Affiliate Program Terms

1. Identification of the Parties and purpose

1.1. These Conditions govern participation in the Growwer affiliate program (the Program). The parties involved are: (a) Virality Media, S.L. (the Owner), with Tax ID (NIF) B66710815 and registered office at Carretera Esplugues 47, Esc. D, 5-1, Cornellà de Llobregat 08940, Barcelona, owner of the Marketplace accessible at https://growwer.com/; and (b) the User who joins the Program (the Affiliate), an individual of legal age or a legal entity duly registered on the Marketplace who distributes their affiliate link freely and voluntarily.

1.2. The purpose of these Conditions is to establish the framework under which the Affiliate promotes Growwer by means of a personal tracking link (the Affiliate Link) and receives, where applicable, a commission for the Users who register through that link (the Referrals).

1.3. The Affiliate acts on their own behalf and independently. These Conditions do not create any employment, corporate, agency, franchise, or representation relationship between the Affiliate and the Owner, nor do they entitle the Affiliate to undertake obligations on behalf of Growwer. Under the Consumers and Users Act, Affiliates do not qualify as consumers or users within the scope of the Program.

2. Joining the Program and acceptance

2.1. To take part in the Program, an active Growwer account is required, together with express acceptance of these Conditions by ticking the checkbox established for this purpose, which is unchecked by default. Acceptance implies having fully read and understood this Section and the rest of the Legal Notices.

2.2. Joining the Program is free of charge. The Owner reserves the right of admission and may deny or revoke access to the Program on justified grounds, in particular where there are indications of fraud, prior breach, or reputational risk.

2.3. The Affiliate is responsible for the truthfulness and updating of the data provided, as well as for safeguarding their access credentials.

3. Affiliate Link, cookie, and Referral attribution

3.1. Affiliate Link. The Owner makes available to the Affiliate a personal and non-transferable link that identifies the Users who access Growwer through it. The Affiliate Link may not be assigned, resold, or used by third parties other than the Affiliate.

3.2. Tracking cookie. Attribution is carried out by means of a cookie with a duration of seven (7) calendar days from the moment the User accesses the Affiliate Link. Accordingly, the User will be deemed a Referral provided that they complete their registration on Growwer within that period. The processing of this cookie is governed by Section 5, Cookie Policy.

3.3. Attribution rules. Attribution is determined exclusively on the basis of the Owner’s technical records, which will prevail for all purposes. The following, among others, will not give rise to attribution: (a) registrations occurring after the seven (7) day period has elapsed; (b) Users who already held a Growwer account beforehand; (c) registrations in which the User has deleted, blocked, or prevented the installation of the cookie, or has accessed from a different device or browser; and (d) self-referrals and linked accounts as set out in clause 6. Where several links concur, attribution will correspond to the last valid link recorded before sign-up.

3.4. No guarantee of results. The Owner does not guarantee any minimum number of visits, registrations, top-ups, or earnings arising from the Program, nor the uninterrupted availability of the tracking systems.

4. Commission: amount, split, accrual, and payment

4.1. Amount. The Program pays twelve per cent (12%) of the amount of the first wallet top-up actually made by each Referral, excluding VAT and other indirect taxes. Only the first top-up of each Referral is rewarded: subsequent top-ups do not generate any commission.

4.2. Configurable split. The percentage set out in clause 4.1 constitutes the total distributable amount. The Affiliate may freely decide, through the configuration features available in their account, what part of that percentage they retain as their own commission and what part is passed on to the Referral in the form of a bonus or promotional balance. Under no circumstances may the sum of both items exceed the total percentage set out in clause 4.1.

4.3. Applicable split. The split configured by the Affiliate at the moment the Referral completes their registration will apply. Subsequent changes to the configuration will take effect only in respect of Referrals acquired thereafter, with no retroactive effect.

4.4. Accrual. The commission accrues and is credited automatically at the moment the Referral completes their first top-up and it is effectively confirmed by the payment provider. No commission will accrue on top-ups that are cancelled, reversed, refunded, or affected by a chargeback; where the commission has already been credited, the Owner may adjust the Affiliate’s balance by the corresponding amount.

4.5. Method of payment. Commissions are credited to the Affiliate’s buyer wallet on Growwer. The balance arising from commissions may be used to contract services and make purchases within the platform. Unless the Owner expressly enables otherwise, such balance is neither refundable nor redeemable for cash.

4.6. Tracking. The Affiliate has a panel in their account where they may consult the accumulated amount, the total number of Referrals, the number of Referrals who have topped up, and the detail of the first top-ups made, with their date and amount. This information is provided for informational purposes and may be adjusted in accordance with clause 4.4.

4.7. Claims. Any discrepancy relating to the attribution or calculation of commissions must be reported to support [at] growwer.com within thirty (30) calendar days from the date of the disputed accounting record. Once that period has elapsed, the settlements will be deemed accepted.

5. Promotion obligations and permitted uses

5.1. The Affiliate may distribute their Affiliate Link through their own lawful channels, such as social networks, blogs, video tutorials, newsletters to subscribers who have given their consent, live webinars, messaging channels, podcasts, or other analogous formats.

5.2. The Affiliate must clearly and unambiguously identify the promotional or advertising nature of their communications, in accordance with applicable rules on advertising, unfair competition, and information society services.

5.3. The Affiliate will refrain from making statements about Growwer, its prices, features, or results that do not correspond to the official information published by the Owner, and may not guarantee results, rankings, or returns.

