PARTNER AGREEMENT

This Agreement is made the day of application by and between

Promociones Torre-Vacaciones S.L., a company incorporated in and according to the laws of Europe whose registered office is at Avda. Henri Matisse, 48A, El Chaparral, 03180, Torrevieja, Alicante, Spain, hereinafter referred to as "Torre-Vacaciones", and "You" or "the Partner"

WHEREAS

Torre-Vacaciones has developed and operates a service, which allows You to earn money by advertising a website provided by us and by placing links on Your website to one or several websites, connected to Torre-Vacaciones.
In order to use the service You must accept the conditions of this Agreement and become authorised as an "Partner". Please read this Agreement carefully. By clicking on the "Register" button You accept the conditions of this Agreement. You are not allowed to use the service if You do not accept the provisions of this Agreement.
You must be accepted by Torre-Vacaciones before you can become an Partner. You will be informed via e-mail by Torre-Vacaciones when You have been accepted as an Partner.
Now therefore, You hereto agree to the following bindings terms of the agreement.

Definitions
The following terms when used in this Agreement shall have the following meanings:
"Linked Website" - means a Website to which the Partner has placed a link on his website and which is connected to an Partner Program registered at Torre-Vacaciones.
"Visitor" - means any person who clicks on a link placed on the Partner's website and thereby is connected to a Linked Website.
"Click" - means a click by a Visitor on a link on the Partner's website serving a Linked Website to the Visitor's browser.
"Lead" - means a Visitor who is connected to a Linked Website by the Partner and who has completed a definite act at the Linked Website, for example made a registration as a user.
"Transaction/sale" - means a Visitor who is connected to a Linked Website by the Partner and who has completed an agreement to buy a product, service or anything else supplied on the Linked Website.
"Traffic" - is a collective term for valid Clicks, Leads and Transactions/sales.
"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.
"Partner Program" - is a program owned and operated by Torre-Vacaciones for a company on Torre-Vacaciones's website which the Partner can join.
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.

The Service
The Partner is allowed to place links on his website to websites which have an Partner Program registered at Torre-Vacaciones
The Partner is allowed to place links in emails to websites which have an Partner Program registered at Torre-Vacaciones.
Any Partner Program may be amended or terminated at any time. Information about the Partner Programs will be available on Torre-Vacaciones's website, www.spanishpropertystore.com. The Partner must keep himself informed of any amendments of Partner Programs, though Torre-Vacaciones reserve the right to change these terms at any time without notification. The Partner must comply with the requirements of the Partner Programme including in particular any stipulations as to the nature and content of the Partner's web site and the use of third party or other Partners trade marks and logos.
Torre-Vacaciones reserves the right to modify, amend, change or terminate Torre-Vacaciones's service. The Partner will be notified of all such changes by e-mail or by an announcement on Torre-Vacaciones's website, though Torre-Vacaciones reserve the right to change these terms without notice. If the Partner does not accept the changes the Partner must immediately cease to use the service and delete all links to Linked Websites.

Obligations of the Partner
The Partner is solely responsible for his own website and its contents and shall ensure that they conform at all times to all applicable laws and regulations.
The Partner hereby undertakes to comply with all applicable EU- and national laws and regulations in force from time to time including, but not limited to, the EU-directive 2002/58/EC.
If the Partner is a natural person he must be at least 18 years of age. If the Partner has not reached the age of 18 a parent must give his consent to the registration to Torre-Vacaciones's service and the registration of an Partner below the age of 18 without parental consent will be ineffective.
The Partner warrants that the information furnished to Torre-Vacaciones about himself and his website is correct, complete and sent in due order and that the information corresponds to actual facts. The Partner must notify Torre-Vacaciones immediately of any changes in the information by updating the information about him by notice of e-mail. If the Partner is a limited company Torre-Vacaciones must be provided with the Partner's full registered name, company registration number, registered office, trading address if different and VAT number if registered.
The Partner warrants either that the rights to all information and productions on the Partner's own website belong to the Partner or that the owner of the rights to the information and productions on the Partner's website has given his explicit permission to their publication there. The Partner also warrants that the information and productions on the Partner's own 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.
The Partner must not in any way generate or contribute to generating Artificial Traffic to Linked Websites.
The Partner must notify Torre-Vacaciones immediately of any known or suspected improper or wrongful use of the Partner's links to Torre-Vacaciones's website and/or an Partner Program or of Torre-Vacaciones's service in any way whatsoever.

Obligations of Torre-Vacaciones
Torre-Vacaciones undertakes to monitor and register the Traffic generated by the Partner's own website to Linked Websites, in accordance with the service provided by Torre-Vacaciones.
Torre-Vacaciones will collect and pay to the Partner all amounts due to him arising from this Agreement.

