Términos y condiciones
Welcome to the Viva Migrante Program of HIGH TREND MARKETING INC (hereinafter, “THE COMPANY”), headquartered in Florida, USA. By participating in this program, you (hereinafter, “THE PARTICIPANT”) fully accept the following terms and conditions.
IMPORTANT: If you do not agree with these terms, you must not participate in the program.
1. Definitions
Valid Lead: Data of a natural person who has expressly authorized that their personal information be shared with THE COMPANY for commercial contact purposes. The validity of the lead does not depend on whether a sale or contract is finalized.
Clients or Allies: Legal or natural persons with whom THE COMPANY has commercial agreements and to whom it provides customer acquisition or product and service positioning services. Hereinafter referred to as Allies.
Participant: Natural or legal person who registers in the Program to provide leads to THE COMPANY.
Vivas: An economically valuable compensation represented in reward points granted to the PARTICIPANT as recognition for their contribution. They may be redeemed for products, services, or non-monetary benefits offered by THE COMPANY or its Allies. They are not money, are non-transferable, and are not redeemable for cash, and have a validity period of twelve (12) months from the date of assignment. Hereinafter referred to as Vivas, and abbreviated as Vivas.
Economically Valuable Benefit: Those that have a monetary valuation. They may be granted in the form of money (USD) or through units of Vivas, depending on the PARTICIPANT’s profile.
Non-Economic Benefit: Any recognition, incentive, or resource provided by THE COMPANY that does not have a direct monetary value and is not redeemable for money or Vivas. Its purpose is to strengthen the relationship with the PARTICIPANT, generate added value in their experience, or provide tools for personal, informational, or community development. These benefits are granted at THE COMPANY’s discretion, carry no contractual obligation, and are subject to operational availability.
2. Purpose of the program
The Viva Migrante Program allows THE PARTICIPANT to provide leads of potential clients interested in the products and/or services of THE COMPANY’s allies and clients, in exchange for economic or non-economic compensation.
THE COMPANY may designate third parties for the administration and management of the program without prior notice to THE PARTICIPANT.
This program is designed exclusively for natural persons. Collaborations with organizations or legal entities shall be governed by specific agreements between THE COMPANY and the interested party.
Participation in the Program does not imply any employment, corporate, or commercial relationship between THE PARTICIPANT and THE COMPANY. Any formal collaboration must be regulated through a separate agreement.
3. Participant Typology
a) Natural person with no commercial affiliation with allies.
b) Natural person with commercial affiliation with allies.
4. Requirements For Participation
To participate in the Program, the Participant must:
​
a). Be of legal age and have the legal capacity to accept these terms.
b) Register in the program following the procedure established by THE COMPANY.
c) Expressly accept these terms and conditions at the time of registration.
d) Declare whether or not they have a labor or commercial relationship with allied companies. e) Have legal residency in a country authorized by THE COMPANY for the operation of the program, under its internal policies and operational capacities.
5. Obligations of the parties
5.1 Obligations of THE COMPANY:
​
a) Properly manage and administer the information of the leads provided.
b) Grant economically valuable compensation, as established in these terms.
c) Comply with data protection and confidentiality regulations.
d) Grant non-economic compensation when it deems appropriate.
​
5.2 Obligations of THE PARTICIPANT:
​
a) Provide leads with truthful and complete information.
b) Ensure that the lead owners have authorized the transfer of their data.
c) Not provide fraudulent or misleading information.
d) Not use THE COMPANY’s name or trademarks or suggest that they act on its behalf.
THE COMPANY may, at its discretion, limit the number of leads that THE PARTICIPANT may submit, as well as temporarily suspend the receipt of leads when there are reasonable suspicions of misuse, fraud, or operational saturation.
​
5.3 Participation of individuals affiliated with allies
​
Individuals who maintain a labor, commercial, or contractual relationship with any of the Program’s allies may participate as lead referrers, provided that:
a) They identify themselves as affiliated individuals at the time of registration in the Program;
b) They do not submit leads derived from activities carried out directly within the scope of their employment or contractual duties with said ally;
c) They do not participate in the service, closure, or direct commercial management of the submitted lead.
​
THE PARTICIPANT must refrain from submitting leads derived from their commercial efforts or direct employment activities with allies when this implies a conflict of interest, duplication, or an incentive incompatible with their functions.
THE COMPANY may, in any case, restrict or exclude the participation of individuals affiliated with allies when it identifies potential incompatibilities with the objectives or mechanisms of the Program.
6. Program Benefits
6.1. Economically Valuable Benefits
​
a) Main Benefits (USD or VIVAS)
These are assigned for the provision of valid leads. The benefit will be recognized in accordance with the current commercial partnership agreement with each program partner.
​
b) Conditions for recognition:
​
i) The economically valuable benefit will only be accrued if the lead results in the actual acquisition of a product or service by the data subject.
​
ii) The recognition will depend on the PARTICIPANT’s profile:
1) Natural persons not affiliated with allies: may choose between USD or Vivas.
