Terms and Conditions
LEGAL CONDITIONS AND YOUR ACCEPTANCE
These general conditions regulate the use of the Web ENCATENA.COM (hereinafter, “website”) responsibility of MAXIMUM MEDIA SL, a Spanish company domiciled in Valencia, Calle Ciscar 50, Puerta 6, 46005 C.I.F. No. B98589229 and registered in the Valencia company register on hoja V-156772, tomo 9712, folio 207.
In the context of these terms and conditions, a “User” will be understood to be any person who accesses, navigates, uses or participates in the services and activities, free or onerous, developed by the website ENCATENA.COM. It will be understood that access to or use of the website by the user implies the user’s compliance to these terms and conditions. Therefore, the user is strongly recommended to carefully read the contents of these Terms and Conditions.
Independently of the same, MAXIMUM MEDIA S.L may establish specific conditions that regulate the use and/or contracting of specific services offered to users through the website.
The purpose of the website is to put in contact between the different agents of the online marketing market, being these “Editors” and “Advertisers”, facilitating their own actions within the advertising and marketing market through the platform made available to them. The consideration for this authorization is the payment of a price by the “Advertiser”, which is specified in the application of a percentage to the price that the providers of advertising services agree with the client.
The “Editor” role is the offering of advertising services to the “Advertiser”. The method through which they offer this service is by selling sponsored posts (articles) that they publish on websites or blogs owned by them.
USE OF THE WEBSITE AND REGISTRATION
Navigation on the website ENCATENA.COM is free. This access may be restricted by the operating company of the website at any time. It is reiterated that it will be understood that access or mere use of the website by the user implies the adhesion of the user to the Terms and Conditions that MAXIMUM MEDIA S.L has published at all times on the website and which are available to all users.
In order to obtain the status of “Editor” or “Advertiser”, it is necessary to register as such on the “website”.
Registration as an “Editor” on the website
Registration as an Editor is free of charge via the registration form. The editor must provide specific data to the website with the sole purpose of managing your registration request in the most efficient manner. The registration of the user in the “Editor” section implies the acceptance of these Terms and Conditions. The data provided by the editor as well as the websites registered in his profile will be reviewed by the ENCATENA.COM team for validation purposes and to ensure compliance with the website’s quality criteria. ENCATENA.COM reserves the right to refuse the registration of users or websites at any time.
Registration as an “Advertiser” on the website
Registration as an Advertiser is free of charge via the registration form. The advertiser must provide specific data to the website with the sole purpose of managing your registration request in the most efficient manner. The registration of the user in the “Advertiser” section implies the acceptance of these Terms and Conditions. The data provided by the editor as well as the websites registered in his profile will be reviewed by the ENCATENA.COM team for validation purposes and to ensure compliance with the website’s quality criteria. ENCATENA.COM reserves the right to refuse the registration of users or websites at any time.
Likewise, with registration on the website, a wallet is made available to all registered users, with which transactions originating from the website can be made.
The individual terms and conditions for each type of user are described below.
TERMS AND CONDITIONS FOR EDITORS
I. On being an Editor
As specified in the section “Registration as an Editor on the website”, the status of editor is acquired at the time the user registers on the website as such and is recorded in the “Register” of Editors “.
Once registered, the Editor must verify the websites (blogs, digital press, etc.) included in their editor profile. The data provided by the editor will be reviewed via the appropriate means and at any time the website deems appropriate to ensure the quality and security of its service.
Under no circumstances will MAXIMUM MEDIA S.L. be responsible for the accuracy of the data provided by the editor and reserves the right to cancel the editor’s account in the event that they provide false data or do not verify, within the established time limit, the ownership of any websites they have submitted
II. On the necessary quality of the websites submitted by the Editor
ENCATENA.COM may not accept websites or blogs owned by the editor when these are considered by the quality team of ENCATENA.COM as:
– Link farms”: those pages that have a large number of outgoing links, whether contextual or not, and that could harm our advertisers, either through a penalty in search engines, or with a transfer of LinkJuice far below what would be expected from the service provided by ENCATENA.COM.
– Review farms”: those pages that are dedicated to selling reviews in large quantities in order to make a website profitable. ENCATENA.COM considers a blog or website to be a review farm when the ratio between sponsored articles and other articles is less than 1 to 5 (1 sponsored article for every 5 other articles).
– Low quality”: those pages that do not meet the requirements of PA/DA, PR, or minimum stylistic quality and optimization.
– Websites with duplicate, partially copied, translated or spinned content will not be accepted in the Editor’s profile. Likewise, websites containing advertising that prevents smooth navigation through the website will not be accepted. This being the most common case, the company reserves the right not to accept a website that it judges to not meet the minimum standards being offered on the platform..
