Terms and Conditions of Service
1. Advantages of being an Affiliate
Online Global Applications, S.L (hereinafter, our/the “Company”) is pleased to announce that everyone can now join its Affiliate and Partner Program (hereinafter “Affiliate Program”). Be eligible for being part of our community by submitting a simple application form.
By being part of the Company’s Affiliate Program, Affiliates and/or Partners can benefit from partnering with one of the leading visa and travel document processors (hereinafter the “Services”) in the market. By promoting the Company’s Services you can receive an attractive Affiliate commission.
Here the Affiliate and/or Partner will find the applicable conditions to our Affiliate Program (the “Terms and Conditions of Service”) and the instructions to enroll in our Affiliate Program. The Company reserves the right to update and modify the content of these Terms any time without prior notice needed for its effectiveness, being applicable immediately.
2. Enrollment in the Affiliate Program
Step 1. Complete the application form
If you want to become an Affiliate and/or Partner, you just need to complete and submit our website’s application form. The application form must be completed with real, accurate and truthful data. The only data required is what is necessary for the Company to assess if you are eligible to be our Affiliate and/or Partner, and to contact you to start the collaboration with our Company.
Note that a mandatory requirement to complete the application form is that the Affiliate and/or Partner must be of legal age according to their birth or residence country laws and regulations.
Step 2. Acceptance of the Terms and Conditions of Service
In order to submit an application to join our Program, you must accept these Terms. By accepting them, you declare that you have read and accepted these Terms and agree to abide by them, in the event of being admitted as our Affiliate. In this regard, you are reminded that the status of Affiliate and/or Partner is personal and non-transferable.
Step 3. Company’s approval
The Company will carefully review, assess and validate each application received according to its internal eligibility requirements. The Company will communicate in writing the result (approval or denial) of the Affiliate and/or Partner’s application.
The Company reserves the right to approve or reject an application to participate in the Affiliate Program without having to provide the reasons behind.
2.2. Access to the Affiliate Program “Account” area
Once the Company has approved the Affiliate and/or Partner’s application, it will send them a welcome confirmation email and they will now be officially part of our community.
Then, the Affiliate and/or Partner will receive their credentials in order to successfully access their personal “Account” area within the Affiliate Program. Please note that if the Affiliate and/or Partner desires to rectify any data of their personal “Account” must notify the Company in writing to email@example.com.
For any modifications concerning changes within the personal data that is established in their “Account” area, or changes due to personal circumstances, the Affiliate and/or Partner must send an email to the following address: firstname.lastname@example.org.
2.3. Approved Channels
When filling in the application form, the Affiliate and/or Partner must specify the channels in which they wish to carry out the Services to be approved by the Company. At the time of approving the participation in the Affiliate Program, the Affiliate and/or Partner will receive confirmation of the Approved Channels.
If the Approved Channels change, the Affiliate and/or Partner must notify the Company for a new authorization, keeping the right to disqualify the Approved Channel if the Company determines that it no longer meets the requirements of these Terms and Conditions of Service, or is otherwise no longer suitable for posting the Services.
The Company will not approve telemarketing, text messaging or SMS marketing as an Approved Channel.
The Affiliate and/or Partner undertakes that the Company will not be held responsible if they publish the Services on third party websites or social media, nor for the content of such third party websites, nor if the publishing is carried out within the Affiliate and/or Partner’s own website or social media. Under any circumstance the Company will be liable for posting, publishing and promoting the Services, by the Affiliate and or Parter, in communication channels rather than those from the Company’s sole ownership and titularity.
The Affiliate and or Partner acknowledges that they must comply with and that they are bound to third party policies once they publish and promote the Services entrusted in such third parties media channels or websites. The Company will not be held liable for any infringement, including intellectual property infringement, of said third party policies by the Affiliate and/or partner.
2.4. Information and Documents
The Company will provide the Affiliate and/or Partner with instructions, guidelines and materials for Affiliates and/or Partners to promote the Services. The Affiliate and/or Partner shall maintain complete secrecy regarding the content of the participation in the Affiliate Program and operational and business related information provided by the Company to correctly carry out the Services (“Confidential Information”). This obligation shall remain in force even after the end of the collaboration relationship.
