Affiliate Program - Terms & Conditions
Contents:
Your obligations
Payment details
Privacy
Your obligations
These terms and conditions (“Terms”) apply to your participation in the Stefano Design Affiliate Program (“Program” or “Affiliate Program”). This is a binding legal agreement (“Agreement”) between you (the “Affiliate”, “You” or “Your”) and VB MOBILIER (“VB MOBILIER”). Stefano Design (“Stefano Design”), headquartered at 7 le poutéou ouest, 33690 SIGALENS.
The parties are hereinafter referred to individually as the “Party” and jointly as the “Parties”.
1. General
1.1. As an Affiliate, you will generate leads by directing traffic from your website or platform to our website, www.stefanodesign.fr, and its sub-domains and by referring potential users to Stefano Design.
1.2. In order to keep precise track of all leads and traffic to Stefano Design you generate from your website or (social media) platform, you will need to use the tracking links provided by Stefanohttps://www.stefanodesign.fr/programme-daffiliation-conditions-generales-dutilisation/ Design on the affiliate platform for all outputs related to Stefano Design. You can request other tracking links in addition to those provided with the offer(s) by sending an e-mail tovalentin@stefanodesign.fr.
1.3. Maintaining and updating your website and/or platform is your responsibility. Stefano Design can monitor your activities, website and platform to ensure they are up to date. Based on this monitoring, we can inform you of any changes that could improve your performance. You will cooperate with Stefano Design in reviewing your activities under the Affiliate Program.
1.4. You may only use the creations and designs of Stefano Design explicitly provided or approved by Stefano Design. You may not use the Stefano Design on your website, platform or in your messages, with the exception of branding that has been provided by Stefano Design. Stefano Design reserves the right to demand that certain creations and designs be withdrawn if they do not conform to the regular Stefano Design brand.
1.5. You will act in accordance with all applicable laws and all codes of conduct, practices and procedures relevant to the e-commerce industry.
1.6. You may not use the Stefano Design tracking links provided by Stefano Design for any purpose other than as permitted by the Terms or applicable law.
1.7. These Terms do not constitute a contract of employment or partnership between you and Stefano Design.
1.8. You may not compete with Stefano Design for keywords owned by or in the interest of Stefano Design. This includes, but is not limited to, keywords in popular search engines such as Google and Bing. Stefano Design reserves the right to decide which keywords are in its interest. These keywords include, for example, any keyword that includes the term ” Stefano Design ” (e.g.stefano design , stephano design, stefano design avis, fauteuil stefano design), any of Stefano Design ‘s products, or misspellings of such terms.
1.9. Please ensure that third parties do not get the impression that Your Content is official Stefano Design content. It’s up to Stefano Design to decide whether or not this is the case. Similarly, please ensure that all content relating to Stefano Design contains accurate and up-to-date information and is free from (spelling) errors.
1.10. Affiliates who wish to promote Stefano Design through third parties will be classified as networks. Networks are directly responsible for the advertising materials, methods and channels of their third-party affiliates. Networks are not authorized to offer a higher CPA to their third parties than the CPAs indicated in Appendix 1 of this contract.
2. Compensation
2.1. As an affiliate of Stefano Design, Stefano Design will compensate you in accordance with the payment details in Appendix 1 for generating leads by directing traffic from your website to our website,www.stefanodesign.fr, and its subdomains and referring potential users to Stefano Design.
2.2. Please refer to the payment details for exact compensation details. Details of remuneration can be found in Appendix 2.
3. Privacy
3.1. You will treat all information received from Stefano Design concerning Stefano Design’s business and software with complete confidentiality, both during and after termination of this Agreement.
3.2. This information may not be disclosed, in whole or in part, to any other person, company or organization without the prior written consent of Stefano Design. You may only use this information to carry out your obligations under this contract.
3.3. Upon termination of this Agreement, you will remove all such information from systems other than those of Stefano Design and destroy all copies thereof within 48 hours of termination.
4. Intellectual property
4.1. Stefano Design retains full ownership of all its intellectual property rights, whether registered or not, or any other protection of a similar nature.
4.2. For the duration of this contract, Stefano Design grants you a non-exclusive, royalty-free license to use its trademarks in connection with the performance of this contract, provided that they are used in accordance with Stefano Design’s branding guidelines and instructions. This license may be revoked by Stefano Design at any time and terminates automatically upon termination of this agreement for any reason.
5. Reputation protection
5.1. You will not take any action that is intended to or could reasonably be expected to disparage or harm Stefano Design or its reputation or that could reasonably be expected to lead to unwanted or unfavorable publicity for Stefano Design. This includes, but is not limited to, not publishing content that (i) is illegal, (ii) infringes the personal rights or intellectual property of a third party, or (iii) is harmful, sexually explicit, harassing or promotes violence, discrimination or contains other material that could reasonably be considered objectionable.
