Advertiser: Hello Ticket, S.L. or the group company identified in the Affiliate Platform.
Trade name: Hellotickets.
Portal: www.hellotickets.com and any other Hellotickets domains, subdomains, applications, local pages or digital channels included in the Program.
Affiliate Platform: Tapfiliate, or any tracking network or tool designated by Hellotickets at any given time.
Tracking period: Thirty (30) calendar days post-click, unless a different configuration is indicated in the Affiliate Platform or in particular conditions. There shall be no post-view tracking unless expressly authorized by Hellotickets.
Validation period: May last up to one (1) year from the transaction, without prejudice to subsequent reviews for fraud, cancellation, refund, chargeback, non-payment or breach.
Minimum payment threshold: One hundred euros (EUR 100), unless a different configuration is published in the Affiliate Platform.
Initially permitted channels: Websites, blogs, editorial comparison sites, opt-in newsletters, social media and other channels previously identified and approved by Hellotickets.
Restricted channels: SEM, PPC, coupons, cashback, loyalty, browser extensions, sub-affiliation, email marketing, WhatsApp, SMS, push notifications, incentivized traffic and paid social are subject to prior, express and written authorization. Prior authorization shall be deemed granted if Hellotickets approves it in the Affiliate's sign-up, since the sign-up application itself already states whether the Affiliate belongs to any of these categories.
1. Identification, acceptance and relationship with the Affiliate Platform
These terms and conditions govern access, sign-up applications, participation, promotion, tracking, transaction validation, accrual of commissions and the remaining conditions applicable to the Hellotickets Affiliate Program.
The Program is offered by Hello Ticket, S.L., with Tax ID (N.I.F.) B87643680, without prejudice to certain campaigns being managed or operated by another company of the Hellotickets group or by an affiliate technology platform designated by Hellotickets at any given time.
Access to, registration in or participation in the Program implies the express, full and unreserved acceptance of these Terms, of the particular conditions published for each campaign, of the operating rules of the Affiliate Platform and of any reasonable instructions communicated by Hellotickets.
Where acceptance is made by means of an acceptance checkbox, clickwrap, affiliate panel, email, electronic signature or any other equivalent mechanism, the Affiliate acknowledges that such acceptance has full contractual effect and that Hellotickets may retain electronic evidence of the date, time, version, IP address, user, email address and other reasonable evidence of the acceptance process.
In the event of conflict between these Terms and the general conditions of the Affiliate Platform, these Terms shall prevail in the relationship between Hellotickets and the Affiliate, unless a mandatory rule or a non-waivable technical condition of the Platform requires otherwise. In the event of conflict between these Terms and particular conditions accepted by the Affiliate, the particular conditions shall prevail only with respect to the specific campaign or relationship to which they refer.
The Affiliate declares that it participates in the Program within the framework of a business or professional activity, or for the purpose of professionally monetizing its channels, and that it does not act as a consumer or user for the purposes of these Terms.
2. Definitions
“Action” means any click, impression, lead, registration, sale, booking, purchase, contracting, download, conversion or measurable event that may be subject to tracking and, where applicable, to commission.
“Affiliate” means the natural person of legal age, sole trader, company, entity, content creator, publisher, influencer, media outlet, agency, comparison site or third party that applies to participate in the Program or participates in it following acceptance by Hellotickets.
“Commissionable Base” means the total amount effectively paid by the Customer in connection with a Valid Transaction, including taxes, VAT, fees, handling charges, delivery charges, third-party charges, tips, insurance, supplements and any other items included in the final price paid by the Customer. Discounts, coupons, credits or promotions shall be taken into account only to the extent that they reduce the final amount effectively paid. The Commissionable Base shall be reduced by any amounts subsequently reimbursed, returned or subject to chargeback.
“Affiliate Channels” means the websites, blogs, applications, newsletters, social media profiles, video channels, communities, databases, advertising media and other channels declared by the Affiliate and approved by Hellotickets.
“Hellotickets Content” means the trademarks, logos, trade names, domains, links, texts, images, videos, banners, widgets, feeds, APIs, creatives, codes, coupons, descriptions, briefings, messages, claims, guides, tools and other materials that Hellotickets or the Affiliate Platform make available to the Affiliate.
