codes, offers, seasonal discounts, or exclusive discounts.
• Will not promote Wetopi as part of any incentive program or any other third-party scheme offering special incentives (e.g., rewards, discounts, cashback, etc.) to attract and retain customers.
• Any reference to a payment made via a controlled method or belonging to the Affiliate shall be considered a violation of these Terms.

Affiliate Code of Conduct

Affiliates may not misrepresent services or use promotional techniques such as spam or cookie manipulation, among others.

Malicious Activity

As an Affiliate and Wetopi user, you agree not to perform, attempt to perform, or encourage or help others to perform any malicious activity.

“Malicious activity” means any of the following actions, alone or in combination (a) using, displaying, mirroring, or framing in iframe or similar technique the Program or any individual element within the Program; (b) accessing or tampering with non-public areas of the Program, Wetopi, or its Services; (c) testing the vulnerability of any Wetopi system or violating any security or authentication measures; (d) bypassing any measures implemented by Wetopi or any third-party system to protect the Services; (e) copying, modifying, decompiling, disassembling, reverse engineering, manipulating, or attempting to derive the source code of any part of the Services; (f) interrupting, damaging, destroying, or limiting the functionality of the Services; or (g) hosting, uploading, or transmitting in any way malware, viruses, or any other malicious code or activity.

Affiliates must cooperate with Wetopi to quickly isolate, mitigate, and remove any Malicious Activity and take appropriate corrective actions.

Malicious Activity

Affiliates must not engage in malicious activities such as system tampering, reverse engineering, or malware distribution.

Referral Commissions

AReferrals for Affiliates will be made through a hyperlink presented to a potential Wetopi customer in a format approved by Wetopi (“Affiliate Link”).

A potential Wetopi customer will become a “Referred Customer” when they click on an Affiliate Link and register a Wetopi account by creating a new profile.

Affiliates can present an Affiliate Link to a potential Wetopi customer using one of the following referral mechanisms:

• By placing the Affiliate Link on an Affiliate’s website or any other tool, app, platform, or document owned by the Affiliate.
• By sharing the Affiliate Link via email or other messaging service with a potential Wetopi customer from the Affiliate’s professional network or someone who has opted to receive marketing communications from the Affiliate.
• By placing the Affiliate Link in a social media message, in a document in a code repository (e.g., GitHub repo), or in the description of a video hosted on a third-party video streaming platform (e.g., YouTube) when the repository or video in question is managed by the Affiliate and when such placement complies with these Terms and the terms of the third-party platform.
• By initiating the transfer of a site from your account to another Wetopi account that does not have an affiliation associated with another profile (“Site Transfer”).

Wetopi reserves the right, unilaterally, to deactivate and remove Referred Customers from the Program who do not maintain an active service plan or otherwise violate the Terms of Service.

The Affiliate will receive payments from Wetopi for their referrals if all of the following conditions are met:

• The referred customer has never been a Wetopi customer.
• The referred customer has paid Wetopi for the Services (“Plan”).
• The Affiliate’s account is active at the time the referred customer pays for their plan to Wetopi.

Customers who are already registered with Wetopi prior to the activation of the affiliate program, and who are linked to the Affiliate by the established means or any other confirmed relationship, will automatically be incorporated into the program as “Referred Customers” of the corresponding Affiliate. Commissions for such customers will start to accrue only from the moment they are formally incorporated into the affiliate program, as long as they meet the requirements set forth in these terms and conditions.

The Wetopi Affiliation Program consists of two levels:

Post by Referee (First Level):

For each client you refer to Wetopi, you will receive a unique fine amount of s 30, paid from the first moment that the aforementioned meets the conditions established.

Recurrent Commission (Second Level):

In addition to the fine payment, you will be able to access a recurring commission of 10% of the turnover of all your referred customers, for life. To access this second level, the following conditions must be fulfilled:

Get to five referred assets.

Review the specific conditions of the Recurrent Commissions Programme and formally request access.

Wetopi will verify that your data is complete; after approval, all of you referred to will generate, in addition to the fine contribution, recurring commissions that you can withdraw.

The amount generated will remain in the membership wallet, the same who decides to do with them, can withdraw them through their PayPal account or can spend them on services offered by Wetopi.

The amount and method of calculating commissions are determined and subject to change at Wetopi’s sole discretion.

The amounts and methods of the commissions, and their corresponding updates, are available on the affiliate information page: https://wetopi.com/affiliate-program-terms/

Commissions are calculated based on the amounts invoiced and paid by the referred customer, excluding any taxes (such as VAT, sales tax, goods and services tax, etc.), fees, or charges owed by the referred customer, as well as additional services contracted by the customer unrelated to the hosting service.

If the referred customer has received a discount, the commission will be calculated based on the invoiced amount, considering the discount.

If any amount is refunded to the referred customer for any reason, Wetopi may deduct those amounts from future Affiliate commissions.

