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Publisher agreement
PUBLISHER AGREEMENT – BARCELO HOTEL GROUP AFFILIATES PROGRAM

This Agreement is made the day set out below by and between
  1. Barceló Gestión Hotelera S.L., C/ Rover Motta 27, 07006, Palma de Mallorca, España, here in after referred to as "Barceló Gestión Hotelera SL", and
  2. You" or "the Publisher"
WHEREAS
  1. Barceló Gestión Hotelera SL has developed and operates a service which allows You to earn money by placing a link on Your website to the Company’s websites, connected to Barceló Gestión Hotelera SL.
  2. In order to receive payments for your work as Private Network Publisher, You must accept the conditions of this Agreement and become authorized as a "Publisher" in the Barceló Gestión Hotelera SL network. Please read this Agreement carefully. By clicking on the "Register" button You accept the conditions of this Agreement. You will not receive commission payments if you do not accept the provisions of this Agreement.
  3. You must be accepted by Barceló Gestión Hotelera SL and the Company to whose Private Network Program You would like to be registered to, before you can become a Publisher. You will be informed by the Company if and when You have been accepted as a Publisher.
  4. This Agreement is limited to Publisher’s participation in the Private Network Program as described in section 1 below.
Now therefore, You hereto agree to the following bindings terms of the agreement.
  1. Definitions
    The following terms when used in this Agreement shall have the following meanings:
    1. "Linked Website" - means a Website to which the Publisher has placed a link on his website and which is connected to the Private Network Program registered at Barceló Gestión Hotelera SL.
    2. "Visitor" - means any person who clicks on a link placed on the Publisher''s website and thereby is connected to a Linked Website.
    3. "Click" - means a click by a Visitor on a link on the Publisher''s website serving a Linked Website to the Visitor''s browser.
    4. "Lead" - means a Visitor who is connected to a Linked Website by the Publisher and who has completed a definite act at the Linked Website, for example made a registration as a user.
    5. "Transaction/sale" - means a Visitor who is connected to a Linked Website by the Publisher and who has completed an agreement to buy a product, service or anything else supplied on the Linked Website.
    6. "Traffic" - is a collective term for valid Clicks, Leads and Transactions/sales.
    7. "Artificial Traffic" - is a collective term for invalid Clicks, Leads and Transactions, which may originate (for example and without limitation) from automatic openings, spiders, robots, requests in e-mail or chat rooms, script generators, placing links on other websites than informed and Clicks which are not generated by a browser, Clicks which are not preceded by an active act of a Visitor who wants to reach a certain website.
    8. "Private Network Program" - is the %NAME_OF_TOOLBOX_CLIENT program owned and operated by Barceló Gestión Hotelera SL for the Company on Barceló Gestión Hotelera SL''s website which the Publisher can join, subject to Barceló Gestión Hotelera SL’s and Company’s acceptance as described herein.
    9. “Company” – shall mean %NAME_OF_SPONSOR
    10. Words denoting the masculine gender include the feminine and other genders and words denoting the singular number only shall include the plural and vice versa.
  2. The Service
    1. The Publisher is allowed to place links on his website to the website which have the Private Network Program registered at Barceló Gestión Hotelera SL
    2. Information about the Private Network Program will be available from the Company. The Publisher must keep himself informed of any amendments of the Private Network Program, The Publisher must comply with the requirements of the Private Network Program including in particular any stipulations as to the nature and content of the Publisher''s website and the use of third party or other Publishers trade marks and logos.
    3. Barceló Gestión Hotelera SL reserves the right to modify, amend, change or terminate Barceló Gestión Hotelera SL''s payment service. The Publisher will be notified of all such changes by e-mail or by an announcement by the Company. If the Publisher does not accept the changes, the Publisher will not be paid.
  3. Obligations of the Publisher
    1. The Publisher is solely responsible for his website and its contents and shall ensure that they conform at all times to all applicable laws and regulations.
    2. If the Publisher is a natural person he must be at least 18 years of age. If the Publisher has not reached the age of 18 a parent must give his consent to the registration to Barceló Gestión Hotelera SL''s service and the registration of a Publisher below the age of 18 without parental consent will be ineffective.
