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Vivienda España

Partner agreement

Between Thierry Kruijff, NIE Y-4533902H, Camino Pedro Maña 11, 03727 Jalón (Alicante), España, trading as Vivienda España ("Vivienda"), and the estate agency office named at registration: registered office legal name, tax ID registered tax ID, registered office address (the "Partner").

1. Purpose

Vivienda runs a private, professional network of properties. The Partner receives access to it and may present the listings to its own clients and download buyer PDFs. Each property has one of two promotion choices (section 13): private presentation, the default, or public promotion by member estate agents permitted. Without the seller's recorded consent, properties are not published on the Partner's website, portals, search engines or other public channels. This Agreement sets out what Vivienda and the Partner expect from each other. The Terms of Use apply as well. If they conflict, this Agreement prevails on the matters it covers.

2. Subscription

  • EUR 139 per month per office, excluding IVA, payable monthly in advance.
  • No trial period.
  • Minimum term of six months. During it the Agreement cannot be ended early, unless both parties agree in writing or the law or section 9 allows it. The Partner can schedule a cancellation at any time. The end date is never before the end of the minimum term. The earliest possible end date is shown in the account.
  • After the minimum term the Agreement continues for an indefinite period. Either party can then end it with one month's written notice (email is enough), ending at the end of a paid month.
  • The fee is due whether or not the Partner completes a sale in a given month. Vivienda does not guarantee any number of listings. Listings can be added, changed, sold, withdrawn or removed at any time.

3. Access

One personal login per office. It may not be shared with third parties. The Partner is responsible for the use of the login by its staff. Vivienda may limit access temporarily or permanently if the Partner acts against this Agreement.

4. What the Partner must do

  1. No public promotion without consent. Do not publish or advertise the listings, photographs or details, without Vivienda's prior written consent, on the Partner's own website, other websites, property portals (such as Idealista, Fotocasa or Kyero), search engines, social media, advertisements, newsletters or any other publicly accessible channel. This applies to every property for which the choice "Public promotion by member estate agents permitted" has not been recorded. For a property with that choice, the channels and conditions of section 13 apply. Using up to three selected photographs per property in the Partner's own digital newsletters, as the Terms of Use (section 7) allow, is not covered by this ban under private presentation.
  2. No own portfolio. Do not add the listings to the Partner's own portfolio. For a property with public promotion, the Partner may register the property in its internal agency system/CRM and advertise it through portals, solely as marketing registration under section 13.7. This does not make the property the Partner's own or exclusive mandate.
  3. No direct approach to the seller. For as long as the agreement between Vivienda and the seller for that property lasts, do not approach the seller directly to sell outside Vivienda, to take over the listing, or to conclude a separate or exclusive mandate that circumvents it. After it ends, the seller is free to choose. The Partner may present the property to a concrete prospective buyer and, if the seller agrees, guide the sale on the seller's behalf under the arrangements made.
  4. Follow the arrangements. Comply with this Agreement and with the arrangements made with the seller, as communicated through Vivienda.
  5. Confidentiality and care. Keep listing information, documents and seller arrangements confidential, and take appropriate measures against uncontrolled spread of photographs, documents and personal data.
  6. Respect the materials. Do not extract photographs (other than the selected newsletter photographs the Terms of Use allow and, for a property with public promotion, the material available through the designated downloads), remove watermarks or logos, or edit the buyer PDF (see the Terms of Use, section 7). Downloading gives no ownership or other intellectual property right.
  7. Stop on request. Stop using or distributing specific information promptly if Vivienda or the seller asks.
  8. No exclusivity. This Agreement gives the Partner no exclusive right to any property, including under public promotion, unless agreed in writing for a specific property.
  9. Existing exclusive mandates. Vivienda respects a valid exclusive sales mandate between a seller and a participating agency, and does not aim to circumvent it. A Partner that holds such a mandate informs Vivienda of it and of its term.

5. Commission

  • The commission for a property is set in advance by Vivienda in consultation with the seller, and recorded. The Partner respects it.
  • The selling agency receives the full agreed commission directly from the seller.
  • Vivienda does not charge or receive a commission on sales made through the network, and does not act as an intermediary for the payment.
  • The commission for a listing is shown to the Partner in the member area only. It is never shown on PDFs or in emails. The Partner keeps it confidential.

6. Photography costs

The seller orders and pays for the professional photography. The agency that concludes the sale reimburses the seller's photography costs out of its commission. If the seller works with several agencies, only the agency that concludes the sale does this. If there is no sale, the seller bears the photography costs. Vivienda is not a party to this settlement.

