This is an Agreement between FloraQueen Flowering the World S.L. (FloraQueen), with statutory address in Sant Just Desvern, c/ Frederic Mompou, nº 3, 7º B, recorded in the Companies Registry of Barcelona, sheet number B- 290474, with Tax Identification B-63609051, and You (YOU or YOUR). By checking the box “I have read and accept the Terms and Conditions” in the sign up process you agree to this Affiliate Agreement.
The parties agree to cooperate, where You will promote FloraQueen’s brand, products, images, text links and / or banners on Your web site, according to FloraQueen guide lines set forth in this agreement and in the Affiliate emails.
You must be an individual who is at least 18 years of age or a company, and must provide at Your expense your own computer equipment and Internet access.
FloraQueen may terminate this agreement at any time by giving the other party at least four (4) weeks prior notice of termination. FloraQueen may terminate this agreement immediately and without notice if any of the conditions below have been broken. This agreement stands until terminated.
FloraQueen agrees to provide banners, links, photographs and tracking codes to be used on Your website to promote FloraQueen. Any banner, link or photograph supplied by FloraQueen must link to the FloraQueen website. It is essential to use the tracking codes as provided to track the orders and to pay any relevant commissions. Any errors in the use of the tracking code are Your full responsibility, and FloraQueen will not be responsible to calculate any orders without the use of the tracking codes.
1. Photographs and Banners
You agree to exclusively send all visitors originated from the use of FloraQueen banners, links and/or photographs to FloraQueen. All visitors that click the FloraQueen banners, photographs or images, must not be sent to any other web sites, nor process the visitors or orders Yourself. If You send an order or visitor that originated from a FloraQueen banner, product link or photo to any other party, this will be considered in breach of this agreement and subject to a minimum penalty of 20,000 Euros.
FloraQueen grants the use of banners, photographs and links for Your exclusive use, not to be re-distributed, modified or altered and only whilst this agreement is still active. If You are not using the banner, links or photographs in an appropriate way, FloraQueen reserves the right to request removal off all its banners, product links and photographic images from Your web site within 48 hours.
You agree to provide FloraQueen with valid bank details for the transfer of commissions owed to You. Failure to provide this information will result in commissions not being paid and it is not the responsibility of FloraQueen to acquire this information from you. Any commissions that are due and are more than 6 months old and cannot be paid due to incorrect or missing bank details will be rendered void.
You will receive scaled commissions for every successfully processed and completed order; this does not apply to cancelled, return & refund or incomplete orders.
The scale is based on Your performance and has the following structure:
• Up to 50 sales a month – 10% commission
• Between 50 and 100 sales – 12% commission
• More than 100 sales a month – 13% commission
Payments will be made once a month by bank transfer and the cost of the bank transfer will be deducted from Your commissions. If the total commission is not above 100 Euros the commissions will be held until the following month up to a maximum of 3 months when a transfer will be made.
3. Confidentiality of Information
FloraQueen agrees to keep all customers information confidential and never disclose it to a third party during and after the lifetime of this agreement.
4. FloraQueen’s Intellectual Property
FloraQueen expressly reserves all intellectual and industrial property rights, and all relevant laws governing intellectual property therein protect FloraQueen’s web site and, contents, photographs, banners and any materials used by You. FloraQueen retains all rights available under Spanish law (and any other applicable law) with regard to the source code, graphic design(s), images, photographs, sounds, animated material, software, texts, domain names, trademarks, brands, logos, products and services and any and all other information and content of whatever form or nature contained within and throughout the FloraQueen Site, except to the extent specifically stated otherwise in this Agreement. For the avoidance of any doubt, FloraQueen does not transfer the ownership of its software nor marketing materials to You. Although You might own the computer system in which You save the software or materials, FloraQueen retains all of its industrial and intellectual property rights, including those pertaining to its software and materials.
FloraQueen may modify, in its absolute discretion, the contents of the Site, including its configuration, banners and presentation, without any prior notice to You.
The English version of the present document will be considered ruling version in the case of conflict or discrepancy.
6. Applicable Law and Jurisdiction
This Agreement shall be governed and construed by Spanish Law and the parties hereby irrevocably submit to the jurisdiction of the courts of Barcelona (Spain) in respect of all matters arising under this contract waiving any other jurisdiction or place that may be applicable.