3. Responsibilities of the Affiliates and/or Partner
The Affiliate and/or Partner commits to:
- Promote and publish the Services within third party media channels or websites, as well as in their own websites, if applicable, according to these Terms and Conditions of Service and to applicable laws and regulations
- Promote the Services according to the Company’s instructions and exclusively using the Company’s materials, therefore no modifications are allowed. A minimum standard of quality in order to perform the Services is required. If such a standard is not complied with, the Company will be fully entitled to immediately terminate the commercial relationship with the Affiliate and/or Partner
- Not to subcontract, nor totally or partially, the entrusted Services. Failure to comply with such obligation shall be cause for automatic termination of these Terms and Conditions of Service, without granting the Affiliate and/or Partner the right to claim for compensation of any kind from the Company
- Communicate to the Company, by means of email, whatever circumstance (planned or unexpected) that may affect the correct provision of the Promotion Services
- Not to share with third parties their credentials and personal information in regards to registering to the Affiliate Program
- Not to infringe or use the Company’s intellectual property, including but not limited to trade names, trademarks and domains owned by the Company for personal and/or commercial purposes rather than for the uses herein permitted in connection with the Services. Likewise, the Affiliate and/or Partner agrees not to infringe or contribute to a third party to use, unlawfully and without authorization/license, the intellectual property of the Company. If the Affiliate and/or Partner is aware that a third party is infringing the intellectual and industrial property rights of the Company they shall immediately inform the Company in writing.
4. Qualifying sales, affiliate commission and payment
4.1. Qualifying Sales
The Company will only pay for Qualified sales. Only sales that meet entirely the following requirements will qualify as Qualified (“Qualifying Sales”):
- They must be real and made by a real user. Those transactions made through the use of bots or other fraudulent systems shall not qualify.
- Note: Each sale made by a user through the promoted Services by an Affiliate and/or Partner shall be the object of payment. Duplicate sales made erroneously by a user will count as a single sale, therefore only an affiliate commission will be paid to the Affiliate and/or Partner.
- When the user’s chosen electronic travel authorization (visa) has been duly processed, meaning that the user has received their visa approved by the Government. If the visa is denied by the Government it will not be a Qualifying Sale.
- Those purchases made by users that entail a refund, either full or partial, shall not qualify as payment to the Affiliate and/or Partner, as well as those sales that terminate with a chargeback by the user.
The Affiliates and/or Partners will receive a commission consisting of twenty percent (20%) applicable to each one of the Qualifying Sales, after deducting applicable taxes and costs if applicable (the “Affiliate Commission”).
The payment of the Affiliate Commission will be subject to previous internal validation and acceptance of the Qualifying Sales by the Company, and will be issued and confirmed to the Affiliate and/or Partner by means of a payment receipt.
The Company has a tracking platform for counting sales and each Affiliate and/or Partner will have an ID number assigned for billing purposes. The Company will notify the Affiliate and/or Partner the commissions to be paid.
The payment of the Affiliate Commission, once approved by the Company as a Qualifying Sale, reflected in the received payment receipt shall be made under the following terms and conditions:
- The currency of the payment will be made in Euros (€), by means of bank transfer. For this purpose, at the time the Affiliate and/or Partner joins our Affiliate Program, the Affiliate and/or
- Partner shall provide us with the beneficiary name, the bank, the IBAN and SWIFT/BIC numbers.
- The Affiliate and/or Partner shall be responsible for the applicable taxes based on their fiscal residence and circumstances. In addition, we may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable under the Affiliates Program. To this end, we reserve the right to request tax information from the Affiliate and/or
- Partner and, and to suspend payments upon receipt, as well as any applicable remedies to ensure that we comply with applicable law.
The Affiliate and/or Partner will notify the Company about whatever issues arise regarding the payment receipt to the following email address: email@example.com.
5. Affiliate Program Restrictions
In any case, when the Affiliate and/or Partner carries out the promotion of the Company’s Services, they shall act in accordance with the following:
- The incorrect and harmful promotion of the Company’s Services and anything that is contrary to good advertising practices and conduct shall be grounds for revocation of Affiliate and/or Partner status
- The promotion of the Services can only be carried out through the Affiliate and/or Partner’s authorized pages by the Company. Affiliates and/or Partners may not use any tracking links derived from the tools in any other advertising spaces that they own (e.g., banners, textlinks or widgets)
- It is forbidden to post the Affiliate and/or Partner links on our social media or any other Company’s social media account or page in an effort to convert those links into affiliate sales, unless otherwise agreed by the Company in writing
- It is prohibited to use materials other than those provided by the Company by the Affiliate and/or Partner for anything other than promotional purposes
- Affiliates and/or Partners are prohibited from creating a social media account that includes our trademark in the page name and/or username
- It is prohibited to carry out activities outside the scope of the promotion, specially, the Affiliate and/or Partner agrees that they will not bid on keywords containing “online visa”, “online global applications”, or “Online Global Applications, S.L.” or the Company’s trademarks in Internet’s Search Engine Marketing or Search Engine optimization, nor purchase domain names or trademarks or doing any activity that may divert traffic away from the Company’s site
- The Affiliates and/or Partner shall not use paid search activities, including ad text, text display URLs or any type of linking nor send traffic through automatic redirects from a page on a website, this will also include any variants such as hidden text or source code, domains or subdomain of the Affiliate and/or Partner
- Affiliates and/or partners are prohibited from designing sites that are misleading or may imply that they are endorsed by the Company
- The Affiliates and/or Partner cannot promote the Services using materials other than those provided by the Company (it is expressly prohibited to send PDFs and ebooks)
It is of utmost importance to keep in mind that the Company reserves the right to suspend the Affiliate and/or Partner’s access to its account and, in addition, terminate the commercial relationship with the Affiliate and/or Partner at any time, and without notice, they infringe the present Terms and Conditions of Service and/or according to business interests.