6. Penalty
6.1. In the event of any breach of provisions 3, 4 or 5 of this contract, you shall, upon written notice from Stefano Design containing proof of such breach, be liable for a fine of €10,000 for each such breach. Stefano Design does not have to prove loss or damage. This provision is without prejudice to Stefano Design’s right to claim damages where appropriate and does not imply full and final settlement.
7. Duration and termination
7.1. The present Conditions take effect on the date of their acceptance by You and remain valid until further notice. Both parties may terminate the contract at any time. In this case, they must give 30 days’ notice.
7.2. Notwithstanding clause 7.1, Stefano Design is entitled to terminate this contract with immediate effect if you breach this contract or are unable to comply with the conditions or any of your obligations as described in this contract.
7.3. In the event of termination of this agreement, you must remove all content relating to Stefano Design and the Affiliate Program as soon as possible and in any event within 48 hours of termination.
7.4. If any provision of these Terms is found to be invalid or void, the remaining provisions shall not be affected thereby and shall remain in full force and effect.
8. Modification
8.1. Stefano Design may modify or amend these Terms at any time by notifying you. If you do not agree to any such modification or variation, you may terminate this contract with 30 days’ notice.
9. Limitation of liability
9.1. Under no circumstances Stefano Design shall not be liable to You for any loss or damage, whether indirect, incidental, special, personal or consequential, including, but not limited to, loss of profits or loss of business opportunity, even if such loss or damage was foreseeable and Stefano Design of the possibility of such loss or damage.
9.2. Stefano Design’s liability shall be limited to and shall not exceed the amounts paid to you by Stefano Design in commissions during the six months immediately preceding the request.
9.3. If you become aware of any damage and/or loss that you wish to claim from Stefano Design, you must do so within a reasonable period of time. Failure to notify Stefano Design within this reasonable period of time will automatically release Stefano Design from liability.
10. Mutual indemnity
10.1. Each party hereby agrees to indemnify and hold the other party harmless from and against any and all claims, demands, costs, liabilities, losses, expenses and damages based on (i) any misuse by you or any party under your control,
(ii) any claim relating to your content published in connection with this agreement, and (iii) any default or breach of this Agreement.
11. Applicable law
11.1. This contract is governed exclusively by French law.
11.2. The courts of Bordeaux have exclusive jurisdiction in the event of a dispute.
Appendix 1 - Payment details
1. Standard CPA commission structure (applies unless a separate agreement has been reached)
User action
Payment
Percentage of customer order amount excluding VAT
2. Terms of payment
2.1. Stefano Design will pay you for each Qualified User. For a referred person to be considered a Qualified User, the following conditions must be met:
2.1.1. The referred user has ordered on the Stefano Design website from a direct recommendation from your website or platform, has been approved, has ordered their first order ;
2.1.2. the referred user is not already a Stefano Design customer and has not already been referred by another affiliate;
2.1.3. you have not violated any requirements or obligations under these Terms or applicable law.
2.2. In addition, the qualified user :
2.2.1. is not a robot, computer script or any other automated or artificial method;
2.2.2. must complete payment of the order within the time limit set by Stefano Design;
2.2.3. can be determined later by Stefano Design as fraudulent, incomplete, unqualified or duplicated.
2.3. We reserve the right to re-invoice amounts previously paid to you for the referral of Qualified Users if it is determined that the requirements set forth in this Agreement have been violated.
2.4. Stefano Design is exclusively authorized to determine whether a Qualified User has been successfully registered. This cannot be manipulated by the use of your pixel.
3. Terms of payment
3.1. Payments will be made monthly with a maximum payment term of fourteen (14) days.
3.2. If you are in the EU/EEA, payments will only be made in EUR to an EU/EEA IBAN. The IBAN number/bank account must be under the same personal or business legal name as the one associated with your affiliate account.
3.3. You are responsible for updating your billing information on the Stefano Design affiliate platform.
3.4. All default payment prices in the offers are in EUR and include VAT.
3.5. After Stefano Design has determined the amount to be paid to you in accordance with section 2 of this appendix, Stefano Design will send you an invoice. If you wish to dispute the invoice, you must do so within 14 days of the date shown on the invoice. If you do not dispute the invoice, you hereby agree to irrevocably waive any claim based on such invoice.
Appendix 2 - Confidentiality
In order to establish and maintain a business relationship with the Affiliate, Stefano Design collects and processes the personal data of individual contact persons (name, e-mail address and telephone number).
Personal data will be retained for the period necessary in relation to the purpose for which it was collected or processed, unless a longer retention period is required or permitted by law.
You have the right to access your data and to request its correction or deletion if it is inaccurate, incomplete or irrelevant to the purposes for which we process it.
We store personal data securely and never sell or rent it to unauthorized third parties. We may share it with trusted third parties, who may be located outside Europe, in order to properly manage our relationship with the affiliate through the affiliate platform. Stefano Design. We ensure that third parties will treat Your personal data with the same care as we do and adhere to all applicable laws and regulations regarding the processing of personal data.
If you have any questions regarding the processing of personal data, please consult our privacy statement or contact our DPO atprivacy@stefanodesign.fr.
