Yoorney Affiliate Program General Terms and Conditions

Yoorney Affiliate Program General Terms and Conditions

Yoorney Affiliate Program General Terms and Conditions

Thank you for your interest in our affiliate program. Accepting all the details of our affiliate agreement.

The following terms and conditions apply to participation in the Yoorney® Affiliate Program. We ask that you read this contract carefully. You will accept these terms and conditions by registering in the "Affiliates" section on our website.

Acceptance of the provisions of this contract is a necessary precondition for the use of the Affiliate Program. If you accept these clauses, you will be considered aware of the rights and duties that derive from the provisions of these terms and conditions.

These terms and conditions will be applied to all agreements and provisions signed with the affiliate by Yoorney® or in the name of the limited company of:

Guideum World S.L
CIF: B76222355
C/Mesa de León, 4
35001 - Palmas de Gran Canaria,las , Las Palmas (España)

General conditions


Article 1 – Object of the contract

The purpose of this contract is the presentation by Yoorney® to the affiliate of the Affiliate Program, which allows the affiliate to charge a commission for transactions made on the Yoorney® website (www.yoorney.com) or on its www subdomains. toursgratis.com, through a link inserted in the affiliate's website.


Article 2 – Ownership

On the one hand, natural or legal persons with enough capacity to do so who own a web page, which will be associated with the Affiliate Program, may be the holders of this contract. The owner, in the case of a legal person, will act through his legal representative with the powers of disposition on his website. From elsewhere,

The holder of this contract is Yoorney®.


Article 3 – Applicable regime

All operations that may be carried out in application of this contract will be governed by what is agreed in it and in its annexes, which the parties declare to know and accept.

The valuation of credits and debits derived from the transactions that are the object of the contract and in accordance with it, will be the one resulting from the applicable regulations on valuation dates in force at all times and communicated by Yoorney®.


Article 4 – Operation of the Affiliate Program

Article 4.1 – Registration and acceptance

4.1.1 Any person who owns a website on the Internet may apply to be appointed as an affiliate of the Yoorney® Affiliate Program. If the member is a natural person, they must be at least 18 years old. If the affiliate has not reached the age of 18, one of her parents must consent to her subscription to the Yoorney® Affiliate Program. The subscription of an affiliate under the age of 18 without parental consent will be null or voidable.

4.1.2 The application for appointment as an Affiliate means that the Affiliate accepts the terms and conditions and agreements to be obeyed by the Affiliate.

4.1.3 In order to be able to participate as an affiliate in the Yoorney® Affiliate Program, the affiliate must:


     Completely fill out the registration form;


     confirm that you accept the general and particular terms and conditions (or annexes);

     be accepted by Yoorney®.


4.1.4 After completely filling out the registration form, the steps for the affiliate candidate to be accepted by Yoorney® are:

a) Yoorney® will confirm the acceptance of the candidate in the Affiliate Program by means of an email with: the affiliate's username; the password associated with it, which you can change; and domains authorized to advertise Yoorney® products.

4.1.5 The affiliate guarantees that the information provided to Yoorney® about himself and his website is true and complete, and that this information corresponds to his current status. (See contract termination)

Article 4.2 – Use.

4.2.1 The Affiliate will not allow any misunderstanding about the fact that it is not the Affiliate, but Yoorney®, who provides the activities.

4.2.2 The affiliate must exclusively use the name and promotional material specially provided by Yoorney®.

4.2.3 Without prejudice to the provisions contained in article 2.2, the affiliate will respect the copyright, the rights derived from the trademark registration and other exclusive rights of Yoorney® and third parties involved.


4.2.3 The provider can modify the commission that it gives to Yoorney@ at any time.

4.2.5 The affiliate will use the content provided by Yoorney® without any change in the


4.2.6 The activities offered on the Yoorney® website could change regularly. The affiliate will guarantee at all times that the terms and conditions of the activities on its website and/or those that may be found in its possession for promotional purposes are identical to the goods and/or services mentioned on the advertiser's website in all


4.2.7 Affiliates may not use materials supplied for actions and/or conducts that violate applicable legislation or these terms and conditions. This will include, but is not limited to, the following actions and conduct:

• Sending large amounts of unsolicited emails with identical content; • Breach of copyright in those matters protected by it, or, if not, violating the intellectual property rights of third parties involved; • Deception of third parties involved; • Misuse of Yoorney® texts, logos or information.

