Affiliate Agreement

Last update: August 13th, 2020 

This agreement describes the terms and conditions for the participation in the hellotax partner program. In this Agreement, the term ”Partner”, „Affiliate“ refers to you (the Applicant). In this agreement, the term „hellotax“ refers to hellotax Global S.L., a company under Spanish law with which you enter into this agreement. By applying for the hellotax affiliate program, you confirm that you have read the agreement and agree to its terms.

The agreement comes into effect as soon as hellotax has accepted the partner’s application to participate („date of effect“) and the partner is entitled to commissions which are attributed to recommendation clients submitted by the partner after the date of effect. hellotax reserves the right to reject any application, in which case the agreement does not come into effect.

  1. Definitions
    1. “Commission”refers to the amounts to be paid by hellotax to the partner which hellotax pays as compensation for the purchase of the services of hellotax by a referred client.
    2. “Referred Client”refers to a new client (with the exception of existing partners) who purchases the services of hellotax as a result of the qualifying activities of a partner within the scope of this program. 
    3. ”Partner” Partner refers to members of this program who, without their own free or paid membership, merely refer the services offered by hellotax but do not obtain them themselves; 
    4. Affiliate“Affiliate refers to members of this program who, with their own free or paid membership, not only refer to the services offered by hellotax but also purchase them themselves.
  2. Commission

Subject to the contractual conditions, the partner receives a commission when a referred client purchases services from hellotax, either (1) after the partner has referred the client to hellotax („hellotax Power Partners“) or (2) after the partner has supported the sales of services to the referred client („Member Gets Member“).

  1. Eligibility for Commission
    1. General Eligibility – To earn a commission, the following conditions must be met:
      1. The purchase of the referred customer must not have been ordered through a third party; The commission is only payable to the last partner or affiliate.
      2. hellotax must have received full payment of all applicable fees from the referred customer;
      3. Any right of the referred customer to a refund must have expired;
      4. The Partner or Affiliate will never imply that they are acting on behalf of hellotax and will never directly advertise hellotax products without disclosure of the link of the partnership program.
      5. The Partner or Affiliate will never bid for advertising that competes with hellotax.
      6. The partner or affiliate must not have any direct or indirect relation to hellotax Global S.L. as a related or associated company or employee, hired freelancer.
    2. “hellotax Power Partners” – by means of a personalized coupon code, the partner receives ten percent recurring commission of the referred sales if his coupon code is used by a referral, while the referral receives  ten percent discount on the first year with us;
    3. “Member Gets Member” – by means of a personalized cookie, the affiliate receives one hundred euros as „non-refundable credit“ for each paying customer referred by him/her; the credit is automatically offset against the next hellotax invoice(s).
    4. The granting of a commission within the scope of this agreement excludes all other claims from other hellotax partner programs for the same referred order.
  2. Eligible services
    1. hellotax monthly and yearly paid subscriptions;
  3. Administration and Marketing
    1. For the handling and administration of its partner program, hellotax has chosen the FirstPromoter platform to manage the use of personalized coupons and provide users with an interface to check the performance of their partnership. 
    2. In the event that hellotax decides to change the affiliate platform, the partner is notified 30 days in advance;
  4. Registration of the referral service
    1. “hellotax Power Partners” – the referral is recorded by means of a personalised coupon code
    2. “Member Gets Member” – the referral is recorded by means of a personalised cookie with the validity of 90 days
  5. Term and Termination
    1. The initial term of the Agreement shall begin on the date of entry into force and shall last for one year until the first anniversary of that date (the „Initial Term“).  At the end of the initial term or renewal term in effect at that time, the Agreement shall be automatically renewed for a further year (the „Renewal Term“) unless either Party notifies the other Party in writing of its non-renewal. 
    2. The Initial Term and each Renewal Term shall be collectively referred to as the „Term“.
    3. Each party has the right to terminate the agreement immediately and without prior notice.
      1. If the “Partner” or “Affiliate” terminates the agreement, no further commissions will be paid by hellotax for past or future customer transactions. 
      2. If hellotax decides to terminate the agreement, any credit balance in excess of 50 Euro, if payable, will be paid out to the affiliate within 60 days of termination. 
      3. Credit balances that are less than 50 Euro will be forfeited. 
      4. If the affiliate participates in a recurring program, hellotax is not obligated to make future payments after the termination.
  6. Payments

Any payable claims arising from this agreement, will be paid within 30 days after the end of the calendar month in which hellotax invoiced the referred customer. In the case of an annual subscription payment is deferred to 90 days from the signing of the referral’s contract.

  1. Offset and Refunds

hellotax may deduct or offset amounts owed by Partner to hellotax from any Payments. For example, if any amount is paid to Partner in error, hellotax may deduct such erroneously paid amount from subsequent Payments. If a Referred Client does not pay the invoiced amounts or a refund is issued to a Referred Client, and a Commission was previously paid to Partner based on the amount that was invoiced, hellotax may offset the amount of the Commission paid on the unpaid Referred Client invoice or refunded amount from a future Payment.  If the amount owed by Partner under this section exceeds the Payments owed to Partner, Partner will pay hellotax such excess amount owed within 30 calendar days of the date of hellotax’s invoice.

  1. Taxes

All advantages granted under this agreement are subject to the partner’s regular national taxation. The partner is obligated to ensure the proper taxation of his advantage and to present suitable receipts to hellotax upon request. hellotax is entitled in individual cases to pause the payment and/or utilization of granted advantages until suitable receipts for proper taxation are presented.

  1. Limitation of Liability

Neither party shall be liable for any special, incidental or consequential damages or lost profits (howsoever arising, including negligence) arising out of or in connection with this agreement, even if the parties are aware of the possibility of such damages, except for claims and liabilities arising out of the indemnification obligations.

  1. Claims

Any claim for unpaid, underpaid or overpaid commission asserted by one party must be submitted in writing to the other party within three months of the event giving rise to the claim. Upon expiration of this three-month period, each party agrees to waive all rights to assert a claim for such unpaid, underpaid or overpaid commission.

  1. Change/Termination of the programm
    1. We may amend any of the terms and conditions within this Agreement at any time and in our sole discretion in accordance with our Terms & Conditions. Such changes may include, but are not limited to, changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.
    2. hellotax can terminate the programs at its own discretion in consideration of all obligations entered into before the termination of the program.
  2. Governing Law

This agreement is subject to Spanish law and Spanish jurisdiction. Alicante is agreed as the place of jurisdiction.