III. On the execution, nature, conditions and deadlines of the work entrusted to an Editor
The services offered by the editors must be 100 % original and created exclusively for the order purchased by the advertiser. The translation of texts in the creation of sponsored post is strictly forbidden. Failure to comply with this guideline will result in the immediate closure of the editor’s account and the withholding of income.
Likewise, the posts must be written by the editor, who assumes full ownership of the text and exempts ENCATENA.COM and the advertiser from any responsibility for the improper use of copyrighted material. Sponsored posts can only contain the links indicated by the advertiser in the order (2 maximum).
The services provided by the editor are of a PERMANENT nature and therefore purchased sponsored posts should not be removed during the life of the website. In the event that the website is deleted within a period of one year from when the service is purchased with the advertiser, the amount paid by said advertiser will be deducted from your wallet. If the website is sold, the new owner must be notified of the existence of the sponsored posts so that he can keeps them, the sale is not an excuse to delete them.
Editors have 72 hours to accept an order. The deadline to complete the order will be between 3 days to 4 weeks depending on the deadline suggested by the advertiser and accepted by the editor. Once this period elapses, ENCATENA.COM understands that the editor has not complied with their obligation and therefore will be able to take the appropriate measures, specifically the cancellation of the order. Under no circumstances will work submitted outside the aforementioned deadline be accepted.
In the event that the advertiser considers that modifications should be made to the work submitted, the editor will have 48 hours to modify the article with the relevant changes. If the deadline is not met, the advertiser will have the option to approve the work or request its cancellation.
Once the commissioned work has been done and when it has been reviewed and approved by the advertiser, the value of the order will be transferred to the editor’s wallet. The order will automatically be marked as completed and payment made to the editor if the advertiser fails to review or ask for further modifications within 48 hours. The approval by the advertiser will be limited to checking that the work meets the requirements agreed with the editor.
IV. On potential incidents related to the work carried out
The following are the most common incidents recorded between editors and advertisers. In any case and although it does not appear expressly included, any anomaly must be obligatorily communicated to the website in order to find a solution. Any incident that involves the reimbursement to the advertiser of what is paid will mean a corresponding decrease for that amount from the editor’s wallet.
– Related to the disappearance of a post
- In case of sale of the website or exit from ENCATENA.COM, the new owner must be notified so that the sponsored posts sold on the platform are not deleted.
- In case of disappearance of the website in the period of one year since a post was purchased with the advertiser, the contract with the Editor will be canceled and possible legal actions will be initiated in order to recover the payment.
- In case of deletion by mistake, ENCATENA.COM will contact the editor to restore the link. In case of refusal, it will be deduct the appropriate amount from the balance in the editor´s wallet.
– Change of post URL
- The editor will be obliged to make a 301 redirect from the original URL of the post published in ENCATENA.COM to the new URL, regardless of whether the URL change is motivated by a change in the address of the domain or in the post itself.
– Change of link from “follow” to “no follow”
- ENCATENA.COM will contact the editor to change the link. In case of refusal, it will be deducted from the amount in the editor´s wallet.
V. On the method of payment
The payments will be made taking into account an editor´s tax information (type of editor, country tax regime etc.). ENCATENA.COM is not responsible for the breach of the tax obligations of its editors and will consider as valid the “fiscal information provided by the editor.
In addition to the above, we will only proceed to give the order for payment if there is an invoice issued for the service performed. If they are individuals and cannot issue an invoice, they will be issued a receipt for payment.
Payments will be made by PayPal or bank transfer.
Payments through the PayPal system: The minimum credit to be able to request payment through PayPal will be 10€. The editor assumes the possible commissions that this service may have, with ENCATENA.COM not being responsible for any incident that caused by the use of the payment system or by the failure of the editor to abide by the terms and conditions of PayPal.
Payments through the PayPal system: The minimum credit to be able to request payment through PayPal will be 50€. The editor assumes the possible commissions that this service may have, with ENCATENA.COM not being responsible for any incident that caused by the use of the payment system or by the failure of the editor to abide by the terms and conditions of PayPal.
Finally, a period of up to 10 working days may elapse between the payment request and the corresponding verifications and final payment by ENCATENA.COM
VI. On confidentiality and unfair practices
The editor is bound to the strictest confidentiality on accepted, rejected or cancelled orders. Under no circumstances may the editor offer its services directly to the advertiser using bridging or any other technique. In cases where the editor does not comply with these obligations, MAXIMUM MEDIA S.L. reserves the right to cancel the account and take legal action to safeguard its interests and those of its clients.
TERMS AND CONDITIONS FOR ADVERTISERS
I. On being an Advertiser
In order to obtain the status of ADVERTISER within the ENCATENA.COM, registration on the platform is necessary. ENCATENA.COM reserves the right of access to its advertisers section after verification of the data provided by potential advertisers.
