Terms and conditions
To be an authorised Kave Home affiliate, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Kave Home platform as an affiliate. By registering for the Kave Home affiliate programme, you indicate that you accept this agreement and its terms and conditions.
- You as the affiliate (hereinafter, once accepted by Kave Home, the "Affiliate"), and
- KAVE HOME SL, whose registered office is at c / Tallers 14, Pol. Ind. Bosc d'en Cuca, 17410 Sils, Girona (hereinafter, “KAVE HOME”).
Hereinafter, the Affiliate and KAVE HOME will be collectively referred to as the “Parties” and each of them as a “Party”.
- KAVE HOME has developed and operates a service that allows the Affiliate to receive potential remuneration by including a series of content, determined by KAVE HOME, on their website or social network provided that all the obligations and conditions indicated in this contract are met.
- That the Affiliate wishes to participate and KAVE HOME may wish the Affiliate to participate (if he/she later accepts) in the affiliate programme, Kave Home authorises the the Affiliate to insert content with links to the Kave Home website, on the website of the Affiliate.
In the context of this contract, the following terms shall have the following meaning:
1.1 "Content" advertising material (links, banners, etc.) available on the Platform, the implementation of which on the Affiliate's Website is authorised by this contract.
1.2 "Click" refers to a user accessing a link found on the Affiliate's Website that redirects to the Kave Home Website.
1.3 "Lead" refers to an act performed by the user logged into the Kave Home Website and through the link displayed on the Affiliate's Website, such as registering a new user.
1.4 " Kave Home Website " is www.kavehome.com
1.5 “Affiliate Website”: website or social network accounts owned by an Affiliate that has been communicated to KAVE HOME and accepted by them during the Affiliate's registration process in the system.
1.6 "Platform" is the interface of the Kave Home member space in which the Affiliates, once registered and accepted by Kave Home, will have access to view the Content.
1.7 "Traffic" is a term that includes clicks, leads and validated transactions / sales.
1.8 "Artificial traffic" is a term that includes the clicks, leads and invalidated transactions / sales, which could come (for example and without limitation) from automatic opening, spiders, robots, requests via email or discussion forums, generators of scripts, of positioning of links on other websites than those that have been accepted by KAVE HOME, and of clicks not generated by a browser, of clicks from an active intervention of a Visitor who wishes to reach a certain level of the website.
1.9 "Transaction/sale" refers to the purchase of a product or service proposed on the Affiliate's Website, concluded with a user logged into the Kave Home Website and that proceeds from a link that appeared on the Affiliate's Website.
1.10 "Visitor" refers to any person who clicks on a link located on the Affiliate Website and thus connects to the Kave Home Website.
Words used in the masculine include the feminine and other genders, and words used in the singular include the plural and the reverse.
2.1 The purpose of this contract is to regulate the conditions of the collaboration between KAVE HOME and those registered users who have accepted the terms and conditions of this contract, wish to be affiliates and have been accepted by KAVE HOME to become one (the "Affiliates").
2.2 Through this contract, and once the Affiliate has been authorised by Kave Home to participate in the affiliate programme, KAVE HOME authorises the Affiliate to install content on the Affiliate's Website with links to the Kave Home Website.
2.3 KAVE HOME shall notify the applicant of admission or non-admission to the affiliate programme by e-mail.
2.4 The Affiliate is free to decide whether or not to insert the Content on the Affiliate Site.
3. Affiliate Obligations
3.1 Minors : if the Affiliate is an individual, they must be over 18 years of age. If the Affiliate is not of legal age, one of his or her parents must give their consent when he or she registers in the KAVE HOME network. In the event that a minor affiliate is registered without the prior agreement of their parents, the contract will be considered null and void.
3.2 Guarantee of veracity: the Affiliate guarantees that all the information provided to Kave Home is truthful and accurate. The Affiliate must immediately inform KAVE HOME of any modification of the information provided. Said modification must be made at the following email address: email@example.com.
3.3 Legal persons : if the Affiliate is a legal entity, they must communicate to KAVE HOME the full business name of their company, their Tax Identification Code, their tax and commercial address (if they are different) and their VAT number.
3.4 Responsibility for correct implementation and operation: The Affiliate is responsible for the correct functioning of the Affiliate Website and its content and will ensure that it always complies with all aapplicable laws and regulations. The Affiliate will also be responsible for the implementation, commissioning and maintenance of the Content on the Affiliate's Website.
3.5 Obligation not to modify : the Affiliate may not modify in any way the appearance of the Content included in the Platform or post them to any other place than the webpage and social networks of the affiliate. Likewise, the Affiliate may not use the Content in a way that affects or could negatively affect the image of KAVE HOME.
