Partner Program

Last revision: May 27, 2027

1. Introduction

Welcome to Tomatina’s Partner Program (the “Program”). This document sets forth the terms and conditions (the “Terms”) governing the participation of any natural or legal person (the “Partner”) in the Program, and regulates their commercial relationship with The Pan de Azucar Bay Company LLC (“Tomatina,” “we,” “our”).

By applying to join the Program and/or using the partner panel available at https://partners.tomatina.cloud, you expressly and unreservedly accept these Terms, which constitute a binding agreement between the Partner and Tomatina.

The Program is designed to allow third parties to promote, integrate, or distribute Tomatina’s services through various commercial mechanisms, in exchange for recurring commissions associated with paid subscriptions by the customers they refer.

These Terms apply to all types of Partners enabled by Tomatina, including but not limited to:

  • Integrators, who implement Tomatina as part of solutions for third parties;
  • Affiliates, who promote the service through digital channels, advertising campaigns, or unique links;
  • Distributors, who develop a network of other partners under their commercial supervision.

Please read this document carefully before completing the registration form. If you do not agree with any of these Terms, you should not participate in the Program.

2. Requirements to Become a Partner
2.1 Eligibility

Any natural or legal person, regardless of geographical location, who meets the profile requirements and accepts these Terms and Conditions may be admitted as a Partner in the Program.

  • For the Affiliate profile, no prior experience or technical validation is required. Access is open to anyone who wishes to promote Tomatina through unique links, campaigns, or digital strategies.
  • For the Integrator profile, the applicant must be a provider of IT solutions to businesses, either integrating third-party services or supplying their own technologies.
  • For the Distributor or Wholesaler profile, the applicant must be a company that already represents and/or distributes third-party IT solutions, managing its own or an associated commercial network.

In all cases, the information provided during the application process—including full name or business name, fiscal or commercial address, tax identification number, email address, and phone number—must be truthful and verifiable. Any false or inaccurate information may result in rejection of the application or immediate termination of participation in the Program, without right to claim or compensation.

2.2 Application Process

Enrollment in the Program, whether initiated directly or through another Partner’s invitation, is formalized by completing an application form available on the official Program website (https://partners.tomatina.cloud).

Once the application is received, the Tomatina team will contact the applicant to perform the necessary validation. If approved, the applicant will be formally registered as a Partner and granted access to the corresponding panel.

Tomatina reserves the right to reject any application that does not align with the objectives, standards, or guidelines of the Program.

2.3 Partner Types

The Program includes three main participation profiles:

  • Affiliates: focused on generating sign-ups and conversions through advertising, content, or personal/digital networks.
  • Integrators: focused on integrating Tomatina as a solution within IT projects or services for their own clients or company.
  • Distributors / Wholesalers: focused on establishing networks of integrators, expanding the Program’s reach, and earning income through multiple referral levels.

Each profile has specific benefits, tools, and conditions, which will be detailed in the Partner panel and accompanying documentation.

3. Partner Obligations

By participating in the Program, the Partner agrees to comply with the following essential commitments to preserve the integrity, transparency, and proper functioning of the commercial relationship with Tomatina:

3.1 Accuracy of Information

The Partner must provide complete, accurate, and up-to-date information about themselves and the customers they refer. This obligation includes, but is not limited to, the following data: full name or business name, fiscal address, tax identification number, email address, phone number, and any other information required by Tomatina during the application process or use of the panel.

Any intentional falsehood, inaccuracy, or relevant omission may result in immediate suspension of Program access and, eventually, definitive termination, without prejudice to other actions that may apply.

3.2 Commercial Conduct
  • Not making false, misleading, or unauthorized statements about Tomatina or its services.
  • Not using aggressive techniques, spam, advertising fraud, or any practice that could harm Tomatina’s reputation.
  • Using only communication materials provided or authorized by Tomatina, respecting its visual identity, guidelines, and trademark.
3.3 Confidentiality

The Partner must maintain confidentiality of all non-public information accessed as a result of participation in the Program, including customer data, technical information, commercial conditions, or any other information considered strategic or sensitive by Tomatina.

This obligation continues even after participation in the Program has ended.

3.4 Customer Registration

The Partner must not conceal, falsify, or manipulate the identity of real customers referred to Tomatina. It is strictly prohibited to:

  • Register customers with fictitious or deliberately altered data.
  • Impersonate the end customer to appear as the service holder.
  • Act as an intermediary between Tomatina and a real customer without declaration, in order to resell services under another identity or at a different price.

Each customer must be properly registered in Tomatina’s system with truthful data and legitimately linked to the Partner who referred them.

Failure to comply is a serious breach and may lead to immediate termination of Program access, forfeiture of accumulated commissions, and legal measures if applicable.