2) Natural persons affiliated with allies: will receive Vivas only.
iii) THE COMPANY will process the recognition within the first 10 business days of the month following the close of the respective month.
iv) No cash payments will be made. Transfers will be made through bank accounts, digital platforms, or authorized allies.
v) Taxes, withholdings, or legal deductions will be applied when applicable.
vi) If THE PARTICIPANT has outstanding balances with THE COMPANY or its allies, these may be deducted from the benefits due.
​
c) Complementary Benefits (redeemable with VIVAS)
PARTICIPANTS who accumulate Vivas may redeem them for additional valuable benefits, such as:
​
i) Products or services offered by allied companies.
ii) Discount vouchers or partial credits for services.
iii) Access to experiences, special events, consultations, or digital content.
​
iv) Conditions:
1) Vivas are not money, cannot be exchanged for cash, and are non-transferable.
2) They are valid for twelve (12) months from the date of assignment.
3) Redemption will be subject to the availability of allies and the current catalog published by THE COMPANY.
4) THE PARTICIPANT is responsible for periodically checking their balance and redeeming their Vivas within the validity period. THE COMPANY is not obligated to notify their expiration.
​
6.2 Non-Economic Benefits
​
THE COMPANY, at its sole discretion and subject to availability, may grant non-economic benefits as a form of recognition, integration, and relationship-building with THE PARTICIPANT. These benefits do not constitute payment and are not performance-based.
They may include, among others:
​
a) Free access to workshops, informative talks, or webinars.
b) Educational materials or resources useful for migrants.
c) Participation in communities or networking spaces.
d) Special mentions or symbolic recognitions.
e) Preferential access to social programs from allies.
​
These benefits are not redeemable, do not create obligations for THE COMPANY, and their delivery will be subject to operational availability.
7. Confidentiality and Data Protection
7.1 Processing of PARTICIPANT Data
THE COMPANY, in its capacity as data controller, will collect and process the personal data of THE PARTICIPANT to manage their participation in the Viva Migrante Program, assigning benefits, fulfilling legal obligations, and maintaining informative and operational communications related to the Program.
The data will be processed under the applicable data protection laws and THE COMPANY’s internal policies.
​
7.2 Processing of Lead Data Subjects’ Information
THE PARTICIPANT declares, under penalty of perjury, that they have obtained the prior, express, and informed consent of the data subjects whose personal information is included in the leads, authorizing the sharing of such data with THE COMPANY for the commercial purposes of the Program.
THE COMPANY will process this information exclusively to:
​
a) Contact the lead data subjects and verify their interest in the products or services of its allies;
b) Evaluate the quality of the leads and their potential conversion into clients;
c) Manage metrics and analysis to improve the Program.
Under no circumstances will THE COMPANY use this data for purposes other than those stated herein, nor will it share it with unauthorized third parties, except where legally required or requested by a competent authority.
​
7.3 Data Subject Rights
​
Both THE PARTICIPANT and the lead data subjects may exercise their rights of access, rectification, deletion, proof of consent, revocation, among others, under applicable law, by submitting a written request to the email address: info@vivamigrante.us
8. Program Termination
THE COMPANY reserves the right to suspend or terminate this Program at any time, with or without prior notice. In the event of termination, only the benefits corresponding to valid leads generated up to the closing date will be recognized.
9. Modification of Terms
THE COMPANY reserves the right to modify these terms and conditions at any time. Any modifications will be communicated through the available channels, and continued participation in the Program will be understood as acceptance of the new terms.
10. Dispute Resolution
By accepting these Terms and Conditions, THE PARTICIPANT agrees to resolve any controversy, claim, or dispute arising from or related to the Viva Migrante Program, these Terms, or any relationship with THE COMPANY exclusively through final and binding arbitration, rather than through proceedings in ordinary courts.
​
10.1. Mandatory Arbitration
All disputes shall be resolved through confidential and binding arbitration, under the rules of the American Arbitration Association (AAA), under its Commercial Arbitration Rules in effect at the time of the dispute.
10.2. Venue and Language
The arbitration shall be conducted in the State of Florida, United States, in Spanish, by a sole arbitrator appointed by the AAA. The arbitration award shall be final, binding, and enforceable in any competent court.
​
10.3. Class Action Waiver
THE PARTICIPANT expressly waives the right to bring or participate in class actions, consolidated actions, or joint representative actions. Each party may only file claims on an individual basis.
​
10.4. Opt-Out Right
THE PARTICIPANT may opt out of this arbitration clause by sending written notice to the address info@vivamigrante.us or by certified mail to THE COMPANY, within 30 calendar days of accepting these terms. The notice must include the full name, registration email address, and a clear statement of the desire to opt out of this clause.
​
10.5. Excepciones limitadas
THE COMPANY reserves the right to bring claims before ordinary courts exclusively to enforce intellectual property rights, improper use of trademarks, or violations of confidentiality.
11. Acceptance of Terms and Conditions
By registering and participating in the Viva Migrante Program, THE PARTICIPANT acknowledges having read, understood, and fully accepted these terms and conditions, including that any dispute will be resolved through arbitration, under section 10 of these terms and conditions.
Horarios de atención virtual
-
Lunes a Viernes
-
08:00 - 12:00
-
14:00 - 18:00
-
Hora del este (ET)
Canales de atención
-
Telefonico: (609) 359-3520
-
Whatsapp: (609) 359-3520
vivamigrante.com