Remuneration
The conditions of remuneration shall apply at all times. The Partner therefore agrees to "self-billing", which means that Torre-Vacaciones will create the invoice on behalf of the Partner. VAT (if applicable) is added to the remuneration shown on Torre-Vacaciones's website.
Subject to these terms, payment of accumulated remuneration to the Partner shall be made monthly in arrears provided that the Partner has generated valid Traffic and that Torre-Vacaciones has received payment from each company with whose Partner Program the Partner has registered. Payment is only made post a completed sale of our products or services.
Payment of remuneration will only be made if two months prior to the payment date the Partner is due an amount of at least £50 and if Torre-Vacaciones has received full payment for these transactions. An amount due of less than £50 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 £50 is due two months prior to that payment date. All payments are calculated upon the total Traffic generated up to the end of two months prior to the month of payment. Accumulated amounts do not accrue any interest.
Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between Torre-Vacaciones and the Partner.
Payment to the Partner will be made direct to the Partner's bank account or via PayPal. The Partner must specify upon acceptance, details of his bank account (including name and branch of the bank, sort code of the branch and the Partner's account number).
The Partner is responsible for the payment of all tax and national insurance payable on any payments made to him by Torre-Vacaciones. Documentation on taxable earnings will be required by Torre-Vacaciones or tax may be liable in Spain, proir to commission release. This can be advised on an individual basis.

Limits on Torre-Vacaciones's Liability
Torre-Vacaciones cannot guarantee or warrant the performance of Torre-Vacaciones's service or the links or any linked websites.
Torre-Vacaciones shall not be liable for costs and damages incurred by the Partner arising out of this Agreement. Torre-Vacaciones shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Partner for any reason whatsoever.
Torre-Vacaciones 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 Torre-Vacaciones's service or for any damage caused by viruses or components to the service, the Partners software and/or the Partner's website. Torre-Vacaciones shall not be liable for any error in the implementation of the links on the Partner's website or for the specified function of the links.

Term and Termination
This Agreement shall come into force upon Your acceptance as an Partner and shall remain in effect until terminated.
The Partner is entitled to terminate this Agreement with immediate effect at any time. The Partner must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites.
Torre-Vacaciones is entitled to terminate this Agreement and/or suspend the Partner from Torre-Vacaciones's service or from a certain company's Partner Program if:
Torre-Vacaciones considers the Partner or the content of his website inappropriate in any way.
The Partner acts fraudulently or illegally in any way or the Partner generates or tries to generate Artificial Traffic to Linked Websites or the Partner in any other way breaches any of the provisions of this Agreement.
The Partner does not comply with any law or regulation as set out in section 3.2
The Partner has not generated any Traffic for a period of three (3) months.
Upon suspension of the Partner, the Partner shall immediately delete all links to that web site.
Upon termination of this Agreement, Torre-Vacaciones shall inform the Partner immediately through Torre-Vacaciones's e-mail and the Partner shall immediately cease to use the service and delete all links to Linked Websites.
This Agreement expires immediately on termination and no remuneration will be paid to the Partner for the Partner Program or Programs in question.
Indemnity
The Partner shall keep Torre-Vacaciones indemnified against any claims for damages or other claims for compensation arising from the contents of the Partner's website or any incorrect information given to Torre-Vacaciones by the Partner. The Partner shall also compensate Torre-Vacaciones for any other damages or costs caused by the Partner's improper, negligent or unauthorised use of Torre-Vacaciones's service and technical problems or loss of data caused by the Partner on Torre-Vacaciones's website or on any website to which the Partner is linked by Torre-Vacaciones.

Assignment of the Agreement
The Partner 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 Torre-Vacaciones. The Partner agrees that Torre-Vacaciones may assign its rights and obligations under this Agreement and divulge or transfer information about the Partner's website, e-mail etc to any third party.

Consent
The Partner consents to the publication of the Partner's name and web address etc at Torre-Vacaciones's website and to Torre-Vacaciones sending newsletters etc to the Partner's e-mail address and using the information given by the Partner for marketing purposes.

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.

Intellectual Property Rights
Torre-Vacaciones owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Partner does not acquire any rights or licences whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.

Applicable Law
Torre-Vacaciones shall not be liable for the legality of Torre-Vacaciones's service in countries other than those Torre-Vacaciones operate in. The Partner is solely responsible for the legality of the use of the service if the Partner is registered to Torre-Vacaciones's service from a country other than those Torre-Vacaciones operate in or if the Partner's website is on a server in a country other than those Torre-Vacaciones operate in.
This Agreement shall be governed by, and construed in accordance with the laws of England and Europe.
If any dispute arises out of this Agreement the Parties will attempt to settle it by mediation in accordance with the Model Mediation Procedure of the Centre for Dispute Resolution ('CEDR') or such other mediation procedure as the parties may agree in writing.
To initiate the mediation one Party must give notice in writing ('the ADR Notice') to the other Party requesting a mediation in accordance with this clause. The mediation is to take place not later 28 days after the giving of the ADR Notice. If there is any issue upon which the Parties cannot agree within 14 days after the giving of the ADR Notice, CEDR (or such other mediation body as the Parties may have agreed) will, at the request of either Party, decide the issue for the Parties, having consulted with them.