4. Commercial Relationship Between the Parties
4.1 Independence of the Parties

Participation in the Program does not create any employment, corporate, agency, representation, or franchise relationship between the Partner and Tomatina. The Partner acts at all times as an independent third party, without authority to bind Tomatina.

Nothing in these Terms shall be construed as creating a relationship of dependency, subordination, or exclusivity.

4.2 Non-Exclusivity

The Program is non-exclusive. The Partner may offer third-party products or services, provided there is no conflict of interest, unfair competition, or practices incompatible with the Program’s goals.

Tomatina reserves the right to admit other partners in the same region, niche, or market without granting exclusivity or priority.

4.3 Lack of Authority

The Partner is not authorized to make offers, enter contracts, make promises, guarantees, discounts, or any type of commitment on behalf of Tomatina, unless expressly authorized in writing.

Any misuse of Tomatina’s name, brand, logo, or institutional identity that may cause confusion about the nature of the relationship is a serious breach and may lead to immediate termination.

5. Referred Customers
5.1 Attribution Mechanism

A customer is considered “referred” when:

  • They access Tomatina’s site through a unique link generated by the Partner (campaign, invitation, or personalized link), or
  • They are directly invited using the “Invite Customer” feature in the Partner panel.

In both cases, a cookie tracks the source of the visit. Cookies remain valid for 365 days from first access, unless the customer arrives via another Partner’s link, in which case the most recent attribution applies.

Manual attribution may be considered valid if Tomatina verifies that the Partner effectively managed the customer’s registration outside the link.

5.2 Active Customer Condition
  • Completion of a valid registration process,
  • Correct linking to the Partner in the system,
  • Subscription to at least one paid plan (except in specific promotions),
  • Maintaining an active subscription or making renewals.
5.3 Legitimacy of the Relationship

The Partner commits to registering only real, legitimate customers with accurate data. It is prohibited to:

  • Falsify customer information to obtain improper commissions.
  • Simulate registrations or use fictitious identities.
  • Register end customers under the Partner’s own name or company, concealing their true identity.
  • Offer Tomatina’s service as if it were the Partner’s own, without disclosing its third-party nature.

Failure to comply is a serious breach and may result in:

  • Nullification of commissions generated by such customers,
  • Immediate suspension of Program access,
  • Definitive termination of the Partner,
  • And, where applicable, legal or contractual actions.
6. Commissions
6.1 Commission Generation
  • The first paid subscription by a referred customer, and
  • Subsequent renewals by the same customer, provided conditions are met.

A subscription is valid for commission when:

  • Payment is effectively received from the customer,
  • The customer is correctly linked to the Partner in Tomatina’s system,
  • The Partner is in active status (see 6.4).

The commission for the first sale is generated in all cases, with no time limit while attribution remains valid.

6.2 Recurring Commissions

Tomatina rewards customer retention with a model of recurring commissions on each renewal of subscriptions by referred customers. These commissions are available only if the Partner maintains recent activity as specified in section 6.3.

6.3 Activity Condition

Commission on renewals is enabled only if the Partner has generated at least one new paid subscription in the last 90 days. Each new subscription resets this 90-day eligibility period. If no new paid subscription occurs within 90 consecutive days, renewal commissions are suspended until the Partner resumes activity.

6.4 Eligibility Criteria for Payout

Commissions become available for payout after a period of 90 days from the customer’s payment, as a safeguard against chargebacks, cancellations, or fraud.

This delay does not apply to subscriptions paid with Bitcoin Cash (BCH), whose commissions are available immediately upon payment confirmation.

6.5 Payment Requests and Methods

Commissions can be requested at any time from the Partner panel, provided they are available for payout.

Payments will be made within a maximum of 7 business days and may be processed via:

  • PayPal (no minimum),
  • Bitcoin Cash (BCH) (no minimum),
  • International bank transfer (minimum USD 250 per request).

Partners may update their preferred payment method in their panel at any time.

7. Inviting Other Partners
7.1 Invitation Functionality

Partners with the invite new Partners feature enabled can invite directly from their panel using the appropriate form.

Each invitation is recorded with a unique identifier to establish a link between the inviting Partner (superior) and the invited Partner.

7.2 Approval Process

Once an invitation is sent, Tomatina will evaluate the invitee’s profile against these Terms. Approval is at Tomatina’s discretion and is not automatic.

If approved, the new Partner will be linked to the inviting Partner, granting the right to second-level commissions (and third-level, if applicable).