3.6 Intellectual and Industrial Property: the Affiliate guarantees that (i) it is the owner of the rights to all the information and contents of the Affiliate's Website or, where appropriate, that (ii) the owner of the information and contents of the Affiliate’s Website has given their express consent for its publication on the Affiliate Website. The Affiliate also guarantees that the information and publications made on the Affiliate's Website do not infringe any industrial or intellectual property rights, and that its content is not abusive, illegal, denigrating, misleading, obscene, racist or discriminatory.
3.7 Prohibition of artificial traffic: the Affiliate agrees not to generate or contribute to generating simulated traffic on his/her web page/s through the use of any automatic traffic generation mechanism.
3.8 Indemnification : the Affiliate will hold KAVE HOME harmless from any responsibilities, proceedings, costs, damages, losses or expenses incurred by KAVE HOME (including legal representation expenses) in relation to the contents or operation of the Affiliate Website, the misuse of the Contents, any incorrect information that the Affiliate has provided to Kave Home, any other breach of this Agreement or any negligent or unlawful act carried out by the Affiliate.
3.9 Notification in case of breach: the Affiliate must immediately notify KAVE HOME of any improper or illicit use that is being made (or is suspected of being made) of the Content from the Affiliate's Website to the KAVE HOME Website .
4.1 KAVE HOME will remunerate the Affiliate with a commission calculated on the basis of the cost of transactions generated through the Content placed on the Partner's Website (excluding taxes and shipping or assembly costs).
4.2 Affiliates can also receive the additional remuneration that is indicated at all times on the platform.
4.3 For the payment of the remuneration, it is essential that KAVE HOME verifies in advance that the records and/or transactions carried out are valid.
4.4 KAVE HOME gives each Partner access, via their private area of the Platform, to the programme activity report which describes the transactions carried out on the KAVE HOME website via the Partner Website, and calculates the amount of remuneration to be paid by KAVE HOME to the Partner.
4.5 The Affiliate agrees to use the self-billing method, which means that KAVE HOME will issue an invoice in the name of the Affiliate. The invoice will include any applicable taxes and withholding taxes.
4.6 The Affiliate is obliged to comply with the applicable tax regulations and to provide KAVE HOME with all tax documents required by KAVE HOME for this purpose.
4.7 The payment of the potential remuneration to the Affiliate will be made on a monthly basis. All payments will be calculated on the total valid traffic generated until the end of the month preceding the month in which the payment occurs. In any case, the payment of the remuneration for the transactions generated by the purchase of products by users may not be made before the end of the period established by law for the return of said products.
4.8 The accumulated amounts do not bear interest. The affiliate's payment will be made directly to the affiliate's bank account, the details of which must be indicated by the Affiliate in his or her private area within the Platform.
5.Independence of the Parties
5.1 The signing of this contract does not in any way imply the creation of an employment relationship between KAVE HOME and the Affiliate, nor does it imply the creation of a company, association, commercial agency, branch or representation of any similar type of relationship between the parties, conferring no authorisation whatsoever to the Collaborator to act on behalf of or as a representative or agent of KAVE HOME.
5.2 The Collaborator is responsible for punctually and fully satisfying all the tax, labour and Social Security obligations that may be required of him or her.
6.Limits of liability of KAVE HOME
6.1 KAVE HOME declines any responsibility in the case of damages or losses suffered by the Affiliate in the development of this contract, except if such damages are a direct consequence of the gross negligence or exclusive intent of KAVE HOME. In any case, KAVE HOME will not be responsible for the expenses of legal representation that the Affiliate decides to hire.
6.2 KAVE HOME will not be responsible for service defects, service access interruptions, data loss in the information processing system, defects due to the security system or viruses or other components of the service, measurement software and/or another affiliate website. KAVE HOME declines any responsibility in case of error regarding the setting up of the links on the affiliate's website or the specific operation of these links.
7.Duration and termination of the contract
7.1 This Agreement will have an initial duration of one year, counting from the date of acceptance of the Affiliate by KAVE HOME, and may be renewed for successive periods of equal duration, unless one of the Parties denounces it by written notification. referred to the other Party. Said communication may be made by email, regular mail or through the Platform.
7.2 KAVE HOME has the right to terminate this contract and/or suspend the Affiliate's access to the KAVE HOME affiliation service, without prejudice to the right to compensation for damages that may correspond, when:
7.3 KAVE HOME considers the Affiliate and/or the content of the Affiliate Website to be inappropriate.
7.4 The Affiliate acts fraudulently or illegally or generates or attempts to generate Simulated Traffic to the Kave Home Website or otherwise breaches any provision of this Agreement;
7.5.The Affiliate has not generated Traffic for a period of two (2) months.
