These Agency Partner Program Terms (the "Program Terms") govern participation in the Sellintu referral program for agencies and consultancies (the "Program"). They form a binding agreement between SISTEMAS DIGITALES Y DE DATOS SL ("Sellintu", "we", "us"), NIF B22771505, and the agency accepting these Program Terms (the "Partner", "you"). By enrolling in the Program, registering a referral, or accepting these Program Terms, you agree to them. If you are accepting on behalf of an organization, you represent that you have authority to bind it.
These Program Terms supplement our Terms of Service (the "Main Terms") and Privacy Policy, which are incorporated by reference. Capitalized terms not defined here have the meaning given in the Main Terms. The Program is intended solely for businesses and is not directed to consumers.
1. The Program
1.1 Referral model. The Program is a referral program. You refer prospective customers to Sellintu. Sellintu, at its sole discretion, decides whether to contract with any referred prospect. Where a referral becomes a paying customer, Sellintu contracts with and invoices that customer directly, and you earn a commission as set out in Section 4. You do not resell the Service, set its price, or bill customers.
1.2 No authority. You have no authority to make representations, warranties, commitments, discounts, or agreements on Sellintu's behalf, or to collect payment for the Service. You will not hold yourself out as Sellintu's agent, reseller, or employee.
1.3 Non-exclusive. The Program is non-exclusive. Nothing prevents Sellintu from marketing to, contracting with, or receiving referrals for any customer or prospect, including through other partners or its own efforts.
2. Eligibility
To participate you must: (a) be a business (e.g., an agency, consultancy, or technology partner) acting in a professional capacity; (b) provide and maintain accurate enrolment, contact, tax, and payment details; (c) comply with these Program Terms, the Main Terms, and applicable law; and (d) not be a competitor of Sellintu, unless agreed in writing. Sellintu may approve or decline any applicant at its discretion.
3. Deal Registration and Attribution
3.1 Registration. Referrals are credited only through deal registration. You register a named prospect (company name and a business contact) by submitting it through the partner portal or by emailing [email protected] before the prospect has engaged with Sellintu.
3.2 Qualification. A prospect becomes a "Qualified Referral" only if Sellintu confirms in writing (email is sufficient) that the prospect: (a) is not already a Sellintu customer; (b) is not already in an active Sellintu sales process; and (c) has not already been registered by another partner. Sellintu will review registrations within [5] business days.
3.3 Priority and records. Where more than one party registers or claims the same prospect, priority goes to the first valid registration confirmed by Sellintu. Sellintu's records are determinative in any attribution question.
3.4 Registration window. A confirmed Qualified Referral remains credited to you for [90] days from confirmation. If the prospect becomes a paying customer within that window, it is a "Referred Customer". The window may be extended by written agreement (e.g., for active enterprise opportunities).
4. Commission
4.1 Rate. For each Referred Customer, Sellintu will pay you a commission equal to [20%] of the Net Subscription Fees actually received by Sellintu from that customer during the first [12 months] after the customer's first paid subscription payment (the "Commission Period").
4.2 Net Subscription Fees. "Net Subscription Fees" means recurring subscription fees for the Service's plans (e.g., Starter, Growth, Enterprise) actually paid by the Referred Customer and not refunded, excluding: taxes (VAT/GST); usage-based overage charges and one-off fees; amounts waived, discounted, or credited; chargebacks and bad debt; and third-party payment-processing fees. Fees are calculated in EUR.
4.3 Conditions. Commission accrues only on amounts actually collected and retained by Sellintu. No commission is payable on: your own purchases or those of your affiliates; self-referrals; customers acquired in breach of Section 7; or any period after this agreement is terminated for cause under Section 9.2.
5. Payment
5.1 Statements and invoicing. Sellintu will make a commission statement available [quarterly]. You will issue a valid invoice matching the statement, including any VAT and the tax details required for cross-border B2B services. Payment is due within 30 days of Sellintu's receipt of a valid invoice.
5.2 Threshold and method. Commissions are paid by bank transfer in EUR once your accrued, payable balance reaches at least [€50]. Amounts below the threshold roll over to the next period.
