Operating Agreement for the Affiliate Program
Updated to: June 01, 2022
Any person or entity that participates or intends to participate in our affiliate marketing program (hereinafter “Affiliate Program” and said person or entity being called “Affiliate”), must accept and adhere to this Operating Agreement for the Affiliate Program (in hereinafter “Agreement”) without making any changes or modifications to it. By joining our Affiliate program, you agree to this Agreement.
1. Description of the Affiliate Program
The Affiliate Program allows you to monetize and earn some income from your social media profile or website or online software applications (your “website”), through the use of links to www.ynsitu.com. Such links must properly use the special “tagged” link formats (“Special Links”) that we provide and comply with the provisions of this Agreement.
When our customers click on a Special Link to book an online or overseas training program offered by Ynsitu, you will be able to receive commission from the program on qualified and eligible purchases.
In order to facilitate the advertising of these courses and services, we may provide and make available to you data, images, text, link formats, widgets, links, marketing content and other linking tools, program application interfaces and any other information related to the Affiliate Program.
2. Responsibilities and obligations of Ynsitu
YNSITU will be responsible for providing support and answering all the questions of the clients referred by the AFFILIATE who are, at all times, YNSITU clients.
YNSITU assumes the tasks of management and measurement of the commissions generated by the AFFILIATE, in accordance with the provisions of this contract, providing an information system of the results of the program to the AFFILIATE. YNSITU will collect and pay directly to the AFFILIATE all the amounts owed in application of this contract, according to the modalities described below. YNSITU authorizes the AFFILIATE to install on its website those Contents with links to the YNSITU website that it deems appropriate. YNSITU does not make any promises, nor can it guarantee or assure, that the operation on its website will not be interrupted or error-free in any case, so it will not be responsible for the consequences of any interruption or error. Nor is it responsible for failures in the services, loss of data in the information processing systems or failures in the security systems. YNSITU may conclude this contract with the affiliate unilaterally at any time, having to pay all amounts legitimately owed to the AFFILIATE.
3. Responsibilities and obligations of the Affiliate
The AFFILIATE may offer the language immersion programs abroad that the YNSITU partner schools offer through the platform www.ynsitu.com. The AFFILIATE guarantees that the information provided to YNSITU about him/her is truthful and accurate. The AFFILIATE must immediately notify YNSITU of any change in the information. The AFFILIATE may not use any content that in any way could be considered denigrating, misleading, obscene or negative for YNSITU, which will cause the automatic termination of this contract and will lose the right to any pending and/or future remuneration. YNSITU is not responsible for any commitment made by the AFFILIATE with end customers. The AFFILIATE undertakes not to use the image of YNSITU on pages whose content, by way of example and not limitation: is constitutive of a crime; incites or promotes criminal actions or actions against the Law, morality and/or public order, or makes available or allows access to services aimed at their perpetration; includes violent, pornographic, racist or discriminatory content; or infringes the regulations of intellectual or industrial property and secrecy of communications. The AFFILIATE commits to the correct use of the image and information provided by YNSITU, not being able to use it for purposes other than those indicated in this contract. The AFFILIATE is prohibited from making use of the trademarks and graphic elements belonging to YNSITU for any other use than that provided within the framework of the Affiliate Program. It is forbidden for the AFFILIATE to use techniques that allow him to claim the functions or content of YNSITU. The AFFILIATE will be legally responsible for any action undertaken by him and that causes any damage to YNSITU.
YNSITU will pay the AFFILIATE the amounts resulting from applying a percentage of 5% to purchases made on the YNSITU platform by customers referenced with the AFFILIATE code. Payments are made within a maximum period of 15 days after full payment of the services contracted by the referred client, by Paypal. YNSITU will only make payments if the amount owed exceeds €50, in case of not reaching said amount, it will be accumulated until reaching said amount. The AFFILIATE will be discounted only for those services that YNSITU has charged, in the event that YNSITU had a cancellation with the right to a refund after having paid the AFFILIATE the corresponding amounts of a reservation, this will be discounted in the next discount.
5. Confidentiality and data protection
The parties will not disclose, without the prior written consent of the other party, nor will they allow it to be disclosed to any third party, information to which they have accessed thanks to the contractual relations regulated in this agreement. The data of the AFFILIATE will be incorporated into an automated personal data file for which Language Republic S.L. is responsible. (YNSITU) to manage the business relationship. The user is informed of his right of access, rectification, cancellation and, where appropriate, opposition in accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data and other regulations applicable to the user. effect, which you can exercise by email at the email address email@example.com
6. Modifications of the agreement
YNSITU may modify any of the conditions of the Affiliate Program, at any time giving prior 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 liking of the AFFILIATE, he has the right to cancel this agreement, without prejudice to the amounts accumulated up to that moment. The continuation of the AFFILIATE’s participation in the Affiliate Program, after a notice of changes or a new agreement provided in our Portal, implies acceptance of the changes introduced.
7. Limitation of liability
In no case will YNSITU, including its shareholders, directors, executives, employees, collaborators, authors and subcontractors, be held liable, before the AFFILIATE or before third parties, for any indirect, incidental, special, punitive or exemplary damage, including not limiting any loss of profit or any other economic loss related to this contract.
8. Duration of the contract
The contract between YNSITU and the AFFILIATE begins at the moment of acceptance of these conditions and ends by decision of either of the two parties without the need to present cause or justification. The party that wishes to cancel the contract will notify via email its decision to terminate this contract. At the end of the contract, YNSITU will regularize and pay up to date the commissions made by the AFFILIATE, even if they are less than €50. YNSITU will not regularize or pay those commissions that have been generated fraudulently or with the generation of incidences in the payments and reserves the right to determine what these commissions are and what the causes for which they are considered fraudulent or with incidence.
The AFFILIATE may not totally or partially assign or encumber their rights or obligations derived from this Agreement in favor of third parties without the prior written consent of YNSITU.
10. Applicable legislation and competent courts
For any litigious issue regarding this commercial contract, the parties submit to the Spanish legislation in force at the time of the litigation in question, making special mention of the provisions of the Commercial Code, Civil Code and last resort in commercial uses. In the same way, both parties expressly submit to the Courts and Tribunals of Zaragoza, Spain, expressly waiving any other forum that may be competent due to the matter or the amount, guaranteeing the recognition and full compliance with the judicial resolution. firm, regardless of whether it should be executed in another State. However, both parties undertake to enter into prior negotiations aimed at achieving an amicable solution to the dispute.