SUPPLIER TERMS & CONDITIONS (SUPPLIER TERMS & QUALITY AGREEMENT)

Last updated: May 4, 2026

These Contracting Conditions govern the commercial relationship between Marhaba Marbella (hereinafter, “the Platform”) and the professional or company registering to offer services (hereinafter, “the Provider”). By checking the acceptance box in the registration portal, the Provider becomes legally bound by these terms.

1. NATURE OF THE RELATIONSHIP: AFFILIATE MODEL

The relationship between Marhaba Marbella and the Provider is that of an independent commercial collaboration based on the Affiliate Commission model.

Marhaba Marbella acts as a client acquisition channel and high-value lead generation engine (Lead-Gen).

The Provider will operate externally, entering into fee agreements or success-based commission agreements with the Platform as privately agreed for each operation or service vertical.

2. COMPLIANCE DECLARATION

By uploading content to the Supplier Portal, the Provider guarantees under its responsibility:

  • Intellectual Property: That the Provider owns all rights, licenses and permissions necessary to publish the information, logos, trademarks and images provided.
  • Legal Authorization: That the Provider possesses all administrative licenses, professional certifications and liability insurance required under Spanish law to carry out its specific activity (real estate, nautical, security, medical services, etc.).
  • Accuracy: That information regarding prices and availability is accurate.

3. QUALITY AND EXCELLENCE COMMITMENT (STANDARDS)

The Provider acknowledges that the Marhaba Marbella brand is based on exclusivity. Failure to comply with these standards shall entitle the Platform to terminate the agreement and remove the profile:

3.1. Immediacy (Gold Standard)

The Provider undertakes to provide an initial response to received leads within a maximum period of two (2) business hours.

3.2. Loyalty and Anti-Circumvention

The Provider undertakes not to bypass the Platform by contacting clients through external channels in order to avoid payment of commissions. Any contact originating from Marhaba Marbella must be reported with full transparency.

3.3. Discretion

The Provider shall maintain absolute confidentiality regarding the identity and habits of clients, refraining from making social media publications that compromise users’ privacy without prior consent.

4. LEAD MANAGEMENT AND COMMISSIONS

  • Accrual: The commission in favor of Marhaba Marbella shall accrue at the moment the referred lead formalizes the contracting, reservation or purchase of the service/asset.
  • WhatsApp Channel: The Provider accepts the use of the integrated WhatsApp chat as an immediate management tool and undertakes to maintain a professional tone consistent with the Platform’s luxury standard.
  • Settlement: Commission payments shall be made according to the deadlines agreed in the external fee agreement signed between the parties.

5. LIMITATION OF LIABILITY AND DISCLAIMER

Marhaba Marbella acts solely as a technological intermediary. Consequently:

  • The Provider is solely responsible before the end user for the provision of the service, damages, negligence or breaches.
  • The Provider shall hold Marhaba Marbella harmless against any judicial or extrajudicial claim arising from its activity.
  • The Platform does not guarantee a minimum volume of leads nor is it responsible for non-payment by the end user to the Provider.

6. DATA PROTECTION (GDPR)

The Provider shall process user data referred by the Platform exclusively for the management of the requested service.

The inclusion of such data in the Provider’s own marketing databases without additional and specific user consent is prohibited.

7. USE OF IMAGES AND PROMOTIONAL RIGHTS

The Provider authorizes Marhaba Marbella to use graphic material uploaded to the portal for marketing actions, social media and Platform promotion, acknowledging that such dissemination benefits the Provider’s own visibility.

8. TERMINATION

Either party may terminate this relationship at any time through written communication or account removal from the portal. Ongoing operations initiated prior to termination shall maintain the Platform’s right to receive the agreed commission once closed.

9. APPLICABLE LAW, JURISDICTION AND ODR

  • Jurisdiction: The parties submit to the Courts and Tribunals of Marbella (Spain).
  • Prevailing Language: In the event of discrepancies between language versions, the Spanish version shall prevail.
  • ODR Platform: Information regarding the EU online dispute resolution platform is available at https://ec.europa.eu/consumers/odr/.
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