7.3 Multi-Level Commission Structure
  • Level 1: Direct referral commission.
  • Level 2: Indirect commission from referrals made by invited Partners.
  • Level 3: Residual commission at the top of the hierarchy.
7.4 Limitations
  • Each Partner can be linked to only one superior Partner, and this link cannot be changed once approved.
  • Multiple self-registrations or artificial structures to multiply commissions are not allowed.
  • Tomatina may audit and cancel or reconfigure relationships if abuse, irregularities, or fraud are detected.
8. Partner Panel
8.1 Access and Use

Each approved Partner receives access to a personal control panel at https://partners.tomatina.cloud, protected by unique credentials. Access is exclusive and non-transferable.

The Partner is responsible for maintaining the confidentiality of their credentials and all activity under their account.

8.2 Available Information
  • Total number of referred customers.
  • Plans subscribed by each customer and renewal dates.
  • Generated, paid, and pending commissions.
  • Configured payment methods and payment history.
  • Campaign performance metrics and link usage.
  • Status and commission contributions of invited Partners.
  • Access to promotional materials, knowledge base, and technical documentation.

All panel information is indicative and not contractual. Tomatina may audit, review, or correct records if errors, inconsistencies, or abuses are found.

8.3 Preferences Settings

Partners may update at any time:

  • Contact and fiscal data,
  • Preferred payment method,
  • Time zone and display format,
  • Password.

Tomatina may temporarily block panel access in case of suspicious activity or Terms violations until clarified.

9. Inactivity and Suspension
9.1 Definition of Inactivity

A Partner is considered inactive if they have not generated any new paid subscription attributable to their promotion or integration actions for a continuous period of 90 days.

Inactivity does not automatically expel the Partner from the Program but suspends renewal commissions as described in section 6.

9.2 Effects of Inactivity
  • No renewal commissions will be credited until the Partner reactivates their account with a new valid conversion.
  • Panel access remains available.
  • First-sale commissions remain available for payout after the usual waiting period.

The account may be automatically reactivated upon a new paid subscription by a referred customer, resetting the 90-day renewal eligibility.

9.3 Preventive Notification

Tomatina will notify the Partner via panel and email when approaching inactivity, indicating remaining days and commissions at risk.

These notices are informative; it’s the Partner’s responsibility to maintain activity to preserve renewal commissions.

9.4 Termination for Prolonged Inactivity

After 12 consecutive months without new paid subscriptions, Tomatina may:

  • Cancel the Partner’s Program participation,
  • Disable panel access,
  • Remove attribution links with referred customers,
  • Terminate rights to unclaimed commissions.

A notice will be sent at least 15 days prior to allow reactivation if desired.

10. Program Modifications
10.1 Modification Authority

Tomatina may modify these Terms at any time, including:

  • Commission rates or models,
  • Eligibility requirements,
  • Available payment methods,
  • Client registration, attribution, or validation procedures,
  • Scope and features of the Partner panel.

Changes may be strategic, legal, technical, or commercial and will be applied reasonably.

10.2 Change Notification

All changes will be communicated at least 10 calendar days before taking effect via:

  • Visible posting in the Partner panel,
  • Email to the registered address.

During this period, the Partner may review and, if disagreeing, withdraw without penalty.

10.3 Implied Acceptance

Continued use after changes take effect constitutes implied acceptance. To decline, withdraw before the effective date.

10.4 Preservation of Rights

No change will retroactively affect commissions already earned and approved, except in cases of fraud or Terms violations.

11. Agreement Termination
11.1 Voluntary Withdrawal

Partners may withdraw at any time by:

  • Submitting a formal request through the official contact channel, or
  • Using the withdrawal option in their panel (if available).

Withdrawal takes effect within 5 business days.

11.2 Termination by Tomatina

Tomatina may unilaterally terminate participation without notice in cases of:

  • Violation of Terms,
  • Conduct harming Tomatina’s image or reputation,
  • Fraudulent or abusive practices,
  • Prolonged inactivity (see 9.4),
  • Misuse of the panel, brand, or materials.

In serious cases or confirmed fraud, termination may be immediate.

11.3 Termination Effects

Upon termination:

  • Panel access is revoked,
  • Future commissions are suspended,
  • Only commissions already earned and approved may be claimed,
  • Referred customers may be reassigned per internal criteria.
12. Publication of Integrators

In the future, Tomatina will publish on its website a list of authorized Integrators, segmented by geographic area and/or type of commercial activity.

The publication will be announced in the Partner panel and on the institutional site.

The announcement will include the commercial conditions for participation in the list.

Inclusion does not create any exclusivity commitment nor modify other Terms.

13. Jurisdiction and Governing Law

These Terms are governed by the laws of the Oriental Republic of Uruguay. Any dispute will be subject to the exclusive jurisdiction of the courts in Montevideo.

14. Contact

For questions about the Partner Program or these Terms, contact us:

We will respond within a reasonable timeframe and maintain open communication throughout our relationship.