“Affiliate Cookie” means the cookie, identifier, parameter, token, pixel, server-to-server event or equivalent technology used to attribute an Action to an Affiliate.
“Customer” means the end user who accesses the Hellotickets Portal and, where applicable, purchases or requests services, tickets, activities, experiences or products offered through the Portal.
“Affiliate Platform” means the platform, network, tool or software used by Hellotickets to manage the Program, including, where applicable, Tapfiliate, or other equivalent solutions.
“Portal” means the Hellotickets websites, domains, applications or digital channels included in the Program.
“Terms” means these Terms and Conditions of the Program.
“Valid Transaction” means the purchase, booking, contracting or Action that has been correctly attributed to the Affiliate, reviewed and approved by Hellotickets, effectively collected, not cancelled, not refunded, not subject to chargeback, not duplicated, not fraudulent and generated in compliance with these Terms.
“Invalid Transaction” means any Action that does not meet the requirements of a Valid Transaction, including those arising from fraud, artificial traffic, breach, cancellation, refund, non-payment, technical error, duplication, self-purchase, unauthorized use of coupons, trademark infringement, data infringement, unlawful advertising or manipulation of tracking.
“Seller” means the supplier, distributor, organizer, business, marketplace seller or third party that offers or performs services or tickets through the Portal, where Hellotickets acts as a technology intermediary or marketplace.
3. Nature of the Program
The Program allows the Affiliate to promote the Portal and certain services or inventory available on Hellotickets through links, codes, creatives or other authorized mechanisms, with the aim of generating qualified traffic and Valid Transactions.
Participation in the Program does not confer on the Affiliate the status of agent, representative, distributor, commercial commission agent with power of representation, franchisee, employee, partner, seller, supplier, authorized reseller or contractual intermediary of Hellotickets.
The Affiliate may not accept orders, formalize sales, set prices, modify conditions, receive payments from Customers, issue guarantees, process cancellations or refunds, commit availability, resolve incidents, represent Hellotickets before third parties or assume commitments on behalf of Hellotickets.
Customers who access the Portal from an Affiliate Channel shall, in all cases, be customers or users of Hellotickets or, where applicable, of the corresponding Sellers, and not customers of the Affiliate by reason of such interaction.
Hellotickets may modify prices, availability, categories, commercial conditions, delivery, cancellation and refund policies, incident management, Portal structure and other elements of its business without requiring the Affiliate’s authorization.
4. Sign-up, approval, eligibility and Affiliate warranties
Applications to join the Program shall be submitted through the Affiliate Platform or through the procedure enabled by Hellotickets at any given time. The application does not generate an automatic right to participate or a right to receive commissions.
Hellotickets may accept, reject, condition, suspend or revoke the participation of any applicant or Affiliate, at its reasonable discretion, where it considers that their profile, activity, channels, content, track record, jurisdiction, traffic, promotional practices or conduct are not suitable for the Program, for the reputation of Hellotickets or for the applicable regulations.
The Affiliate warrants that it has sufficient legal capacity, that it owns or has sufficient authorization to operate its Channels, that all information provided is true, complete and up to date, that it does not infringe third-party rights and that it will comply at all times with these Terms and the applicable regulations.
Hellotickets may require the Affiliate to provide additional information, identification documents, tax data, certificates of tax residence, proof of ownership of Channels, traffic statistics, privacy policies, evidence of consent, invoices, bank information or any other documentation reasonably necessary for validation, payment, regulatory compliance or fraud investigation.
Failure to provide complete and truthful information may result in the suspension of the account, withholding of payments, cancellation of pending commissions, removal from the Program and a claim for damages.
5. Permitted channels, identification and control
The Affiliate may only promote Hellotickets through the Channels declared in the sign-up process and expressly or tacitly approved by Hellotickets. The use of any new Channel shall require prior notice and may be subject to approval.
The Affiliate’s Channels must be publicly available, transparently identify the party responsible for them, include sufficient legal and contact information, have a privacy and cookies policy where applicable, and maintain professional, lawful, up-to-date content consistent with the image of Hellotickets.