Commissions will only be paid to an Affiliate for each referred customer.

If there is a dispute over which Affiliate should receive the commission, Wetopi will determine, at its sole discretion, which Affiliate should receive the commission, and Wetopi’s decision on this matter will be final.

When a potential Wetopi customer clicks on an Affiliate Link, the web browser used by the potential Wetopi customer will store a tracking cookie.

The tracking cookie will be valid for 60 days.

During those 60 days, if the potential Wetopi customer clicks on a different Affiliate Link while using the same web browser, a new cookie will be placed that will overwrite the original cookie.

After 60 days from the installation of the last cookie, it will expire, and a new one will only be installed if the potential Wetopi customer clicks on an Affiliate Link.

Tracking cookies are stored individually in each browser. If a potential Wetopi customer clicks on different affiliate links using different web browsers, each web browser will store a tracking cookie associated with the affiliate link accessed within that web browser.

At the time of registration, the Referred Customer will be assigned to the Affiliate based on the tracking cookie stored by the web browser used for registration.

Wetopi will not be responsible for tracking cookies that have been intentionally or accidentally deleted. No commission will be paid for any tracking errors, including, but not limited to, errors caused by editing, hiding, or altering the Affiliate Link. The Affiliate can check the status of their activity as an Affiliate in the informational panel of their profile.

Commissions will only be paid when the available balance from commissions is greater than or equal to 50.00 Euros.

Wetopi will not be responsible for lost, stolen, or misdirected commission payments.

The Affiliate is solely responsible for all tax obligations owed to tax authorities arising in connection with their participation in our Program.

Referral Commissions

Affiliates receive commissions only for valid referrals if they meet the payment, cookie, and referral eligibility conditions.

Termination

Wetopi may terminate the Program, this Agreement, and/or your Account at any time without formal notice, and Affiliates may terminate this Agreement at any time by providing written notice to Wetopi (collectively, “Termination”).

Upon termination, (a) Affiliates must (b) immediately cease using Wetopi Property, including Wetopi’s logos, trademarks, banners, images, content, trademarks, and software, (c) delete and return or destroy all Promotional Content, and (d) Wetopi will have no obligation to the Affiliate under this Agreement, including the payment of any pending or previously earned Commissions.

Upon termination, expiration, discontinuation, or suspension of these Terms or the Program, any clause that, for its intent to be fulfilled, must survive termination, expiration, discontinuation, or suspension of these Terms or the Program shall remain in effect after such termination, expiration, discontinuation, or suspension of these Terms or the Program.

Termination

Wetopi may cancel the Affiliate account or the program at any time. Upon termination, affiliates must stop using all Wetopi assets.

Intellectual Property

This agreement does not imply any transfer between Wetopi and the affiliate of any intellectual property of Wetopi or any third party and therefore all rights, titles, or interests relating to such property shall remain (as between the parties) exclusively with Wetopi. Wetopi, wetopi.com, the wetopi.com logo, and all other trademarks, service marks, graphics, and logos used in connection with wetopi.com or the website are trademarks or registered trademarks of Wetopi or Wetopi’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the website may be third-party trademarks. Your use of the website does not grant you the right or license to reproduce or otherwise use any of Wetopi or third-party trademarks.

Intellectual Property

Rights to trademarks, logos, and other intellectual property remain with Wetopi or its licensors. No rights are transferred to affiliates.

Self-billing agreement

The affiliate authorizes Wetopi to issue invoices on their behalf for services or goods provided to the affiliate, in accordance with regulations invoicing obligations in Spain.

Self-billing agreement

The affiliate authorizes Wetopi to issue invoices on their behalf for services, complying with Spain’s invoicing regulations.

Confidentiality

Any information provided to Affiliates relating to Wetopi’s business, clients, suppliers, software, technology, or financial status, or any other information designated as confidential by Wetopi (collectively, “Confidential Information”), is a valuable asset that Wetopi wishes to keep confidential.

Affiliates will maintain confidentiality and ensure that their employees and subcontractors maintain confidentiality of all Confidential Information provided or acquired by the Affiliate and will not disclose or reveal it, in whole, in part, directly, or indirectly, to any person or persons or use it (except in compliance with their obligations under this Agreement) without Wetopi’s express written consent.

Confidentiality

Affiliates must maintain the confidentiality of any information received from Wetopi and not disclose it without their permission.

Relationship of the Parties

The relationship between Wetopi and the Affiliate is solely that of independent contractors. Nothing in this Agreement creates an agency, joint venture, partnership, franchise, or other joint enterprise, employment, or fiduciary relationship between us.

Neither Wetopi nor the Affiliate will have any right or authority, expressed or implied, to assume or create any obligation on behalf of or in the name of the other party or to bind the other party in any contract, agreement, or commitment with any third party.

Relationship of the Parties

Wetopi and affiliates are independent contractors and do not create any partnership or agency relationship between the parties.