4.2.8 For the direct offer of remuneration or advantages of any kind to consumers for carrying out transactions with Yoorney®, it will be necessary for the affiliate to communicate said offer to Yoorney®.

4.2.9 Among other things, the content of the affiliate's website may not: • Assume illegal activities, or promote or incite them to engage in them; • Harm the good name and reputation of Yoorney®; • Violate the copyright, trademark rights or other rights of Yoorney® or third parties; • Be of a violent, pornographic or derivative nature; • Discriminate based on race, sex, religion or philosophy of life.

4.2.10 The affiliate also guarantees that either he is the owner of the rights related to all the information and productions on his website, or the owner of the rights to the information and productions on his website has given his express consent to its publication on the affiliate's website. The affiliate also guarantees that the information and productions on its website do not violate the rights of third parties involved, including rights derived from intellectual property and that the information and productions are not, in any way, offensive, prohibited or suspicious.

4.2.11 If Yoorney® establishes that the installation and use of the affiliate link is not convenient, it will have the right to block said link.

4.2.12 The Affiliate undertakes to remove a link from its Affiliate Site web page within 24 hours if Yoorney® so requests.

4.2.13 Each Affiliate Program may be modified or terminated by Yoorney® at any time. The general conditions of the Affiliate Programs will be available on the Yoorney website.

4.2.14 The affiliate must always be aware of any changes that may occur in the Affiliate Programs. In particular, in the event that a registered website has ended its Affiliate Program, or in the event that the commission structure for affiliates has been modified.

4.2.15 The Affiliate will not make any promise or undertake any kind of obligation to or on behalf of Yoorney®.

4.2.16 The affiliate may not in any way contribute to the creation of artificial traffic on the indexed or linked web pages. The Affiliate must immediately notify Yoorney® of all suspected or known misuse of the Affiliate's links to the Yoorney® Website.

4.2.17 Unless Yoorney® has expressly given its permission to do so in writing, the affiliate may not transfer or promise their rights and/or duties by contract or agreement with Yoorney®, in whole or in part, to a third party, without prior written consent by Yoorney®. The approval required for this may be subject to specific terms and conditions imposed by Yoorney®.

4.2.18 The affiliate consents to the publication of his registered information published on the Yoorney® website for the information of the advertiser.

Article 4.3 – Remuneration

4.3.1 The affiliate agrees to upload invoices to our Yoorney® affiliate panel on a monthly basis.

4.3.2 The recording of transactions represented in our affiliate control panel

of Yoorney® will be binding on the affiliate.

4.3.4 The commission that the affiliate will receive will be calculated based on the sales of activities enjoyed in the previous month and applying the following amounts:

● 50% of the commission that yoorney receives from each booking.

4.3.5 Cookies are stored for 30 days.

4.3.5 The affiliate will only charge if Yoorney® has enjoyed the activity. The approval of the transactions corresponds to Yoorney® and to predefine with criteria set by it.

4.3.7 If the user cancels the activity, the affiliate will not be able to claim the commission in question. The affiliate will not receive any commission then.

4.3.8 If the case contemplated in article 3.7 occurs, and the affiliate has already received the commission for that transaction, this will be deducted from the sum of commissions to be paid in the following billing period.

4.3.8 If the case contemplated in article 3.7 occurs, and the affiliate has already received the commission for that transaction, this will be deducted from the sum of commissions to be paid in the following billing period.

4.3.9 If the payment must be made to an affiliate's bank account abroad, bank commissions will be deducted from the payment.

4.3.10 Yoorney® will pay the total commission generated by the affiliate for their participation in the affiliate programs in euros.

4.3.11 Yoorney® will at all times have the right to establish the amount owed to the affiliate against any amount owed by the affiliate to Yoorney® for any concept.

4.3.12 If the affiliate does not generate the invoice to the extranet to collect the commissions of the affiliate program in a period of 12 months, the accumulated balance will be cancelled.

4.3.13In case of being a natural person residing in Spanish territory, a current personal income tax withholding will be imposed on the total invoice, to comply with the law of the Spanish Tax Agency. For members who are natural or legal persons not resident in Spain and domiciled in countries without double taxation agreements with Spain, a withholding of the IRNR (Non-Resident Income Tax) in force will be applied to the total invoice, in order to comply with the law of the Spanish Tax Agency. The affiliate (who does not meet the requirements of the two previous paragraphs) will be responsible for the payment of all

taxes and payments to Social Security in their respective countries, through invoices made by Yoorney®.