6. Revocation of Affiliate and/or Partner status
The Company may, in its sole discretion, temporarily or permanently, revoke the Affiliate and/or Partner status in the following cases:
- Breach these Terms and Conditions of Service, specially the Intellectual Property right section
- Inappropriate advertisements/promotions. As a way of example: false claims or misleading hyperlinks or advertising on sites that contain or that promote illegal activities or promotion of sexually explicit materials
- Inappropriate treatment of the Clients. As a way of example, spamming, mass newsgroup posting, abuse to Clients including threats or improper vocabulary
- The residence of the Affiliate and/or Partner is in certain countries
The Company will be held harmless by the Affiliate and/or Partner against any breach of: (i) these Terms and Conditions of Service, whether they are caused by negligent act, misconduct or intentional acts or omissions, and; (ii) applicable laws and regulations or codes of conduct. In such cases the Company will be entitled to seek appropriate compensation.
The Affiliate and/or Partner warrants that the Approved Channels belong solely to them and that third parties do not have any access to the Approved Channels.
These Terms and Conditions of Service shall enter into force on the day in which the Company communicates by writing to the Affiliate and/or Partner of their admission to the Affiliate Program and shall remain in force indefinitely, unless one of the parties notifies its will to terminate according to the established in clause “Termination” of the present Terms and Conditions of Service.
The relationship between the Company and the Affiliate and/or Partner will terminate if one of the following circumstances arises:
- By the Company’s unilateral decision at any time, according to business interests and strategies, and without need to provide any justification, by written notice to the Affiliate and/or Partner
- By the Company’s unilateral decision at any time, if it believes that our brand or reputation may be tarnished by the Affiliate and/or Partner, and without need to provide any justification, by written notice to the Affiliate and/or Partner
- By the Affiliate and/or Partner’s unilateral decision at any time, and without need to provide any justification, by written notice to the Company within a minimum notice period of fifteen (15) working days
- A breach regarding the compliance of the obligation to non subcontract the entrusted Services will be a cause for the automatic termination of these Terms and Conditions of Service, without granting the Affiliate and/or Partner the right to claim any kind of compensation to the Company
- A breach regarding the compliance of whatever obligations and duties established in the present Terms and Conditions of Service, and in particular, a breach of the obligations and duties specified in clauses “Responsibilities of the Affiliates”, “Revocation of Affiliate Status”, “Program Restrictions and Approved Channels”, “Limitation of Liability” and “Intellectual Property” will be a cause for the automatic termination of these Terms and Conditions of Service, without granting the Affiliate and/or Partner the right to claim any kind of compensation to the Company
- By the Company’s unilateral decision at any time, if the Company has certain belief that it might face potential claims or liability in connection with the Services rendered by the Affiliate and/or Partner, or if the Affiliate and/or Partner engages deceptive, fraudulent or illegal activities in connection with the Services entrusted
Upon termination, the Company will proceed to suspend the Affiliate and/or Partner’s account immediately, without notice needed.
Moreover, upon termination, the Affiliate and/or Partner commits to delete from any information system where it was stored and/or downloaded, all Confidential Information provided to the Affiliate and/or Partner by the Company related to the Services, including all materials and instructions provided by the Company.
Upon termination of the relationship between the Company and Affiliate and/or Partner, all licenses granted in connection with the entrusted Services will be extinguished. No termination of these Terms and Conditions of Service will relieve either party of any liability for any breach of, or liability accruing under, these Terms and Conditions of Service prior to termination.
10. Third party links
Furthermore, the Company’s website may contain icons and/or links that redirect users to websites of third parties. In this sense, please note that these third party websites are not operated by us, so we can not assume any responsibility for the information and content provided on them and/or the correct provision of the functionalities and/or services offered by these third parties, since we have no control over this. These third party websites are bound by their own Cookie and Privacy Policies.