Hellotickets may require the removal, correction or modification of any content, link, claim, creative, advertisement, landing page, review, comparison, coupon, code, post or communication that it considers incorrect, outdated, misleading, unlawful, reputationally harmful or contrary to these Terms.
The Affiliate must comply with such instructions within the period indicated by Hellotickets or, if no period is indicated, within twenty-four (24) hours of receipt. In cases of urgency, fraud, trademark infringement, regulatory risk or risk to consumers, Hellotickets may demand immediate removal.
6. Hellotickets Content and license of use
During the term of its participation in the Program, Hellotickets grants the Affiliate a limited, non-exclusive, non-transferable, non-sublicensable, revocable, free-of-charge and worldwide license to use the Hellotickets Content exclusively for the purpose of promoting the Portal within the framework of the Program and in accordance with these Terms.
The Affiliate may not modify, adapt, translate, combine, crop, alter, redesign, overlay, animate, distort or create derivative works from the Hellotickets Content without the prior, express and written authorization of Hellotickets.
The Affiliate may not use the Hellotickets Content to promote products or services not available on the Portal, redirect traffic to sites other than the Portal, advertise non-existent offers, alter prices, conceal conditions, present unverified availability or claim the status of seller, official supplier, organizer, exclusive partner or official sales channel if it does not hold such status.
All goodwill, reputation, notoriety or advantage derived from the use of Hellotickets’ trademarks and assets shall inure exclusively to the benefit of Hellotickets. The Affiliate shall not acquire any right over such trademarks, domains, trade names, content, databases, technology or materials.
The Affiliate must immediately cease using the Hellotickets Content and remove links, creatives and references when requested by Hellotickets, when the Program ceases to be active or when its participation ends.
7. General promotion rules
The Affiliate must promote Hellotickets in an honest, professional, transparent and fair manner and in compliance with the applicable regulations on advertising, consumers, unfair competition, information society services, data protection, cookies, intellectual and industrial property, image rights, digital platforms, social media and third-party terms.
All commercial communications must be clearly identifiable as advertising or promotional communications where applicable. In particular, the Affiliate must disclose in a visible and understandable manner the existence of affiliate links, economic relationship, commission or incentive, using wording appropriate to the channel, such as “affiliate link”, “advertising”, “commercial collaboration” or equivalent.
The Affiliate may not make false, inaccurate, unverifiable, ambiguous or misleading-by-omission statements about Hellotickets, prices, the face value of tickets, fees, availability, location, visibility, delivery, cancellation, refunds, the right of withdrawal, marketplace status, the identity of the seller, the nature of the service, reviews, rankings, guarantee of access or any other element relevant to the Customer’s economic decision.
When promoting tickets, events, activities or experiences, the Affiliate must take particular care not to lead users to believe that Hellotickets is necessarily the organizer, official promoter, official box office, primary seller or exclusive channel, unless such status is true and has been confirmed by Hellotickets for the specific offer.
The Affiliate may not publish prices, discounts, availability, locations, seats, cancellation conditions or promotional messages that are not current or that have not been obtained from an official source authorized by Hellotickets. If the Affiliate publishes dynamic information, it must update it as frequently as necessary or clearly indicate that it may vary and that the information displayed on the Portal at the time of completing the purchase prevails.
8. Prohibited activities
The Affiliate may not carry out, directly or indirectly, by itself or through third parties, any of the following activities:
a) Generating traffic, clicks, leads, bookings or sales through bots, automation, click farms, scripts, unauthorized incentivized traffic, forced traffic, misleading pop-ups, invisible iframes, automatic redirects, malware, adware, spyware, toolbars, unauthorized browser extensions or any mechanism not based on a real, conscious and voluntary action by the user.
b) Engaging in cookie stuffing, cookie dropping, overwriting, hijacking, click injection, click spamming, browsing interception, link spoofing, parameter manipulation, attribution modification, conversion fraud or any practice aimed at improperly appropriating a commission.
c) Making self-purchases, unauthorized test purchases, purchases with false data, purchases with stolen or questionable cards, coordinated purchases to generate commission, circular sales, manifestly low-quality traffic or transactions without real intent to consume.