Limitation of Liability

Neither Wetopi, nor its owners, employees, officers, directors, agents, contractors, affiliates, suppliers, or licensors, nor any other party involved in creating, producing, or delivering the services or program, will be liable for any indirect, incidental, special, including lost profits or revenue, whether contractual or extracontractual (including negligence), or under any other legal theory, even if Wetopi has been informed of the possibility of such damages, and if the limited remedy set forth herein fails of its essential purpose.

In no event shall Wetopi’s total liability arising out of or related to these terms exceed the amount of unpaid earned commissions.

The exclusions and limitations of liability and damages set forth above are fundamental elements of the basis of the bargain between Wetopi and you.

Limitation of Liability

Wetopi will not be liable for indirect or incidental damages, and its maximum liability is limited to the amount of unpaid commissions.

Indemnification

You agree to indemnify and hold Wetopi, its owners, officers, directors, employees, agents, contractors, licensors, and Affiliates (“Wetopi Indemnitees”) harmless from any loss, cost, expense, damage, or liability, including attorney fees, that may arise due to: (a) your participation in the Program; (b) Affiliate content or websites; (c) breach of these Terms; or (d) any violation of laws or third-party rights. We reserve the right to control any action or proceeding, including the selection of lawyers and the agreement of terms, and you agree to cooperate in assessing potential defenses.

Indemnification

Affiliates must indemnify Wetopi for any loss arising from their participation in the program or breach of the terms.

Dispute Resolution

This agreement constitutes the entire and exclusive understanding between Wetopi and you regarding its subject matter and can only be modified by a written document signed by an authorized Wetopi representative or by Wetopi’s publication of a revised version. This agreement shall be governed by and construed in accordance with the laws of Spain.

For any dispute arising out of or relating to this agreement, the parties expressly submit to the jurisdiction of the courts of the city of Barcelona, waiving any other applicable jurisdiction.

Any dispute arising out of this agreement will be resolved through arbitration administered by the Barcelona Chamber of Commerce Arbitration Court, in accordance with its regulations. The arbitration will be conducted in Spanish or Catalan, as agreed by the parties, in the city of Barcelona. The arbitral decision shall be final and binding, and may be enforced in any competent court.

The prevailing party in any action or proceeding relating to this agreement shall bear the costs and legal fees in accordance with the current legislation.

If any provision of this agreement is declared null or unenforceable, such nullity shall not affect the remaining provisions, which shall remain in full force and effect, and the parties agree to replace the affected provision with one that closely aligns with the original intent.

The waiver by either party to enforce a specific clause of this agreement does not constitute a general waiver of compliance with the same or affect other rights or legal actions.

You may not assign or transfer the rights or obligations arising from this agreement without prior written consent from Wetopi. Wetopi may assign this agreement without requiring your express consent. This agreement shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

Dispute Resolution

Courts of Barcelona, or through arbitration.

Translation

These Terms of Service were originally written in Spanish from Spain. We may translate these Terms into other languages. In the event of any conflict between a translated version of these Terms of Service and the Spanish version, the latter shall prevail.

Translation

In the event of a conflict between translated versions of these Terms and the original Spanish version, the Spanish version will prevail.

Miscellaneous

This agreement constitutes the entire agreement between Wetopi and the user (i.e., you) concerning the subject matter hereof and may only be modified by a written amendment signed by an authorized Wetopi executive or through the posting of a revised version by Wetopi. Except to the extent that applicable law, if any, provides otherwise, this agreement, your access to or use of the website, shall be governed by the laws of the state of Barcelona – Spain, except for conflicts with legal provisions; likewise, the appropriate venue for resolving conflicts arising from or related to this contract shall be the state or federal courts of the city of Barcelona, Catalonia. Except for claims for injunctive or equitable relief and claims regarding intellectual property rights (which may be adjudicated by any competent court without bond), any dispute arising out of this agreement shall be settled according to the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) General Arbitration Rules by three arbitrators appointed in accordance with such rules. Arbitration will be conducted in Spanish in Barcelona (Catalonia); likewise, the arbitral award may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to recover costs and court fees. If any part of this agreement is invalid or unenforceable, that part shall be construed to reflect the original intent of the parties, and the remaining parts shall remain in full force and effect. Waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms; Wetopi may assign its rights under this agreement without condition. This agreement shall be binding upon and will inure to the benefit of the parties, their successors, and permitted assignees.

Miscellaneous

The agreement between Wetopi and the user is final and can only be modified by official authorization. Disputes will be resolved in Barcelona courts or by arbitration at JAMS. Assignments are permitted, and if any part is invalid, the rest remains in effect.

Note

We have decided to make these “Terms of Service” available under a Creative Commons ShareAlike license, which means you can copy and reuse them for your own use. Just be sure to replace the references to us with those that represent you.

Note

This document is available under a Creative Commons ShareAlike license and may be reused with necessary modifications.