4.3.14 The affiliate will assume derived expenses, such as liability for damages to Yoorney® as a consequence of incorrectly inserting bank, card or paypal details in our Yoorney® affiliate panel.

4.3.15 The affiliate will assume the payment of all taxes, insurance and rates of payments made by Yoorney®.

4.3.16 All activity reservations shown in the Yoorney® affiliate panel will have a single currency, thus being the euro.


Article 5 – Consent

The parties expressly acknowledge and accept that the provision of consent through Internet forms and emails is valid and binding.


Article 6 – Liability

6.1 The Affiliate is fully responsible for the development, maintenance, operation and content of the Website.

6.2 The affiliate will guarantee that all obligations related to tax laws will be fulfilled and Yoorney® will be indemnified for claims related to them.

6.3 Yoorney® cannot guarantee or provide any insurance for the operation of the Yoorney® Affiliate Program or the links of the web pages.

6.4 Yoorney® will not be responsible for errors in the implementation of the links on the affiliate's website or the operation of the links.

6.5 The Affiliate will protect Yoorney® at all times against, and indemnify Yoorney® against all costs, damages and interest that Yoorney® may have to pay as a direct consequence of third party claims against Yoorney® in relation to incidents, actions or negligence during or within the scope of the execution of the order, for which Yoorney® is not responsible for the affiliate under these terms and conditions.

6.6 Yoorney® cannot be held responsible for defects in the Affiliate Program, interruptions in access to the Affiliate Program, data breaches or loss of data in the information processing system, defects in the security system, or viruses or other harmful software components that are used by the Yoorney® Affiliate Program, nor for damages caused by viruses or components in the Affiliate Program, the affiliate software and/or the affiliate website.


Article 7 – Confidentiality

7.1 Before, during and after the execution of the contract established with Yoorney®, the affiliate must refrain from making any statement to third parties or providing any information regarding the methods used or the data provided by Yoorney®, in the broadest sense of the finished.

7.2 If the affiliate violates the terms and conditions contained in this clause in any possible way, they will be responsible for paying Yoorney® the sum of €10,000 for each violation, without the need to issue a notice of breach and without prejudice to any of Yoorney®'s rights to demand compliance with the contract, to terminate the contract, claim additional damages, etc.


Article 8 – Duration of the Contract

8.1 The duration of this contract is indefinite. Notwithstanding this, the parties may resolve the same at any time, without alleging cause, by email addressed to the other party at least 15 days before the effective date of the resolution. However, either party may terminate

Rever this contract with immediate effect and cancel the Yoorney® Affiliate Program in the event of breach by the other party of any of its obligations.

8.2 At the time of termination of the contract or extinction of the same, the parties are obliged to satisfy the obligations contracted until then, except in the cases contemplated in the following points.

8.3 Yoorney® will have the right to terminate this contract with immediate effect, and/or deny the affiliate the right to use the Affiliate Program, in the following cases:

a) In the opinion of Yoorney®, the affiliate's website violates public order or public decency or may be offensive or violent; b) The affiliate commits illegal acts against Yoorney® and/or third parties related to the Affiliate Program; c) Yoorney® considers the affiliate or the content of its website inappropriate in any way, if they do not correspond to

the Yoorney® business concept; d) The Affiliate does not fully comply with the obligations or commits fraud or illegal acts in any way, or if the Affiliate generates artificial traffic or tries to generate it, or if the Affiliate violates any of the conditions of this contract in any way; e) The affiliate has not generated traffic for a period of three months.

8.4 If the affiliate contract ends, for whatever reason: a) The links will be destroyed.

b) Yoorney® will have the right to block the affiliate from accessing the Yoorney® website.

c) The affiliate will no longer be able to claim commissions. d) The affiliate will remove or return any link and/or material provided by Yoorney®. e) The affiliate will no longer have the right to use the Yoorney® name.

8.5 The affiliate may claim the payment of commissions for transactions made before the termination date, as established in article 4, unless the contract is terminated because Yoorney® decides so for the reasons in article 8.3.