d) Using coupons, discounts, promotional codes, leaked codes, employee codes, private codes, expired codes, codes not published by Hellotickets for the Program, coupon-scraping tools or unauthorized discount claims.
e) Promoting Hellotickets on coupon, cashback, loyalty or rewards sites, purely transactional comparison sites, deal-hunting communities, discount aggregators, browser extensions or automatic comparison tools without prior, express and written authorization. If any of these options is contemplated in the Affiliate’s sign-up process and the sign-up is approved by Hellotickets, this shall be deemed prior authorization.
f) Using trademarks, names, domains, subdomains, handles, social profiles, apps, metatags, keywords, advertisements or creatives that include “Hellotickets”, “Hello Tickets”, “Hello Ticket” or variations, typos, transliterations, confusingly similar terms or combinations with words such as “official”, “discount”, “coupon”, “cheap”, “customer service”, “refund”, “login”, “tickets” or equivalents, unless expressly authorized.
g) Bidding on search engines, social media, advertising marketplaces or any PPC platform for Hellotickets brand keywords, variations, misspellings, domains, group trademarks, URLs, protected terms or combinations that create confusion, unless with prior, express and written authorization.
h) Sending commercial communications by email, SMS, WhatsApp, direct messages, push notifications, calls, automations or equivalent channels on behalf of Hellotickets or promoting Hellotickets without a valid legal basis, without consent where required and without the prior authorization of Hellotickets.
i) Publishing content that is unlawful, violent, pornographic, discriminatory, defamatory, misleading, fraudulent, contrary to third-party rights, related to illegal activities, piracy, malware, weapons, drugs, unauthorized gambling, hate, harassment, harmful disinformation or any content that may damage the reputation of Hellotickets.
j) Copying, scraping, mass-extracting, republishing or exploiting databases, catalogues, prices, images, reviews, content, guides, descriptions, rankings, web architecture, code, metadata or information from the Portal without express authorization. If any of these options is contemplated in the Affiliate’s sign-up process and the sign-up is approved by Hellotickets, this shall be deemed prior authorization.
k) Impersonating Hellotickets, registering profiles or domains that appear to be official, creating fake login pages, requesting personal or payment data from users on behalf of Hellotickets, handling Customer incidents or interfering in the relationship between Hellotickets, Customers and Sellers.
l) Subcontracting, sublicensing, assigning, reselling or allowing access to the Program to sub-affiliates, networks, agencies, publishers, influencers or third parties without the prior, express and written authorization of Hellotickets.
9. Specific rules for SEM, PPC, paid social and keywords
Unless with prior, express and written authorization, all paid search, PPC, SEM, paid social, programmatic display or paid advertising activity that uses or takes advantage of trademarks, names, domains, trade names, variations, typos or terms confusable with Hellotickets is prohibited.
An Affiliate authorized to run paid campaigns must strictly comply with Hellotickets’ instructions, use only approved landing pages, not activate advertisements that appear to be from Hellotickets, not use visible Hellotickets URLs unless authorized, include the negative keywords indicated by Hellotickets and provide reasonable access to metrics, creatives and search terms.
Hellotickets may withdraw the authorization for SEM, PPC or paid social at any time, without needing to justify the decision, and may invalidate Transactions derived from campaigns that breach these Terms or Hellotickets’ instructions.
10. Influencers, social media, reviews and editorial content
Influencers, content creators, bloggers and media outlets must clearly identify the commercial or affiliate nature of their posts where there is remuneration, commission, incentive, free product, benefit, contractual relationship or any material connection with Hellotickets.
Reviews, recommendations, rankings, comparisons and opinions must be genuine, lawful, verifiable and not misleading. The Affiliate may not fabricate reviews, conceal relevant criteria, manipulate ratings, use false testimonials, publish experiences not personally lived as its own or present as neutral content that is economically conditioned.
The Affiliate shall be solely responsible for the content it publishes, including images, videos, music, event footage, third-party trademarks, image rights of individuals, organizers’ rights, tourism claims, statements about venues or locations or any other element subject to rights or regulation.
11. Tracking, attribution and cookies
Actions shall be recorded through the links, codes, cookies, pixels, parameters, server-to-server events or other mechanisms enabled by Hellotickets or by the Affiliate Platform. The Affiliate must use exclusively the links and materials provided or authorized.