7. Buyer materials

The buyer PDF carries the Partner's office logo, which Vivienda sets. The Partner may send the complete PDF to prospective buyers to gauge their interest in a viewing. Under private presentation, apart from the selected newsletter photographs the Terms of Use allow, photographs are shared only through the complete PDF. The PDF contains no commission, seller identity or internal notes. The Partner may not alter, split or publish it, also not under public promotion. For a property with public promotion, section 13.3 also applies to the downloadable media.

8. Viewings

Viewings are arranged outside the website, following the instructions on the property page. Contact with the seller and the scheduling of viewings always run through Vivienda, also under public promotion (section 13.6).

9. Breach

If the Partner breaches section 4, Vivienda may suspend access at once and, for a serious or repeated breach, end the Agreement with immediate effect. Fees paid are not refunded. Vivienda keeps its right to damages. Confidentiality and non-publication obligations continue after the Agreement ends. If the Partner breaches section 4.1, 4.2 or 4.3, it owes Vivienda a fixed contractual penalty of EUR 5,000 per breach. This does not limit Vivienda's right to claim further proven damage or to demand compliance. If the Partner breaches section 13, Vivienda may in addition suspend public promotion or the downloading of material for the property concerned or for all properties. Section 13 adds no new fixed penalty.

10. Personal data

Each party handles personal data as an independent controller. Vivienda's handling is described in the Privacy Policy. Buyer data that the Partner receives, including through its own advertisements and channels under public promotion, is the Partner's responsibility. Vivienda does not receive that data, unless the Partner forwards a viewing request to Vivienda.

11. Liability

Vivienda is not responsible for the saleability, legal status or technical condition of a property. The Partner stays responsible for the normal checks and for its advice to its own client. Under public promotion the Partner is also responsible for the content of its own advertisements and texts and for compliance with section 13. The liability clause of the Terms of Use applies.

12. Acceptance

The Partner accepts this Agreement electronically by ticking the box at registration. Vivienda records the date and time, the Agreement version, the user and a hashed IP address as proof. The person accepting confirms they may bind the Partner. Changes follow the Terms of Use, section 13. A new version applies to an existing Partner from acceptance or from the effective date that Vivienda communicates under the Terms of Use. Versions accepted earlier, and the evidence of them, are kept and are not replaced retroactively.

13. Public promotion per property

13.1 Two choices per property. Each property has one of these two promotion choices. The choice is shown with the property in the member area.

  1. Private presentation. This is the default. The Partner presents the property directly to prospective buyers, shares the complete buyer PDF under section 7 and may download and use only the up to three newsletter photographs selected by the administrator, under the Terms of Use (section 7).
  2. Public promotion by member estate agents permitted. The seller has additionally consented to member offices promoting the property through the channels in section 13.2 that the seller has chosen for this property. The other provisions of this section then apply as well.

The choice applies to that property only, not automatically to other properties of the same seller or to the whole network. Without the seller's recorded additional consent, private presentation applies. Existing properties do not automatically become publicly promotable.

13.2 Channels. Under public promotion the Partner may promote the property through the following channels, but only through the channels the seller has chosen for this property in the form. Vivienda shows this with the property:

  • the Partner's own agency website;
  • property portals and other public real estate websites;
  • social media;
  • digital newsletters;
  • window and shop display, including printed property presentations made for it;
  • advertisements through these channels, including paid online promotion and search engine advertisements that lead to a permitted property presentation;
  • registration in the Partner's internal agency system/CRM, for processing and presenting this property.

Other channels, including future ones, are outside the consent. They need Vivienda's new written consent. The Partner may not resell the material, give it to other offices or third parties (except as section 13.8 provides) or use it for other properties.

13.3 Downloadable material. Under public promotion the Partner may download all media of that property released for promotion and use it for the channels in section 13.2. Where present and released, this covers the final property photographs, videos, drone images and floor plans. Vivienda does not promise any particular package or number of images. Not included are identity documents, ownership documents, contact details, access codes, internal notes, commission details and other non-public file documents, and original camera files, unedited footage and files not released for promotion. Vivienda releases only material for which both the seller's consent and the copyright permission are in order.

13.4 Use and editing. The Partner uses the material only for this property and only for the channels in section 13.2. Technical adjustments that a channel requires, such as resizing, trimming the edges and compression, are allowed as long as the image does not change in substance. Other editing is not allowed without Vivienda's prior written consent. This covers adding its own logo, watermark or house style, removing or changing a watermark, credit or notice in the file, editing video and changing the content of an image. A credit to the photographer or to Vivienda that Vivienda supplies with the material stays in place.

