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Terms & Conditions
GENERAL CONDITIONS FOR BUSCONÓMICO S.L. COLLABORATORS Parties of the Agreement and Prior Information On the one hand, THE COLLABORATOR, a company dedicated to the provision of “Lead Marketing” services and which has the necessary organization to provide these services adequately; And, on the other hand, BUSCONÓMICO S.L. (hereinafter THE CLIENT), a company interested in contracting THE COLLABORATOR's services based on the execution of advertising and affiliation campaigns for the acquisition of potential clients through the insertion of advertising in portals, networks and search engines, as well as sending to qualified databases of email and in general on the Internet, whose final recipient will be the company that appears in the corresponding Purchase Order (hereinafter, THE BENEFICIARY). FIRST.- Purpose and services The purpose of this Agreement is to regulate the conditions under which THE COLLABORATOR will provide the CLIENT with the services for carrying out marketing actions and generating leads by the COLLABORATOR on behalf of the CLIENT and on behalf of the BENEFICIARY, generated as a result of the actions that will be detailed in the corresponding purchase orders attached to this Agreement. The General Conditions contained in this Agreement have the character of a framework. Through successive annexes, which may be incorporated into the Agreement as integral parts thereof, and/or through purchase orders, each of the different services to be provided by the COLLABORATOR in each case and the most relevant specifications of application will be specified. The services that the COLLABORATOR will provide to BUSCONÓMICO will consist of lead capture campaigns for THE CLIENT, through (i) display campaigns, (ii) email-marketing campaigns, (iii) affiliation campaigns or other services specified in the corresponding purchase order. SECOND.- Obligations of the Parties Obligations of the COLLABORATOR:: (i) THE COLLABORATOR undertakes to carry out the marketing actions in accordance with the specifications in the corresponding Purchase Orders; (ii) THE COLLABORATOR undertakes to strictly comply with current data protection legislation as well as to ensure confidentiality in the provision of the service to the CLIENT; (iii) THE CLIENT and THE BENEFICIARY will have the right to indicate within a period of 15 calendar days from receipt of the leads whether they consider the generated records to be valid. For campaigns based on CPL, duplicate leads will not be considered valid, or records that already existed previously in the BENEFICIARY's database or that for any other reason are not appropriate for THE BENEFICIARY to contact them (e.g. incorrect or invalid addresses). CLIENT's Obligations: (i) THE CLIENT agrees to pay the remuneration established in accordance with the provisions of the corresponding Purchase Orders. (ii) THE CLIENT must provide the COLLABORATOR with the Creatives and corresponding documentation for each campaign, provided and/or approved in turn by THE BENEFICIARY. THIRD.- Price of the services THE COLLABORATOR will invoice the amount stipulated in the corresponding Purchase Orders, where the payment term will also be determined. FOURTH.- Duration This Agreement will enter into force on the date of its signature, and will have a validity equivalent to the term of validity of the advertising campaign. FIFTH.- Responsibility THE PROVIDER acknowledges and agrees that it will indemnify, defend and hold BUSCONÓMICO and the BENEFICIARY harmless against all claims, losses, fines and penalties, damages, costs and expenses, including, without limitation, reasonable attorneys' fees and expenses and any amounts paid under agreements that arise from or are related, directly and indirectly, to claims by third parties regarding THE COLLABORATOR's failure to comply with the guarantees and obligations established in this Agreement. Likewise, THE COLLABORATOR will directly pay all penalties and fines that, in relation to the provision of the service subject to this Agreement, are imposed by the Spanish Data Protection Agency or other competent bodies. Regarding the leads generated by THE COLLABORATOR, if liability attributable to THE COLLABORATOR were to be determined, BUSCONÓMICO will be entitled to stop any campaign in force and/or request the return of amounts received by THE COLLABORATOR when it is proven that the invalid leads have been generated in an irregular manner and in contravention of good business practices. SIXTH.- Intellectual and Industrial Property THE COLLABORATOR expressly accepts that any brand, logo, trade name, creative, text or content that BUSCONÓMICO or THE BENEFICIARY provide to THE COLLABORATOR to be included in the contracted advertising campaigns, effectively belong to BUSCONÓMICO or THE BENEFICIARY or that it has the authorization of the legitimate owners or licensees of the content and does not infringe the intellectual or industrial property rights of third parties, and specifically the rights to honor or image of third parties, or any other property right of third parties. Thus, THE COLLABORATOR will use the BENEFICIARY's creative works for the sole purpose of carrying out the performance of this Agreement and only during the term of validity of the same, without the right to transfer it to third parties. In reference to said advertising material, BUSCONÓMICO and the BENEFICIARY shall be entitled to claim against THE COLLABORATOR any possible damages and losses arising from any possible illicit use of the creative works or certain content hosted therein. SEVENTH.