Unless otherwise indicated in the Program description or in particular conditions, the attribution period shall be thirty (30) calendar days post-click. Attribution shall be carried out in accordance with the technical configuration of the Affiliate Platform, Hellotickets’ deduplication rules and the validation criteria set out in these Terms.
The existence of a click or a conversion in the Affiliate Platform panel does not by itself imply the definitive accrual of a commission. Every commission is subject to review, validation, absence of fraud, effective collection, non-cancellation and compliance with these Terms.
Hellotickets does not guarantee that all Actions will be recorded or attributed, especially where there are cookie blockers, consent refusals, browser restrictions, technical failures, privacy settings, regulatory changes, Affiliate errors, manipulated links, unqualified traffic or causes beyond Hellotickets’ reasonable control.
The Affiliate may not install cookies, pixels, identifiers or similar technologies on behalf of Hellotickets, nor activate tracking tools on its Channels without complying with the applicable cookies, privacy and electronic communications regulations and without informing users and obtaining consent where required.
12. Deduplication and channel priority
Hellotickets may apply deduplication rules to avoid the duplicate payment of commissions where the same Transaction is attributable to several affiliates, networks, campaigns, coupons, internal channels, CRM campaigns, paid media, commercial agreements, direct traffic, organic traffic, technology providers or other sources.
Unless configured otherwise, Hellotickets may apply a last valid click criterion, provided that the last click is real, qualified, non-fraudulent and generated in compliance with these Terms. Hellotickets may exclude clicks that are merely opportunistic, from unauthorized coupons, browser extensions, checkout interception or traffic produced after the user was already in the purchase process.
No commission shall accrue where Hellotickets reasonably determines that the Transaction derives mainly from its own traffic, internal campaigns, pre-existing customers, claims from other channels, misuse of coupons, attribution errors, manipulation or breach.
13. Valid Transactions, Invalid Transactions and validation
Only Valid Transactions shall give the right to the accrual of commission. Hellotickets may review all Actions during the Validation Period and reject, cancel, adjust or hold as pending any Action that does not comply with these Terms.
Invalid Transactions shall include, among others, those that are cancelled, refunded, unpaid, rejected for fraud, subject to chargeback, duplicated, voided by the Seller, generated by technical errors, linked to false data, caused by unauthorized incentivized traffic, self-purchases, brand violations, unlawful communications or any breach of these Terms.
Hellotickets may request from the Affiliate explanations, logs, campaigns, URLs, screenshots, consents, statistics, contracts with third parties or evidence relating to an Action. Insufficient cooperation may justify the rejection of the Action and the suspension of payments.
Commissions initially approved may be subsequently reviewed if circumstances are detected which, had they been known during the Validation Period, would have led to their rejection, including fraud, chargebacks, late cancellations, consumer claims, advertising infringements, data infringements or attribution manipulation.
14. Commissions, calculation base and modifications
The applicable commission shall be the one communicated in the Affiliate Platform, the Program description, particular conditions or a written communication from Hellotickets.
Hellotickets may establish different commissions by category, country, language, product, event, supplier, type of affiliate, volume, campaign, date, channel, device, new customer, returning customer, margin, availability or any other reasonable commercial criterion.
Commissions, bonuses, campaigns and economic conditions may be modified prospectively through publication in the Affiliate Platform, communication to the Affiliate or an update of these Terms. Unless otherwise indicated, modifications shall not affect Valid Transactions already approved and accrued before the effective date of the modification.
Commissions shall accrue on the entirety of the Commissionable Base. No commissions shall accrue on amounts that have not been effectively collected or that correspond to Invalid Transactions. If, after the approval of a commission, all or part of the amount paid by the Customer is subject to reimbursement, refund or chargeback, the commission shall be cancelled or adjusted proportionally, as applicable. Bonuses, premium commissions or volume incentives shall only be payable when the requirements communicated by Hellotickets have been fully met and there is no breach, fraud, manipulation, unqualified traffic or pending claim.