5.3 Clawback. If a Referred Customer obtains a refund, issues a chargeback, or an invoice is reversed after a related commission has accrued or been paid, Sellintu may reverse the corresponding commission and deduct it from current or future payments (or invoice you for it if no future payments are due).
5.4 Taxes. Commissions are inclusive of, and you are responsible for, your own taxes. You are solely responsible for your income, social, and similar taxes arising from participation in the Program.
6. Trademarks and Brand Use
Subject to these Program Terms, Sellintu grants you a limited, non-exclusive, revocable, non-transferable license to use Sellintu's name and logo solely to promote the Service and your participation in the Program, in accordance with any brand guidelines we provide. You will not alter the marks, use them in a misleading way, imply endorsement beyond the Program, or register confusingly similar marks or domains. All goodwill inures to Sellintu. This license ends automatically on termination.
7. Partner Conduct
You will not: (a) make false, misleading, or exaggerated claims about the Service, pricing, or results; (b) promise discounts, features, refunds, or service levels we have not authorized; (c) send spam or market in breach of applicable e-privacy, GDPR, or anti-spam laws, and you will clearly disclose your affiliate relationship where required; (d) bid on, or use in paid search, Sellintu trademarks or confusingly similar terms, or operate misleading domains, ads, or look-alike sites; (e) generate referrals through fraud, incentivized sign-ups, cookie-stuffing, or self-dealing; or (f) interfere with Sellintu's relationship with any customer.
8. Confidentiality and Data Protection
8.1 Confidentiality. Section 8 (Confidentiality) of the Main Terms applies to information exchanged under the Program, including prospect, customer, and commercial information.
8.2 Data protection. Each party will comply with applicable data protection laws. You confirm you have a lawful basis to share any personal data (e.g., a prospect's business-contact details) that you submit for registration, and you act as an independent controller of your own marketing and prospect data. Our Privacy Policy describes how we process such data.
9. Term and Termination
9.1 Term. These Program Terms apply while you participate in the Program. Either party may terminate for convenience on [30 days’] written notice.
9.2 Termination for cause. Sellintu may suspend or terminate your participation immediately for (a) breach of these Program Terms, the Main Terms, or the AUP; (b) fraud or misrepresentation; (c) misuse of our brand; or (d) conduct that may harm Sellintu or its customers.
9.3 Effect. On termination you will stop using Sellintu's marks and representing yourself as a partner. If termination is for convenience or by you, commissions for Referred Customers converted before termination continue for the remainder of their Commission Period. If Sellintu terminates for cause under Section 9.2, all unpaid commissions are forfeited. Sections 4–6 and 8–11 survive as applicable.
10. No Guarantee; Disclaimers; Liability
Sellintu does not guarantee any number of referrals, conversions, or amount of commission, and has sole discretion over whether to accept any customer, and over its products, pricing, and roadmap. The Program is provided "as is". The disclaimers and limitation of liability in Sections 10 and 11 of the Main Terms apply to the Program. Without limiting them, Sellintu's total liability arising out of the Program will not exceed the total commissions paid to you in the 12 months before the event giving rise to liability.
11. General
- 11.1 Independent contractors. The parties are independent contractors. No agency, partnership, employment, joint venture, or franchise is created.
- 11.2 Changes to the Program. Sellintu may modify these Program Terms, commission rates, or the Program on [30 days’] notice. Changes apply prospectively; commissions already accrued for existing Referred Customers are honored on the terms in effect when they qualified.
- 11.3 Order of precedence. For Program matters, these Program Terms control over the Main Terms in the event of a conflict; otherwise the Main Terms govern.
- 11.4 Assignment. You may not assign these Program Terms without Sellintu's prior written consent. Sellintu may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
- 11.5 Notices. Legal notices to Sellintu must be sent to [email protected] with a copy by mail to: SISTEMAS DIGITALES Y DE DATOS SL, Calle Madreselva, 144 Ponferrada LE ES, Spain.
- 11.6 Governing law; venue. These Program Terms are governed by the laws of Spain, excluding conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of Ponferrada, Spain for any dispute arising out of or relating to the Program.
- 11.7 Entire agreement. These Program Terms together with the Main Terms and Privacy Policy constitute the entire agreement regarding the Program and supersede prior discussions. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will stay in effect.