- Data protection and cookies 7.1 E-mail marketing service: THE COLLABORATOR, as the person responsible for the database for carrying out e-mail marketing campaigns, guarantees that all users included in the database have freely, specifically, informedly and unequivocally given their express consent to receive advertising by e-mail sent by THE COLLABORATOR. Specifically, THE COLLABORATOR declares that: The personal data contained in its databases have been provided or obtained by the data owners themselves with their prior and express consent for each of the explicit and legitimate processing purposes related to the advertising and commercial prospecting activity, having informed them about the specific and concrete sectors of activity regarding which they may receive information or advertising of the products of third-party companies, specifically the sector of activity of the BENEFICIARY, including campaigns to be carried out by electronic means in accordance with the provisions of the applicable regulations on privacy and commercial communications by electronic means, as well as the identity of the person responsible for the file, and the possibility of exercising the rights of access, rectification, deletion, opposition, right to be forgotten, right to data portability and/or right to limitation of processing, and this in the terms established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 on the protection of persons with disabilities. physical with regard to the processing of personal data and the free circulation of such data and by which Directive 95/46/EC (hereinafter, RGPD) is repealed, as well as any other applicable regulations. That it periodically consults the common files for exclusion from the sending of commercial communications in order to prevent the processing of data of users who have expressed their opposition or refusal to the processing of their data. That it has implemented the security measures of the corresponding level, and that said security measures are included in a Security Document, which is known and binding on all its staff. The provision of the Service subject to this Agreement does not violate the rights to protection of personal data, or of any other nature, of the owners of the data included in the Database, nor of BUSCONÓMICO, THE BENEFICIARY, nor those of any third party. That personal data is handled only by those employees whose intervention is necessary for the contractual purpose and will advise said employees of their obligations regarding the protection of personal data, ensuring compliance with the same. That it guarantees compliance with the provisions of the data protection regulations in relation to the requirements that must be guaranteed to carry out treatments for advertising and commercial prospecting activities. That the database has been made, and is made, in full compliance with the legislation in force on the matter, and that all security measures established by European and Spanish regulations on the protection of personal data, information society services and electronic commerce for the provision of e-mail marketing services have been implemented. 7.2 Data collected by the COLLABORATOR and transfer of data: By virtue of this Agreement, the COLLABORATOR may directly collect personal data from the user and transfer it to BUSCONÓMICO and/or the BENEFICIARY. The COLLABORATOR declares that it acts and undertakes to comply in accordance with the principles established by current legislation on the protection of personal data and, specifically, the COLLABORATOR guarantees that the personal data has been provided or obtained by the data owners themselves with their free, specific, informed and unequivocal consent for the transfer of the data to BUSCONÓMICO and/or the BENEFICIARY, as transferees of the data, and in accordance with the same guarantees as those established in section 7.1 of this Agreement. 7.3 Databases generated through Co-registration: Under this Agreement, the COLLABORATOR may generate records for BUSCONÓMICO and/or the BENEFICIARY by incorporating the Privacy Policy of BUSCONÓMICO and/or the BENEFICIARY into online data collection forms, so that users expressly accept both the Privacy Policy of BUSCONÓMICO and/or the BENEFICIARY and the Privacy Policy of the COLLABORATOR, thereby obtaining the co-registration of said users. In these cases, both parties declare that they are aware of and respect the obligations established in terms of data protection in the GDPR and its complementary legislation, as those responsible for the file. In this type of commercial collaboration, BUSCONÓMICO must provide the COLLABORATOR with its corresponding privacy policy for implementation on the data collection landing page. 7.4 Leads generated by cookies or other data storage and recovery devices: THE COLLABORATOR is responsible for compliance with the applicable regulations regarding cookies with respect to those third-party media on which display campaigns are carried out and in which cookies are used, exempting BUSCONÓMICO and/or the BENEFICIARY from any sanction or claim arising from a breach of the cookie regulations. Informed consent must be obtained in all cases following the guidelines established by the Guide on the use of cookies of the Spanish Data Protection Agency. EIGHTH.- Confidentiality All information that the Parties exchange in any format or medium will be treated by the Party that receives it with absolute confidentiality, obliging itself not to distribute, deliver or transfer it for any reason or use it for purposes other than those agreed in this instrument. NINTH.- Termination This Agreement may be terminated by either party in the event of non-compliance with the Agreement by the other party, by written notice and provided that such non-compliance, if curable, is not cured within 15 days from the date of notification to the non-complying party. Notwithstanding the foregoing, the termination of this Agreement shall not release either party from the obligations arising with respect to the other party during the term of the Agreement. TENTH.- Jurisdiction and applicable legislation This Agreement shall be governed by Spanish law. The Parties expressly submit to the jurisdiction of the Courts and Tribunals of the city of Madrid. ELEVENTH.- Exclusivity THE COLLABORATOR acknowledges and accepts that BUSCONÓMICO focuses its activities on the Digital Marketing sector, and its main activity is aimed at mediating marketing advertising campaigns between advertisers who need to promote their products, services and/or corporate brand through branding, performance and/or results actions, and database owners such as BUSCONÓMICO and THE COLLABORATOR or third parties affiliated with BUSCONÓMICO whose files contain leads of users interested in receiving advertising from third parties. Taking into account the above, THE COLLABORATOR agrees to an obligation of exclusivity for the duration of this Contract and one additional year, establishing that in the event that THE COLLABORATOR directly contacts advertisers who are clients of BUSCONÓMICO to carry out advertising campaigns, THE COLLABORATOR must pay double the total amount invoiced by BUSCONÓMICO based on this Contract during the year with the highest turnover of the last 3 years.
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