15. Invoicing, payment, taxes and withholdings
The payment of commissions shall require that the commission be approved, due, not under review, not withheld due to an investigation, that the minimum payment threshold be reached and that the Affiliate has provided correct tax, banking and invoicing details.
Unless configured otherwise, approved commissions shall be settled monthly and paid in accordance with the payment cycles of the Affiliate Platform or, failing that, within the month following their final approval, provided that the Affiliate has issued a valid invoice where required.
The Affiliate shall be responsible for declaring, settling and paying all taxes, social security contributions, fees, accounting obligations, registrations, tax registration obligations and other charges arising from the commissions received. Hellotickets may apply the legally required withholdings and request reasonable tax documentation.
Hellotickets shall not be liable for delays or failed payments arising from incorrect bank details, missing invoices, tax errors, fraud prevention controls, sanctions, restricted lists, Affiliate Platform issues or breaches by the Affiliate.
Pending amounts below the minimum threshold shall accumulate for subsequent cycles. If the account remains inactive for twelve (12) months or is terminated due to serious breach, Hellotickets may close the balance in accordance with the applicable regulations and the rules of the Affiliate Platform.
16. Withholding, set-off, clawback and fraud
Hellotickets may withhold payments, suspend settlements, block accounts, adjust amounts, set off balances, claim the return of commissions and cancel pending commissions where there are reasonable indications of fraud, breach, unqualified traffic, claims, chargebacks, regulatory infringements, unauthorized use of trademarks, data incidents or an ongoing investigation.
If Hellotickets has paid a commission that subsequently proves to be associated with an Invalid Transaction or a breach, the Affiliate must return it within ten (10) calendar days of the request, without prejudice to Hellotickets’ right to set it off against future amounts.
In the event of fraud, deliberate manipulation, spam, impersonation, serious trademark infringement, data infringement, artificial traffic or material breach, Hellotickets may cancel all pending commissions, demand the return of paid commissions related to the conduct and claim damages, costs, penalties, defense expenses and reputational harm.
17. Relationship with Customers, Sellers and organizers
The Affiliate may not contact Hellotickets Customers to handle orders, changes, deliveries, access, incidents, claims, cancellations, refunds or personal data, unless with the express written authorization of Hellotickets.
If a Customer contacts the Affiliate regarding a matter related to a purchase, booking, ticket, event, activity, delivery or claim, the Affiliate must refer them to Hellotickets’ official customer service channels and refrain from giving unauthorized instructions, guarantees or commitments.
The Affiliate may not contact Sellers, organizers, venues, promoters, teams, artists, suppliers or third parties related to Portal inventory on behalf of Hellotickets, nor interfere in Hellotickets’ commercial relationships.
The Affiliate acknowledges that certain services, tickets and activities may be subject to third-party conditions, limited availability, changes, access restrictions, specific cancellation policies and exceptions to the right of withdrawal where legally applicable.
18. Data protection, cookies and commercial communications
Each party shall be an independent controller of the personal data processing it carries out for its own purposes, unless the parties enter into a specific data processor or joint controllership agreement.
The Affiliate must comply with the GDPR, the Spanish Data Protection and Digital Rights Act (LOPDGDD), the Spanish Information Society Services Act (LSSI-CE), ePrivacy regulations, cookies regulations, the guidelines of supervisory authorities and any other regulations applicable to its Channels, databases, communications, analytics, behavioral advertising, pixels, audiences, retargeting and measurement.
The Affiliate must clearly inform about the use of affiliate links, tracking technologies, cookies or identifiers where applicable, obtain prior consent where required and retain sufficient proof of such consent.
The Affiliate may not send electronic commercial communications promoting Hellotickets unless it has the prior authorization of Hellotickets and a valid legal basis. In particular, it must evidence consent or the applicable legal exception, provide opt-out mechanisms, identify the communication as commercial and not conceal its identity.
The Affiliate may not create, enrich, assign, sell, share or exploit databases of Hellotickets Customers, nor incorporate Hellotickets pixels or audiences into its own platforms without express authorization.
Any security incident, claim, exercise of rights, investigation by an authority, breach, unauthorized access or irregular processing related to the Program must be reported to Hellotickets without undue delay and, in any event, within twenty-four (24) hours of becoming aware of it.