13.5 Address and location. Public promotion does not mean that the exact address, the map position or other privacy-sensitive features may be made public. The Partner states only the town or area that Vivienda shows with the property. The Partner does not make public the exact address, the map position, the coordinates or the cadastral reference, unless Vivienda states with the property that the seller has expressly chosen this in the form. The seller's identity and contact details, the commission and internal arrangements never become public.

13.6 Contact and viewings. The Partner may receive and answer buyer enquiries through its own advertisements and channels. Contact with the seller and the scheduling of viewings always run through Vivienda. The Partner passes viewing requests and questions that need contact with the seller on to Vivienda, following the instructions on the property page, and makes no arrangements with the seller itself. Public promotion gives no permission to approach the seller directly to bypass Vivienda, take over the listing or force a separate mandate (section 4.3). The existing arrangements on sales guidance and commission (sections 4.3 and 5) stay unchanged.

13.7 Portals, CRM and search engines. Registering the property in the Partner's internal system or on a portal is marketing registration. It gives the Partner no own, independent or exclusive mandate and no inclusion in its own portfolio within the meaning of section 4.2. The Partner does not present the property as its own mandate or as exclusive. The seller's instruction to Vivienda stays unchanged. With public publication, information may be indexed by search engines and copied or cached by portals and third parties. The Partner takes this into account.

13.8 Service providers. The Partner may pass the material only to service providers needed for the channels in section 13.2 and only for this property, and only as far as the seller has approved this in the form, such as portals, the CRM system, advertising and newsletter services. The Partner stays responsible for their use. It does not use a service whose terms ask for wider use of the material than is needed to show or process it, such as reuse by unlimited third parties or for other purposes. This section gives no general consent to reuse by third parties.

13.9 Change or withdrawal. The seller may later return from public promotion to private presentation. Sale, withdrawal of the property or the end of the instruction also ends public promotion. Vivienda then sets the property back to private presentation or removes it from the network, stops downloads of promotion material and sends the Partners that promote the property or downloaded the material a removal instruction by email or through the member area. The Partner carries out that instruction within 5 working days of receiving it. It takes the property's advertisements and pages offline, stops portal feeds and paid promotion, removes the property from window and shop displays, makes no new printed presentations or newsletters with the property, sets the property in its internal system to not promoted, and stops using the downloaded promotion material and deletes it, except where the law requires it to be kept. On request the Partner confirms in writing that this has been done. After the return to private presentation, the rules of section 13.1 under 1 apply again.

13.10 Material already distributed. Vivienda and the Partner cannot promise that everything disappears from the internet completely and immediately. Search engine caches, portal feeds, newsletters already sent, printed materials and copies outside the Partner's direct control may remain visible. The Partner does what is reasonably possible: it asks portals and other platforms to remove the property, asks search engines where possible to refresh the display, sends no new material featuring the property and takes printed presentations out of use. Newsletters and emails already sent need not be recalled.

13.11 End of the subscription. If the Agreement ends for any reason, all promotion and download rights for all properties lapse on the end date, including for properties with public promotion. The Partner carries out section 13.9 for all those properties, stops using downloaded material and deletes it or puts it out of use. No lasting licence is granted. Section 13.10 applies to what has been distributed by then.

13.12 Responsibility and supervision. The Partner is responsible for the accuracy of the texts, the price and the status in its own material. Before publishing it checks the current price and status in the member area, updates or removes its material as soon as the property is sold, reserved or withdrawn, and keeps to the promotion choice, the channels and the rights. It reports claims from photographers or sellers, misuse of its channels and reports from third parties to Vivienda without delay and helps resolve them. Vivienda may reset a property's promotion choice, block downloads and ask for removal. Vivienda is not liable for the Partner's material. This section adds no new penalties or extension of liability.

13.13 Right of use and chain of rights. The Partner receives a limited, non-exclusive, non-transferable and non-sublicensable right to use the material, except for processing by service providers under section 13.8. The right applies per property, only for the channels in section 13.2 and only while public promotion applies to that property and this Agreement runs. Downloading gives no ownership or other intellectual property right. Vivienda grants no rights that neither it nor the seller holds.

14. Law and disputes

Spanish law applies. The parties first try to resolve a dispute by talking. If that fails, the courts of Dénia have jurisdiction.

Version 1.0 · effective date 1 November 2026. Existing acceptances and the change procedure remain applicable.

Document updated: · v1.0