8.6 If an Affiliate (partially) violates the provisions of Article 4.2, the Affiliate, without further warning or notice of non-compliance and without the need for judicial intervention, will immediately pay Yoorney® a fine of €10,000 without prejudice to Yoorney®'s rights. , such as the right to end the contract or claim compensation for damages.

8.7 New Yoorney® users will be evaluated based on the number of unique users, focus group and profile. If a web page does not complete the established criteria, Yoorney® may remove the affiliate from the system without further explanation than that.


Article 9 – Force Majeure

Neither party will be responsible for any failure or delay in the performance of its obligations under these Terms and Conditions, insofar as such failure or delay was caused by reasons beyond the reasonable control of such party (failure in third party systems , natural disasters, etc.)


Article 10 – Protection of Personal Data

10.1 The affiliate's personal data collected in this document or collected/generated on the occasion of its execution and control will be processed for the following purposes:

– The development, maintenance, compliance and control of the pre-contractual or contractual relationship between the affiliate and Yoorney® created or to be created by virtue of this contract.

– Compliance by Yoorney® with the obligations imposed by law.

10.2 The affiliate expressly agrees to notify Yoorney® of any update or other modification that may apply regarding the data provided, Yoorney® not being responsible for possible outdated updates.

10.3 The affiliate expressly consents to the processing of their data by Yoorney®, even once their relationship with it has ended, for the analysis of their profile for commercial purposes and to send them advertising communications, including by electronic means of communication such as their email or mobile phone, of products and services from the financial, real estate, cultural, travel, consumer, entertainment and leisure sectors.

10.4 The affiliate consents to the communication of their personal data to any other companies in their group that market, manage or finance at any time products or services in the aforementioned sectors, so that they may proceed with the processing of their data. for the analysis of your profile for commercial purposes and the remission of commercial communications of products and services of the sectors mentioned in article 10.3.

10.5 The affiliate may revoke the consents provided in this contract at any time, as well as exercise their rights of access, rectification, cancellation and opposition, directing their request, in writing, duly proving their identity, to the email address info @yoorney.com​ with the subject “LOPD”.



Article 11 – Modifications of the Affiliate Program or of the contract conditions

Yoorney® may modify the terms os and conditions at any time, these changes being notified to the affiliate electronically. If the affiliate cannot accept the modification of the terms and conditions, he himself may terminate the contract. If the member has not terminated the contract within 14 days, it will be assumed that the member has accepted the changes.


Article 12 – Applicable Legislation

12.1 These terms and conditions and any contract between Yoorney® and the affiliate will be exclusively subject to Spanish legislation, and lawsuits will be brought before the corresponding court in Spain.

12.2 If any provision in this contract violates applicable law, it will be amended to conform to such law, with due regard to the meaning of the original provision.


Article 13 – Intellectual Property

13.1 The copyright and intellectual property rights related to reports, recommendations, and other goods, services and/or documents produced for the benefit of the affiliate will always belong to Yoorney®. The explicit and written consent of Yoorney® will be required if the affiliate wishes to acquire the right to reproduce or publish the activities, services and/or documents, or the use thereof for purposes other than those established by Yoorney® at the time of purchase. their delivery to the member.

13.2 The Affiliate may not publish or provide to third parties the items specified in Article 13.1 or the information and expertise described therein, except where Yoorney® has specifically given the Affiliate written consent to do so.

13.3 The Affiliate is not permitted to remove or modify any copyright, trademark, trade name, or other intellectual or industrial property marking on the Software, Equipment or Materials, including any marking concerning the confidential nature of the Software and the obligation of confidentiality in this regard.

13.4 If the Affiliate is negligent in the execution of Article 13.1, Yoorney® is entitled to recover all items belonging to it at the Affiliate's expense. The Affiliate will irrevocably grant, and retroactively, access to Yoorney®, to the place where the items in question are stored.

13.5 Yoorney® owns all copyright, intellectual property rights, expertise and any other rights associated with the Affiliate Program or with the software required for the Affiliate Program. The affiliate will not obtain any right or permission by this contract.

13.6 If the terms and conditions described in articles 13.1, 13.2 and/or 13.3 are violated, the affiliate will be responsible for paying Yoorney® the sum of €10,000 for each violation, without the need to issue a notice of breach and without prejudice. of any of Yoorney®'s rights to enforce the contract, to terminate the

contract, claim additional damages, etc.

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