19. Advertising compliance, consumers and digital platforms
The Affiliate must comply with consumer, advertising and unfair competition regulations, avoiding misleading practices, material omissions, confusion about the identity of the advertiser, undue pressure, false urgency, false limitations of availability, unverifiable comparisons, unsubstantiated savings claims and any practice that may unfairly distort the economic behavior of users.
Where the Affiliate publishes monetized comparisons, rankings, recommendations or editorial content, it must sufficiently disclose the relevant criteria that may influence the presentation, especially if the commission, remuneration or commercial relationship affects the order, selection or visibility of the content.
The Affiliate must comply with the rules of the platforms, social networks, search engines, marketplaces, email marketing tools, app stores and third-party services it uses. The suspension, penalization or closure of the Affiliate’s accounts due to breaches shall not affect Hellotickets’ rights.
20. Confidentiality
The following shall be considered confidential: commissions, particular conditions, statistics, conversions, campaigns, non-public creatives, business information, technical information, Customer data, strategies, documentation, credentials, panels, reports and any non-public information communicated by Hellotickets or accessible by reason of the Program.
The Affiliate may not disclose, publish, share, exploit or allow third-party access to Confidential Information without the prior written authorization of Hellotickets, except where required by law or by order of a competent authority.
Confidentiality obligations shall remain in force during participation in the Program and for five (5) years after its termination, without prejudice to trade secrets and legally protected information having to remain confidential for as long as they retain such status.
21. Audit and preservation of evidence
The Affiliate must retain, for at least three (3) years, sufficient evidence of its campaigns, channels, consents, creatives, publications, commercial communications, traffic sources, search terms, targeting, URLs, invoices and documentation related to the Actions generated.
Hellotickets may request such documentation where reasonably necessary to verify compliance with these Terms, investigate fraud, respond to claims, evidence regulatory compliance or defend its rights before third parties or authorities.
Unjustified refusal, delay, incomplete documentation or inconsistent evidence may justify the suspension of the account, the rejection of Transactions and the withholding of payments.
22. Suspension, withdrawal and termination
The Affiliate may cease to participate in the Program at any time by ceasing promotion and requesting removal through the Affiliate Platform or by written communication to Hellotickets.
Hellotickets may suspend, limit or terminate the Affiliate’s participation, in whole or in part, at any time and with immediate effect where there is a breach, reasonable suspicion of fraud, legal risk, reputational risk, inactivity, unqualified traffic, breach of platform policies, misuse of trademarks, data issues, Customer claims or any reasonable cause related to the protection of the Program.
Hellotickets may likewise cancel, suspend, migrate or modify the Program, its campaigns, categories, commissions, attribution rules, technology platforms, territories, languages, materials or conditions, through publication or reasonable communication where appropriate.
Termination shall not affect rights and obligations arising beforehand, nor the clauses which by their nature should survive, including confidentiality, intellectual property, data, liability, indemnity, clawback, audit, governing law and jurisdiction.
23. Effects of termination
Following suspension, withdrawal or termination, the Affiliate must immediately cease all promotion of Hellotickets and remove links, creatives, trademarks, codes, coupons, claims, landing pages, unauthorized profiles and any Hellotickets Content from its Channels.
Actions subsequent to termination shall not generate any right to commission. Pending commissions prior to termination shall only be payable if they correspond to Valid Transactions, have been definitively approved, are not subject to investigation, do not derive from a breach and the payment requirements are met.
Termination due to fraud, serious infringement, misuse of trademarks, spam, data infringement, artificial traffic or material breach shall entitle Hellotickets to cancel pending commissions and claim their return, as well as damages, penalties, costs and reasonable expenses.
24. Liability and indemnity
The Affiliate shall be responsible for its Channels, content, campaigns, data, communications, suppliers, subcontractors, employees, collaborators, influencers, agencies, tools and any third parties it uses to participate in the Program.
The Affiliate shall hold harmless Hellotickets, its group companies, directors, employees, representatives, Sellers and suppliers against any claim, penalty, investigation, damage, loss, cost, expense, fee, compensation or liability arising from breaches by the Affiliate, unlawful advertising, unfair practices, consumer infringements, data infringements, cookies, spam, intellectual or industrial property infringements, misuse of trademarks, impersonation, fraud, artificial traffic or the actions of third parties engaged by the Affiliate.