The Affiliate Program, the Company’s site and all services, special links (regardless of the format), content, APIs, data feed, trademarks, logos, domain names and all technology and IP (the “Content”) are provided on “AS IS” and “AS AVAILABLE” basis, except as specially provided to the contrary in the Affiliate and/or Partner specific conditions. The Company nor any of our affiliates or licensors make any representations or warranties to the Affiliate and/or Partner concerning the specific quality of any Services or with any kind with respect to the Content. The Affiliate and/or Partner disclaims, without limitation, any type of warranty or guarantee of merchantability for a particular purpose arising from these Terms and Conditions of Service.
12. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect or consequential damages, arising from or in connection with these Terms and Conditions of Services or the Affiliate Program, even if the possibility of such damages was brought to the Company’s attention. This includes, without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss, whether or not the Affiliate and/or Partner has been advised of the possibility of such damages.
Likewise, the Company acknowledges that the Affiliate and/or Partner will make use of platforms owned by third parties in order to promote the Company’s Services. The Company does not control, endorse or adopt any third party content and shall have no responsibility or liability for any third party content, including, without limitation, material that may be misleading, incomplete, inaccurate, offensive, indecent or otherwise objectionable, nor interruption, delay or imperfection of the platforms. Further, Affiliate and/or Partner dealings or correspondence with such third parties are solely between the Affiliate and/or Partner and the third parties. We are not responsible for any loss or damage of any sort incurred as the result of any such dealings, and the Affiliate and/or Partner understands that their use of third party content and their interactions with third parties are at their own risk. For this reason, the Affiliate and/or Partner should review the particular policies that these third parties use and assert against them any claims they may have for consequences arising from its use.
13. Intellectual Property
The Company grants to the Affiliate and/or Partner a free and worldwide license, exclusively in connection with the Services entrusted, in order to reproduce, distribute and to publicly communicate the materials handled in by the Company to the Affiliate and/or Partner so that they can promote the Services, including trademarks when necessary, domain names and copyrighted content. Such a license is granted until the commercial relationship is terminated. At the expense of the above mentioned exploitation rights, the Company will be the sole owner of the corresponding moral and exploitation rights.
In this sense, the Affiliate and/or Partner acknowledges that the Company has all intellectual property rights, including the rights to install, store, load, execute, display, reproduce, and transform.
The Affiliate and/or Partner ensures the Company that they will not infringe the Company’s intellectual property rights, nor even those from third parties rights while developing the entrusted Services, and that they will comply with all applicable laws and regulations. If the Affiliate and/or Partner breaches any third party rights or policies, including intellectual property rights while carrying out the Services, they will be solely responsible to third parties for any direct, indirect, incidental, negligent damage caused due to any act solely attributable to them in this respect.
The Affiliate and/or Partner commits to pay an appropriate monetary compensation to the Company for infringing its intellectual property rights, whether the infringement has been carried out due to willful misconduct or negligence, as well as the Company reserves its right to seek for all appropriate deemed legal actions. Both the Company and the Affiliate and/or Partner agree that the amount of the compensation cannot be determined by the Company to date, and that therefore it will be duly determined in accordance with the applicable legislation to this Agreement once it occurs.
14. Data Protection
15.1. Specific contractual conditions: The Company reserves the right to establish specific conditions with the Affiliate and/or Partner. In such a case, the Company and the Affiliate and/or Partner will sign the corresponding service provision contract to formalize the extension and/or modification of the conditions set out in these Terms, which the Company decides to establish with the Affiliate.
15.2. Relationship between the Parties: The Affiliate and/or Partner is an independent contractor of the Company and nothing contained in these Terms and Conditions of Service shall be construed to create any association, partnership, joint venture employee or agency relationship between the Company and the Affiliate and/or Partner. Please note that, in the case of willing to establish a Partnership which may vary from what herein stated, contact the following email address: firstname.lastname@example.org.
15.3. Severability and Non-Waiver: The nullity, total or partial, of any of the provisions of these Terms and Conditions of Service, will not affect the validity of the other provisions.The non-exercise by the Company of any right provided or derived from these Terms and Conditions of Service shall not be construed, under any circumstances, as a waiver of said right, unless expressly and in writing waived by our Company or legal prescription of the action that in each case corresponds according to the applicable current legislation.
16. Governing Law and Dispute resolution
These Terms and Conditions of Service shall be governed by and construed in accordance with the currently applicable Spanish law.
In case of controversy or disagreement between the Affiliate and/or Partner and the Company arising from these Terms and Conditions of Service, both parties agree to submit their resolution, and expressly waiving any other jurisdiction to which they may be entitled, to the competent Courts and Tribunals of Barcelona.