7.6 In the event of resolution by either party, the Affiliate must immediately stop using the Contents and remove them from the Affiliate's Website.
7.7 If the contract is terminated by one of the parties, KAVE HOME will pay any outstanding amount within 30 days of the contract termination date. The Affiliate shall not be entitled to receive any remuneration in the event that the Contract has been terminated as a result of the Affiliate's breach of the obligations provided for in this Contract.
8.1 The Parties agree to keep this Agreement, its subject matter, terms and conditions and the documents and information derived from or related to it confidential and may not (i) disclose any aspect of it to any third party other than those who are members of its governing body or senior management or who are professionally involved in the negotiation as legal, accounting, financial or other specialist advisors, unless required to do so by any regulatory, inspection or supervisory body or judicial body or (ii) use it for any purpose other than as expressly set out in this Agreement.
8.1 The confidentiality agreement will continue to be in effect after this contract has ended.
9.1 The Affiliate may not assign all or part of their rights and obligations of this contract, or consent to any right over this contract to a third party unless prior written agreement by KAVE HOME.
KAVE HOME may assign its rights and obligations under this contract to any third party.
9.2 Kave Home may assign all or part of its rights and obligations in the present contract to any third party.
10.Relationship between the Parties
10.1 Each party will be considered an independent contractor with respect to the object of law of this agreement, and nothing in this agreement will be considered or construed in any way as creating a partnership, joint venture, employment, employment relationship, agent or other similar relationship.
10.2 This Contract constitutes the complete agreement between the parties on the object thereof and replaces all previous contracts, agreements, pacts and/or commitments (verbal or written) existing between them.
11.Intellectual Property Rights
As a result of the signing of this agreement, the Affiliate does not acquire any right or license to the intellectual property of KAVE HOME or its technology provider, except for the right to install links on the Affiliate's Website in accordance with the provisions of this agreement.
12.1. In compliance with the provisions of the General Data Protection Regulation (EU) 2016/679, KAVE HOME, acting as the data controller, will process the personal data that the Affiliate communicates through the Platform.
12.2. The purpose of the processing, as well as its legal basis, is the maintenance, development, fulfilment and control of the rights and obligations arising from this Contract. The processing is strictly necessary for this purpose. The data will be retained for the entire duration of the Contract and for the time necessary to fulfil the legal and contractual obligations related to the execution of the Contract. The data will only be processed by KAVE HOME and by those third parties to whom the Parties are legally or contractually obliged to communicate them (such as third party service providers to whom a service has been entrusted in connection with the management or execution of the Contract).
12.3. The use of the Platform and the Content by the Affiliate after the fifteen (15) days provided for in section 13.1 shall signify the Affiliate's acceptance of the new terms and conditions.
12.4 Furthermore, the Affiliate consents to the necessary transfer of personal data to the international servers of the service providers, the sole purpose being the storage of the data on the servers for the purpose of fulfilling the object of this Agreement. In any case, all international transfers shall be carried out on the basis of Standard Contractual Clauses (SCT).
12.5 The Affiliate may exercise their rights to request access to their personal data, rectification, deletion, restriction of processing, portability of their data, a12.as well as their right to object to the processing, by sending a written communication to KAVE HOME at firstname.lastname@example.org. Data subjects may also lodge a complaint with the competent data protection authority.
13.Modification of the contract
13.1. The Affiliate is informed that the contract may be subject to modifications at any time by KAVE HOME and is regularly invited to visit the Platform to be aware of any modifications. The online version of the Contract that appears on the Platform will prevail, in case of discrepancy, over any other version and will be applicable to the Affiliate (regardless of the date of initial contracting by the Affiliate) fifteen (15) days after publication of the new version of the contract on the Platform.
13.2. The Affiliate is free to reject the new contractual conditions, in which case they must communicate his/her wish to terminate the contract by following the instructions set out in clause 7 (Duration and termination of the contract).
13.3. The use of the Platform and the Content by the Affiliate after the fifteen (15) days provided for in section 13.1 shall signify the Affiliate's acceptance of the new terms and conditions.
The declaration of nullity or invalidity of any clause of this contract will not affect the validity and effectiveness of any other clauses.
15. Applicable law and competent jurisdiction
Any litigious issue regarding the present contract will be subject to the common Spanish legislation. Both parties expressly submit to the Courts and Tribunals of Girona (Spain), expressly waiving any other forum that may be competent.
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