To the maximum extent permitted by law, Hellotickets shall not be liable to the Affiliate for loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, reputational damage, indirect, special, punitive or consequential damages, nor for interruptions, tracking errors, platform changes, changes in third-party policies, cookie restrictions, blockers, Portal outages or Hellotickets’ commercial decisions.
Hellotickets’ total aggregate liability to the Affiliate for any matter related to the Program shall be limited to the amount of the commissions effectively paid to the Affiliate during the six (6) months preceding the event giving rise to the claim, except in cases of willful misconduct, liability that cannot legally be limited, or liquid, due and payable amounts expressly acknowledged by Hellotickets.
25. Availability of the Program and the Platform
The Program, the Portal, the Affiliate Platform, links, feeds, APIs, panels, reporting and tools are provided “as is” and subject to availability, without any guarantee of continuity, absence of errors, compatibility, minimum results, traffic volume, conversions, revenue, inventory availability or profitability.
Hellotickets may carry out maintenance, technical changes, migrations, campaign pauses, geographic restrictions, anti-fraud blocks, tracking changes or interruptions where reasonably necessary to operate the Program, comply with regulations, protect its business or meet third-party requirements.
26. Modification of the Terms
Hellotickets may modify these Terms, the Program description, particular conditions, commissions, operating rules and applicable policies through publication in the Affiliate Platform, electronic communication or any reasonable means.
The Affiliate’s continued participation after the effective date of the modification shall imply acceptance of the new version. If the Affiliate does not accept the modifications, it must cease promotion and request removal from the Program before generating new Actions.
Hellotickets shall retain reasonable versions of these Terms in order to be able to evidence the version applicable to each period where necessary.
27. Assignment, sub-affiliation and third parties
The Affiliate may not assign, transfer, sublicense, subcontract, delegate or allow third-party access to the Program without the prior, express and written authorization of Hellotickets.
The authorization of sub-affiliates, agencies, networks, influencers, collaborators or third parties shall not release the Affiliate, who shall be jointly and severally liable to Hellotickets for all their acts, omissions, content, traffic, breaches and damages.
Hellotickets may assign these Terms or its position in the Program to any group company, business acquirer, successor, technology platform or third party that takes over the management of the Program, notifying the Affiliate where reasonable.
28. Ethical compliance, sanctions and fraud prevention
The Affiliate must comply with the applicable regulations on the prevention of corruption, anti-money laundering where applicable, international sanctions, export controls, taxation, information security and fair commercial practices.
The Affiliate warrants that neither it nor its beneficial owners, directors or relevant persons are subject to sanctions, restrictions, contracting prohibitions or circumstances that legally prevent participation in the Program or the receipt of payments.
Hellotickets may carry out reasonable fraud, KYC, KYB, restricted-list, reputation, traffic and quality checks before approving accounts, validating commissions or making payments.
29. Notices
Communications relating to the Program may be made through the Affiliate Platform, email, the Affiliate panel, internal notifications or any other reasonable means indicated by Hellotickets.
The Affiliate must keep its contact details up to date. Communications sent to the details provided by the Affiliate shall be deemed validly made, except in the case of an error attributable to Hellotickets.
30. Partial invalidity, entire agreement and no waiver
If any provision of these Terms is declared null, invalid or unenforceable, such provision shall be interpreted or replaced by a valid one that comes as close as possible to its economic and legal purpose, without affecting the remaining provisions.
The failure or delay by Hellotickets in exercising a right shall not constitute a waiver of such right nor prevent its subsequent exercise.
These Terms, together with the Program description, particular conditions, the rules of the Affiliate Platform and accepted instructions, constitute the complete framework applicable to the Affiliate’s participation in the Program.
31. Governing law and jurisdiction
These Terms shall be governed by ordinary Spanish law, without prejudice to any mandatory rules that may apply.
The parties submit, expressly waiving any other forum to which they may be entitled, to the Courts and Tribunals of the city of Madrid for the resolution of any dispute arising from these Terms or the Program, unless a mandatory rule establishes a different forum.