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Affiliation Program Terms and Conditions
Object
Creating a mutually profitable business relationship between two parties: an Affiliate site (here after called the "Affiliate") and www.debauve et gallais.com (here after called the "Site"), a website owned and operated by Debauve et Gallais SAS (here after called Debauve et Gallais), a company registered in France.
The essence of this Agreement is as follows
- The Affiliate and Debauve et Gallais are independent contractors, and nothing in this agreement (here after called the "Agreement") will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
- The Affiliate places a banner on his site that directs its visitors (here after called the "Visitor") to the Site. The Visitor clicking on this banner will find himself on the Site home page. If the Visitor orders, one or several Site products, he becomes a customer ( here after called the "Customer" ). Then a remuneration will be due to the Affiliate if the Site confirm the order ( Debauve et Gallais reserves the right of not confirming an order for some reasons related to, in particular, the identity of the Customer or forseeable difficulties connected to the delivery out the United States, West Europe and Japan ).
- The commissions ( the 5% Commission, the Bonus and the Extra-Bonus ) due by Debauve et Gallais to the Affiliate ( here after called the "Commissions" ) are calculated by multiplying a rate to the total value of the first order by the Customer. Commissions are only paid once the order has been delivered and paid for. The 5% Commission is paid on the first order by the Customer. An attractive 3 % Bonus is paid on the first 10 orders coming through the Affiliate. A stimulating 4 % Extra Bonus is paid on the total amount of sales of a quarter coming through the Affiliate site if it exceeds 3000 Euros.
- Obligations of Debauve et Gallais
- The sales contract is non exclusive, subject to the www.debauve-et-gallais.com terms and conditions (here after called "B2C Terms and Conditions"), between the Customer and Debauve et Gallais. Debauve et Gallais assumes the entire responsibility of correctly executing the order, discussing with the Customer if required, delivery, taking payment and after sales service when required. Once the Customer enters the Site, he becomes the exclusive property of Debauve et Gallais as to the address, name, product purchased and other relevant information. Any such can only be communicated to the Affiliate by prior permission of the Visitor.
- Identification of the Customer and payment of commissions
Under the present system, the Customer coming on the Site from an Affiliate is identified by a code in the URL specific to him. The code is supplied by the Site. Only the orders coming to the Site from the Affiliate with the code properly set in the URL, will be valid.
The commission payable on a paid order are calculated on the total price paid by the Customer. (which includes transport and packaging). An affiliate can monitor in real time orders attributable to him through an account ( here after called the"Account").
The commissions due are paid 15 days after the end of each calendar quarter, subject to recovering an invoice. The Commissions due are paid via credit transfert: so the Affiliate must communicate to the site ( Request an Account form) the IBAN ( International Banking Account Number ) of the account he want to be credited. Any amount due at the end of a quarter that is less than 100 Euros will be carried forward to the next calendar quarter payment, so as to prevent excess accounting and bank charges. Should for any reason the present agreement be cancelled, all sums due will be paid regardless of the amount.
- Site content
The Site is under the obligation to notify the Affiliate of any changes or modifications to the URL as described in the link so that the link between the Site and the Affiliate is guaranteed to work. The Affiliate agrees to accept any modification to the URL and on occasions any problems of a technical nature that the Site might be subjected to.
- Reserving the right to accepting an Affiliate
Debauve et Gallais Affiliation Program is open to any internet site that fills and sends the request for an account form. But Debauve et Gallais reserves the right to refuse an application for any reason, or for any cause that it might judge, in its sole discretion, not in the interest of the company.
- Duration
The Agreement between an Affiliate and the Site starts once the banner with the code properly set in the URL is showing on the Affiliate site. This Agreement will be in existence until such time as either party has notified the other party by register mail that they wish to terminate the partnership. The effective date of such termination is at minimum one week after receipt of such notification.
- Policies and Pricing
As previously stated, the Customer who buys on the Site through the Affiliation Program is exclusively a customer of the Site. Accordingly, the B2C Terms and Conditions are applicable to him. Debauve et Gallais may change the B2C Terms and Conditions, prices or ranges of products, or operating procedures at any time. For this reason the affiliate don't include pricing or detailed product information on its site.
- Advertising
The Affiliate is not allowed to create, publish, deliver, or permit any written material that makes reference to the Site without prior and written consent from Debauve et Gallais.
- Modifications
Debauve et Gallais reserves the right, in its sole discretion and at any time, to modify the Affiliation Program Terms and Conditions. The Affiliate is notified by e-mail. If any modification is unacceptable to the Affiliate, the only recourse is the refusal of such change that will automatically terminate the Agreement.
- Governing law - Competent courts
The Agreement is governed exclusively by the french law. Any litigation or dispute under the Affiliation Program Terms and Conditions shall be brought only before the competent courts of Paris. |
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