Affiliate Program Terms

These Affiliate Program Terms (“Terms”) govern your participation in the affiliate program (“Program”) operated by RED POINTS SOLUTIONS, S.L. (“Red Points”), a company incorporated under the laws of Spain (“Red Points,” “we,” “our,” or “us”).
By applying to or participating in the Program, you (“Affiliate,” “you,” or “your”) agree to be bound by these Terms. These Terms are incorporated by reference into Red Points’ general Terms and Conditions and Privacy Policy.
Red Points reserves the right to modify or terminate the Program, or these Terms, at any time.

1. Eligibility

  1. The Program is open only to companies legally established and operating in the following jurisdictions:
    • United States
    • Canada
    • European Union
    • United Kingdom
    • Australia
  2. Participation is subject to Red Points’s review and approval. You may be required to submit your website and a short explanation of how you intend to promote your referral link.

2. How the Program Works

  1. Once approved, you will receive a unique referral link to share with potential clients.
  2. Referrals must use your unique referral link to be tracked and attributed to you. Referrals submitted through other means will not be considered valid.
  3. A referral will be considered a “Qualified Referral” only if:
    • The referred company passes Red Points’s internal qualification process.
    • The referred company signs a minimum 12-month contract with Red Points.
    • The referred company is not an existing client, former client, or previously in contact with our sales team within the last 120 days.
  4. Red Points retains sole discretion to determine whether a referred lead qualifies under these Terms.

3. Affiliate Bonus

  1. For each Qualified Referral, the Affiliate will be entitled to:
    • A one-time flat fee of $1,500 USD.
    • 10% of the Monthly Recurring Revenue (MRR) generated by the Qualified Referral during the first 12 months of the contract.
  2. The total bonus paid for any single Qualified Referral is capped at $10,000 USD.
  3. The $1,500 USD flat fee will be paid two (2) months after the referred client signs the contract, provided the client has not defaulted during that period.
  4. The 10% of MRR generated by the referred client during the first 12 months of their contract will be paid after the 12-month period is completed, provided the client has remained active and up-to-date with all the payments throughout.
  5. Payment will be made against an invoice issued by the Affiliate, subject to applicable taxes as described in Section 4.

4. Taxes and Invoicing

  1. Affiliates must issue a valid invoice in order to receive any bonus payment. Red Points may request proof of registration or tax residency, as applicable.
  2. If you are based in the EU and registered for VAT, your invoice must include your VAT number and apply the reverse charge mechanism, in accordance with Article 196 of Directive 2006/112/EC.
  3. Affiliates located outside the EU are responsible for ensuring compliance with applicable tax obligations in their jurisdiction.
  4. Red Points will not be responsible for any taxes, charges, or duties owed by Affiliates in connection with Program earnings.

5. Limitations and Disqualifications

  1. Referrals will not be accepted if:
    • The referred company is already in contact with Red Points or has an active sales opportunity.
    • The referred company is affiliated with the Affiliate (e.g., subsidiaries, holding companies).
    • The Affiliate attempts to refer its own company, or a company under its control.
  2. Red Points may reject or revoke participation at any time in the case of suspected fraud, misrepresentation, or breach of these Terms.
  3. Affiliates may not represent themselves as agents, employees, or representatives of Red Points.

6. Relationship of the Parties

  1. You participate in the Program as an independent contractor. Nothing in these Terms creates a relationship of agency, partnership, or employment between you and Red Points.
  2. You have no authority to bind Red Points in any contract or representation.

7. Limitation of Liability

  1. Red Points will not be liable for any indirect, incidental, special, or consequential damages arising from or related to the Program, even if advised of the possibility of such damages.
  2. Red Points’s total liability for any claim arising from your participation in the Program shall not exceed the total amount paid to you under these Terms.

8. Governing Law and Jurisdiction

  1. These Terms shall be governed by and construed in accordance with the laws of Spain.
  2. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.

9. Data Protection and Confidenciality

9.1. Data Protection

The Parties acknowledge and agree that, in the performance of this Agreement, they may process personal data as defined by the General Data Protection Regulation (GDPR) (EU) 2016/679. Each Party shall comply with all applicable data protection laws and regulations, including but not limited to the GDPR, regarding the processing of such personal data.
Specifically, each Party undertakes to:

  • Process personal data lawfully, fairly, and transparently.
  • Collect personal data for specified, explicit, and legitimate purposes and not further process it in a manner that is incompatible with those purposes.
  • Ensure that personal data is adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.
  • Take every reasonable step to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay.
  • Keep personal data in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
  • Process personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
  • Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including measures to protect against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed.
  • Assist the other Party in ensuring compliance with the obligations under Articles 32 to 36 of the GDPR (e.g., security of processing, data breach notification, data protection impact assessments, and prior consultation).
  • Promptly notify the other Party of any personal data breach.

9.2. Confidentiality

Each Party acknowledges that it may have access to confidential information, including but not limited to business, technical, and financial information, customer data, and trade secrets, belonging to the other Party. Both Parties agree to:

 

  • Maintain all confidential information in strict confidence and use it solely for the purpose of fulfilling their obligations under this Agreement.
  • Not disclose, reproduce, or otherwise make available any confidential information to any third party without the prior written consent of the disclosing Party.
  • Take all reasonable measures to protect the confidentiality of the information, no less stringent than those used to protect their own confidential information.
  • Ensure that their employees, agents, and subcontractors who have access to confidential information are bound by obligations of confidentiality no less protective than those set forth herein.
  • Return or destroy all confidential information, including all copies thereof, upon the termination or expiration of this Agreement, or at the request of the disclosing Party.

This clause shall survive the termination or expiration of this Agreement.

10. Intellectual Property

  1. Exclusive Ownership. Each Party retains all exclusive rights and ownership of its own intellectual property (IP), including but not limited to copyrights, trademarks, patents, trade secrets, and proprietary information, whether existing prior to or developed independently of this Agreement.
  2. No License or Right of Use. Unless expressly and specifically granted in a separate, written agreement signed by both Parties, no license, right, or permission to use, reproduce, modify, distribute, or display any of the other Party’s IP is granted or implied by this Agreement. Any unauthorized use of the other Party’s IP is strictly prohibited.
  3. Protection of IP. Both Parties agree to take all reasonable steps to protect the other’s IP from unauthorized use, disclosure, or infringement. If either Party becomes aware of any actual or suspected unauthorized use of the other’s IP, they will promptly notify the IP owner and cooperate in any necessary actions to protect those rights.

11. Contact

If you have any questions about the Program or these Terms, you may contact us at:
marketing@redpoints.com

These Terms constitute the entire agreement between the Parties and there are no oral or other representations regarding the subject matter thereof that are binding on either Party. Capitalized terms not defined herein shall have the meaning defined in the Terms and Conditions.