5.4. The use of Growwer’s distinctive signs, logos, and graphic materials is limited to the purpose of promoting the Program, in accordance with any guidelines provided by the Owner, and such use does not imply any assignment of industrial or intellectual property rights. The Owner may require the immediate cessation of any use of its trademark.

6. Prohibited practices

The following is expressly prohibited, by way of example and without limitation:

• Self-referral, understood as the Affiliate registering through their own Link, as well as the creation of duplicate, fictitious, or commonly controlled accounts for the purpose of generating commissions.
• Sending unsolicited commercial communications (spam), mass messaging without prior consent, and any practice contrary to data protection and information society services regulations.
• The use of tracking manipulation techniques, such as cookie stuffing, hidden iframes, automatic redirects, adware, browser extensions, automated traffic, or any means that artificially alters attribution.
• Bidding on the Growwer trademark or its variants, typographical errors, and associated combinations on paid advertising platforms, as well as registering domains, profiles, or accounts liable to cause confusion as to their official nature.
• Offering discounts, coupons, rebates, or incentives other than those expressly enabled by the Owner in accordance with clause 4.2.
• Distributing the Affiliate Link on sites or channels containing unlawful, violent, sexual, discriminatory, or hate-inciting content, unregulated gambling, or content that infringes third-party rights.
• The assignment, sale, or commercialization of the Affiliate Link, as well as participation in link exchange networks or schemes for fraudulent purposes.

7. Tax obligations

7.1. The Affiliate is solely responsible for complying with the tax, accounting and, where applicable, social security registration and contribution obligations arising from the amounts received under the Program, in accordance with the rules applicable to them based on their residence and status.

7.2. The amounts indicated in clause 4.1 are understood to exclude VAT and other indirect taxes. Where applicable law so requires, the Affiliate must provide the tax documentation and information requested by the Owner, and the Owner may suspend the payment of commissions until it is received.

7.3. The Owner may apply any withholdings or payments on account that are legally required.

8. Data protection

8.1. The Affiliate’s personal data will be processed by the Owner as data controller, for the purposes of managing their participation in the Program, calculating and paying commissions, preventing fraud, and complying with applicable legal obligations, on the basis of the performance of the contractual relationship, the Owner’s legitimate interest, and regulatory compliance. Section 4, Privacy Policy, applies.

8.2. The Affiliate will not have access to their Referrals’ personal data beyond the aggregated information and the first top-ups shown in their panel, and this does not confer on them the status of controller or processor in respect of such data.

8.3. Where the Affiliate distributes their Link by means of communications addressed to their own contacts or subscribers, they will be the controller of such data and must have a valid legal basis, duly inform the data subjects, and handle the exercise of their rights, holding the Owner harmless against any claim arising from such communications.

8.4. The Affiliate may disable email notifications relating to the commissions received from the communications management panel of their account, without this affecting operational or legal communications.

9. Suspension, fraud, and termination

9.1. Where there are reasonable indications of breach of these Conditions or of fraudulent activity, the Owner may adopt, proportionately, any of the following measures: temporarily suspend the Affiliate Link, withhold pending commissions as a precaution for as long as necessary to verify them, cancel improperly generated commissions, adjust the wallet balance, exclude the Affiliate from the Program, or cancel their account.

9.2. The Owner may request from the Affiliate any documentation or information necessary to verify the source of the traffic and the validity of the Referrals.

9.3. Exclusion from the Program on the grounds set out in clause 9.1 will not give rise to any right to compensation in favor of the Affiliate.

10. Duration, voluntary withdrawal, and modifications

10.1. Participation in the Program is of indefinite duration. The Affiliate may withdraw at any time through the features of their account or by notifying support [at] growwer.com, retaining the commissions validly accrued up to that moment.

10.2. The Owner may modify or update these Conditions, as well as the percentages, split mechanics, cookie periods, and other Program parameters, taking effect upon publication on Growwer. Modifications will not affect commissions already accrued beforehand.

10.3. The Owner may suspend or terminate the Program as a whole, giving reasonable advance notice through the Marketplace or by email, and settling the commissions accrued up to the effective termination date.

11. Disclaimer of liability and indemnification

11.1. The Owner will only be liable for damages caused as a result of a willful or negligent act directly attributable to it. By way of example, it will not be liable for: interruptions or technical incidents in the tracking system not attributable to its willful misconduct or negligence; loss of attribution arising from the configuration of the User’s browser or device; the Affiliate’s earnings expectations; or the content published by the Affiliate to promote their Link.

11.2. The Owner’s total liability toward the Affiliate on any account arising from the Program will be limited, at most, to the amount of the commissions validly accrued and unpaid, and loss of profit is excluded in all cases.

11.3. The Affiliate will hold the Owner harmless against any claim, penalty, damage, loss, or cost (including attorneys’ and court agents’ fees) arising from the breach of these Conditions or of the rules applicable to the promotion of their Affiliate Link.

12. Other matters

12.1. Severability and interpretation. If any provision is declared illegal, invalid, or unenforceable, it must be interpreted in the manner closest to the original intent, without affecting the validity of the remaining provisions.

12.2. Language. The applicable language is Spanish. In the event of contradiction with versions in other languages, the Spanish version prevails.

12.3. Governing law and jurisdiction. Relations between the Owner and Affiliates are governed by Spanish law, and disputes will be submitted to the Courts and Tribunals of Barcelona.