    3. The Publisher warrants that the information furnished to Barceló Gestión Hotelera SL about himself and his website is correct, complete and sent in due order and that the information corresponds to actual facts. The Publisher must notify Barceló Gestión Hotelera SL immediately of any changes in the information by updating the information about him on Barceló Gestión Hotelera SL''s website. If the Publisher is a limited company Barceló Gestión Hotelera SL must be provided with the Publisher''s full registered name, company registration number, registered office, trading address if different and VAT number if registered.
    4. The Publisher warrants either that the rights to all information and productions on the Publisher''s website belong to the Publisher or that the owner of the rights to the information and productions on the Publisher''s website has given his explicit permission to their publication there. The Publisher also warrants that the information and productions on the Publisher''s website do not infringe any rights of third parties, including intellectual property rights, and that such information and productions are not offensive, prohibited or questionable in any way.
    5. The Publisher must not in any way generate or contribute to generating Artificial Traffic to Linked Websites.
    6. The Publisher must notify the Company immediately of any known or suspected improper or wrongful use of the Publisher''s links to the Company’s website and/or the Private Network Program or of Barceló Gestión Hotelera SL''s service in any way whatsoever.
  4. Obligations of Barceló Gestión Hotelera SL
    1. Barceló Gestión Hotelera SL undertakes to execute payments to Private Network Publishers in accordance with this agreement only after having been paid by the Company.
  5. Remuneration
    1. The conditions of remuneration for the Private Network Program are agreed upon between the Publisher and the Company. The Publisher agrees to "self-billing", which means that Barceló Gestión Hotelera SL will create the invoice on behalf of the Publisher VAT (if applicable) is added to the remuneration shown on the Company’s Private Network Program interface.
    2. Subject to clause 5.3, payment of accumulated remuneration to the Publisher shall be made monthly in arrears provided that the Publisher has generated valid Traffic and that Barceló Gestión Hotelera SL has received timely payment from the Company.
    3. Payment of remuneration will be made, if prior to the payment date, the Publisher is due an amount of at least %MIN_AFFILIATE_PAYMENT and if Barceló Gestión Hotelera SL has received full payment for these transactions. An amount due of less than %MIN_AFFILIATE_PAYMENT will be accumulated to the next payment and will be included in the amount to be paid out at the next payment date, again provided that the minimum amount of at least %MIN_AFFILIATE_PAYMENT is due prior to that payment date. All payments are calculated upon the total Traffic generated up to the end of the month prior of payment. Accumulated amounts do not accrue any interest.
    4. Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between Barceló Gestión Hotelera SL and the Publisher
    5. Payment to the Publisher will be made direct to the Publisher''s bank account. The Publisher must specify on the Company’s Private Network interface details of his bank account (including name and branch of the bank, sort code of the branch and the Publisher''s account number).
    6. The Publisher is responsible for the payment of all tax and national insurance payable on any payments made to him by Barceló Gestión Hotelera SL.
  6. Limits on Barceló Gestión Hotelera SL''s Liability
    1. Barceló Gestión Hotelera SL shall not be liable for costs and damages incurred by the Publisher arising out of this Agreement unless caused directly by the negligence of Barceló Gestión Hotelera SL in providing its service. Barceló Gestión Hotelera SL shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Publisher for any reason whatsoever.
    2. Barceló Gestión Hotelera SL will not be liable for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in Barceló Gestión Hotelera SL''s service or for any damage caused by viruses or components to the service, the Publisher’s software and/or the Publisher''s website. Barceló Gestión Hotelera SL shall not be liable for any error in the implementation of the links on the Publisher''s website or for the specified function of the links.
    3. Barceló Gestión Hotelera SL shall not be liable if the Company does not fulfill its obligations according to its Private Network Program and Barceló Gestión Hotelera SL shall not be liable in any way for any agreements made directly between the Publisher and the Company.