Once the advertiser’s account has been verified, the advertiser can start using the platform. To pay for the services of the editors, the advertiser can pay directly or from their wallet. All payments will be made in an exclusive wallet for each client of the website associated with their account, with which all payments made on the platform will be made.
II. On the terms of payment and management of wallet balance
Adding funds to the wallet can be done through the means specified in the advertiser´s panel, with the advertiser paying any commissions associated with a particular payment method.
Once a deposit has been made into the wallet, it will appear in the advertiser’s account.
ENCATENA.COM is not responsible for the deposit error to the wallet. Since ENCATENA.COM pays affiliate fees on deposits to the wallet, these deposits cannot be reimbursed and will be added to the balance for use within the platform.
In the event of the cancellation of an order, ENCATENA.COM will pay the value of the order to the wallet of the advertiser in question.
The balance of the purse will not be, under any circumstances, refundable and can only be used for the services offered at any time by ENCATENA.COM.
All purchases made on the platform are subject to the appropriate taxes that will be paid by the advertiser via the balance in his wallet at all times. If the balance of the wallet is not sufficient to pay for the entire service plus the appropriate taxes, no services can be purchased.
III. On the rights and guarantees with respect to the purchased work
– Advertisers have the right to freely choose the editors for the purchase or their sponsored posts. Through our system the advertiser will be able to filter and select the editors that best suit their needs.
– The advertiser has the right to supervise the purchased work and to communicate to the editor, within 48 hours, all the modifications that he considers appropriate before approving the sponsored post. In this way the editor can submit the modified version of his work for a new revision within 48 hours. If 48 hours pass without a request for further modifications from the anunciante, the purchased work will considered completed with payment subsequently made to the editor. At this point, no further modifications can be asked for.
– Type of links from press media or blogs:
Within the ENCATENA.COM platform, advertisers will be able to select the type of link they want (“follow” or “no follow”) according to the needs that they may have at the time of placing the order.
This distinction can not be changed once the editor has completed the order and the advertiser has accepted the delivered order.
In the event that a digital media or blog is demonstrably penalized by Google in its positioning, the type of link may vary without prior notice to the advertiser, going from “follow” to “no follow”, according to the needs and guidelines that Google can raise at any time. In no case will Encatena be responsible for said changes.
– The publisher, as guarantor of the authorship of the works, exonerates both the advertiser and Encatena of any liability to third parties that could understand infringed their rights of intellectual or industrial property on the works object of the cession.
IV. Other warnings
ENCATENA.COM is not responsible in any case for the opinions or comments that may arise from the services contracted in the blogs or websites of the editors, the latter being solely responsible.
V. Management of campaigns through managed service
Encatena offers a service to its clients in which it directly manages advertising campaigns.
Through this service, Encatena receives the necessary briefing directly from the client in order to adjust the strategy to be followed (topics, types of content, types of link, budget, deadline, etc.) and, with this feedback, is responsible for carrying out all the management with the editors, going through the process, the deadlines and guaranteeing the publication.
After an initial meeting, a budget is agreed from the briefing that is charged on its acceptance via Paypal or bank transfer.
VI. On unfair practices
In no case may the advertiser negotiate with editors the contracting of its services directly using bridging techniques or any other methods. In case of such situation MAXIMUM MEDIA S.L reserves the right to initiate the appropriate legal actions to safeguard its interests.
VII. Exclusion of guarantees and responsibility for services provided by third parties through Encatena
MAXIMUM MEDIA S.L. excludes any liability for damages of any kind that may be due to the services provided by third parties through the website, and in particular, but not exclusively, for damages that may be due to (a) non-compliance of the law, morality and generally accepted good practices or public order as a consequence of the provision of services by third parties through the website; (b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of persons, property rights and of any other nature belonging to a third party as a result of the provision of services by third parties through the website; (c) the performance of acts of unfair competition and illegal advertising as a result of the provision of services by third parties through the website; (d) the lack of veracity, accuracy, completeness, relevance and / or timeliness of the contents transmitted, disseminated, stored, received, obtained, made available or accessible through the services provided by third parties through the website; (e) the unsuitability for any kind of purpose of and the defrauding of the expectations generated by the services provided by third parties through the website; (f) the breach, delay in compliance, defective fulfillment or termination for any reason of the obligations contracted by third parties and contracts made with third parties in relation to or in connection with the provision of services through the website; (g) the vices and defects of all kinds of services provided by third parties through the website.
SECURITY AND PROTECTION OF BUYERS
Online payments for services are made either through Redsys or Paypal. Therefore, the buyer will enjoy the protection offered by these payment methods at all times.
In addition, ENCATENA.COM has an SSL security certificate.
FINAL LEGAL WARNING
These Terms and Conditions are granted under Spanish legislation. Any dispute over them will be resolved according to it and under Spanish jurisdiction. The courts of the city of Valencia shall be competent to hear these General Conditions and Conditions of Use, the parties renouncing any other jurisdiction.