  7. Term and Termination
    1. This Agreement shall come into force upon Your acceptance as a Publisher and shall remain in effect until terminated.
    2. The Publisher is entitled to terminate this Agreement with immediate effect at any time. The Publisher must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites.
    3. If the agreement is terminated by either party, Barceló Gestión Hotelera SL will pay any outstanding amount on the next following payment date.
    4. Barceló Gestión Hotelera SL is entitled to terminate this Agreement and/or suspend the Publisher from Barceló Gestión Hotelera SL''s service or from the Private Network Program if:
      1. Barceló Gestión Hotelera SL considers the Publisher or the content of his website inappropriate in any way.
      2. Barceló Gestión Hotelera SL is requested to do so, for any reason, by the Company.
      3. The Publisher acts fraudulently or illegally in any way or the Publisher generates or tries to generate Artificial Traffic to Linked Websites or the Publisher in any other way breaches any of the provisions of this Agreement.
    5. Upon suspension of the Publisher from the Private Network Program, the Publisher shall immediately delete all links to the Company''s or other relevant website/s.
    6. Upon termination of this Agreement, Barceló Gestión Hotelera SL shall inform the Publisher immediately through the Company’s Private Network interface, and the Publisher shall immediately cease to use the service and delete all links to Linked Websites.
    7. This Agreement expires immediately on termination and no remuneration will be paid to the Publisher for the Private Network Program if the Publisher is suspended for the reasons stated in 7.4.3
  8. Indemnity
    The Publisher shall keep Barceló Gestión Hotelera SL indemnified against any claims for damages or other claims for compensation arising from the contents of the Publisher''s website or any incorrect information given to Barceló Gestión Hotelera SL by the Publisher. The Publisher shall also compensate Barceló Gestión Hotelera SL for any other damages or costs caused by the Publisher''s improper, negligent or unauthorised use of Barceló Gestión Hotelera SL''s service and technical problems or loss of data caused by the Publisher on Barceló Gestión Hotelera SL''s website or on any website to which the Publisher is linked by Barceló Gestión Hotelera SL.
  9. Assignment of the Agreement
    The Publisher may not assign or pledge his rights or obligations under this Agreement in whole or in part to any third party without the prior written consent of Barceló Gestión Hotelera SL. The Publisher agrees that Barceló Gestión Hotelera SL may assign its rights and obligations under this Agreement and divulge or transfer information about the Publisher''s website, e-mail etc to any third party.
  10. Consent
    The Publisher consents to the publication of the Publisher''s name and web address etc at Barceló Gestión Hotelera SL''s website.
  11. Severability
    If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
  12. Intellectual Property Rights
    Barceló Gestión Hotelera SL owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Publisher does not acquire any rights or licenses whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.
  13. Applicable Law
    1. Barceló Gestión Hotelera SL shall not be liable for the legality of Barceló Gestión Hotelera SL''s service in countries other than Spain. The Publisher is solely responsible for the legality of the use of the service if the Publisher is registered to Barceló Gestión Hotelera SL''s service from a country other than Spain or if the Publisher''s website is on a server in a country other than Spain.
    2. This Agreement shall be governed by, and construed in accordance with the laws of Spain, excluding its choice of law provisions and is subject to the exclusive jurisdiction of the Spain courts.
Privacy policy
Privacy Policy In accordance with Law 34/2002 of 11 July regarding information and electronic commerce society services, and in compliance with Organic Law 15/1999 of 13 December regarding personal data protection, we would like to inform you that your email address is included in an automated file which belongs to BARCELÓ GESTIÓN HOTELERA, S.L. for the purpose of sending you promotional or advertising communications as well as news about our company that may be of interest. By accepting this email you consent to this in accordance with the terms established by Law 34/2002 of the Information and Electronic Commerce Society Services Act.If you do not wish to receive this type of communication or choose to legally exercise your rights of access, rectification, cancellation and opposition, you can do so by contacting us at the following email address: sac2@barcelo.com.Please use the following address to contact us in Spain: sac2@barcelo.com.Please use the following address to contact us in Latin America: sac2@barcelo.com.Please use the following address to contact us in Mexico: sac7@barcelo.com.