Policy & Conditions of Affiliation
GENERAL CONDITIONS OF AFFILIATION
The general conditions of affiliation apply between:
The company JL. DELPECH owner of the trademark ONLYOUSHOP; the domain name and site www.onlyoushop.fr, whose registered office is at La Bouchesse, 26120 LA BAUME CORNILLANE – FRANCE
the Company ; the association owner of a website called the "PARTNER"; "The AFFILIATE" or "APPLICANT"
As previously stated that:
The company JL. DELPECH, its brand ONLYOUSHOP and website www.onlyoushop.fr wishes to optimize its traffic and promote sales through the establishment of links to guide third party websites visitors to that site www.onlyoushop. fr.
The PARTNER is interested in the establishment of such a link on its website, against remuneration.
Present general conditions define the terms of this collaboration.
It was agreed that:
- The purpose of the contract of affiliation:
The company JL. DELPECH and trademark ONLYOUSHOP offers an affiliate program to allow between the PARTNER website and the website www.onlyoushop.fr as defined in the application form which the PARTNER subscribes, the implementation of one or more hyperlinks, allowing, by means of an icon; a photograph; a graphic banner pointing to a page of the site www.onlyoushop.fr, visitors to the PARTNER the site to be redirected to the www.onlyoushop.fr site.
In exchange for the implementation of this or these hyperlinks on the PARTNER website, the company JL. DELPECH remunerate the PARTNER on the basis of a commission defined in Article 5 - "Commission and remuneration" of this contract.
- AFFILIATE status:
The PARTNER declares be at least 18 years old and have legal capacity to become an affiliate and be an association or a company with a Internet.
The company JL. DELPECH and trademark ONLYOUSHOP reserves the right to refuse and reject any application for registration if the proposed site would not meet the requirements set internally by the company JL. DELPECH (requirements vary according to the needs and evolution of the company) .
In any case, the site and the person responsible for the site APPLICANT, may not have recourse or access to compensation of any kind whatsoever.
To apply, the owner of a website must meet beforehand the registration form available online and must accept these Terms of Affiliation.
The electronic validation of the form and its Terms consubstantial following these leads their acceptance without reservations, the PARTNER expressly recognizing that its electronic signature constitutes proof of its special acceptation.
All company or association, owner of a website for the public can apply for the affiliate program of ONLYOUSHOP.
However, as mentioned above, the company JL. DELPECH and ONLYOUSHOP trademark reserves the right to reject, at its discretion, any application for membership, without having to justify this decision.
It is already clear that a priori excluded are sites that:
- contain racist, defamatory or incitement to any form of discrimination or extremism;
- offer content that is pornographic or erotic nature;
- would harm the image of ONLYOUSHOP or its sales policy, its interests and the interests of its customers
- do not comply with laws and regulations and third party rights;
- whose legal form, legal responsibility and address are not clearly identified.
The company JL. DELPECH is only decision maker of the sites it holds for the present affiliation agreement and sites in which it rejects the application without having to justify its decision, without any possible appeal or any kind of compensation whatsoever.
Candidate sites will also fundamental to have an electronic mail address at which they elect domicile for the registration form. The company JL. DELPECH send to each candidate, by postal or electronic mail response.
This agreement will enter into force after the sending by the company JL. DELPECH a postal or electronic mail of acceptance of the candidacy of the PARTNER.
The PARTNER, owner of the successful website represents and warrants to the company JL. DELPECH and trademark ONLYOU SHOP that it has made or that it will, at its expense and under its sole responsibility, all administrative procedures concerning (including with the tax authorities) that might be necessary because of the conclusion hereof.
The PARTNER guarantees the company JL. DELPECH and trademark ONLYOUSHOP against any claim of a third party in this regard.
In addition, the PARTNER will ensure at its own expense and under its sole responsibility to his host, he has the right to create links to a merchant site and thus have trade relations.
The PARTNER guarantees The company JL. DELPECH and trademark ONLYOUSHOP against all appeals against it as such.
Moreover, the PARTNER declares and guarantees The company JL. DELPECH and trademark ONLYOUSHOP held on the texts; iconography; photographs; images and graphics displayed on the pages of its site all the rights necessary for the webcast and guarantees in this respect the company JL. DELPECH and trademark ONLYOUSHOP against any claims of any third party whatsoever.
- Links used:
- Types of linkages and implementation
The PARTNER is free to choose among the modules offered by ONLYOUSHOP, or the types of links it wants to create between its site and www.onlyoushop.fr.
To enable the creation of these links, ONLYOUSHOP communicate to the Site PARTNER identifying code and html code required to create hypertext links. It is recalled that these codes should in no way be altered without prior agreement of the company JL. DELPECH and trademark ONLYOUSHOP.
All links provided will be implemented by the PARTNER, at its expense and at their own risk.
The company JL. DELPECH, its brand ONLYOU SHOP and website www.onlyoushop.fr cannot be held responsible for temporary unavailability of the link, for any reason whatsoever.
The website PARTNER undertakes not make any kind of advertising or communication to generate a confusion between the PARTNER website and www.onlyoushop.fr.
In particular, the PARTNER is expressly forbidden to carry out shipping operations in numbers emails or "spam" (unsolicited mail shipments) in order to increase the income generated by this contract.
The partner is also prohibited to use any computer program can select the hyperlink in place and returning directly to www.onlyoushop.fr.
- Pausing and account closure
If the PARTNER website or website www.onlyoushop.fr were victims of intrusions by unauthorized third parties and prove corrupt in consequence, each party may take appropriate technical measures to the website is concerned, to stop intrusions by suspending direct connection between the PARTNER website and that of ONLYOUSHOP, without notice.
The suspension of the connection between the sites by either party as provided above, not be open for the benefit of one or the other party a right to any compensation.
Furthermore, in the event that the company JL. DELPECH detected any act designed to enable increased revenues through methods contrary to the needs of the site www.onlyoushop.fr (eg clicks coming from not consenting users and / or have been forced to go on www.onlyoushop.fr the site), the company JL. DELPECH reserves the right to stop access to the Affiliate Account and programs. These malpractices will be abusive and not give rise to any payment of amounts in progress.
In this situation, the company JL. DELPECH reserves the right to complain, to demand repayment of amounts previously paid as well as damages.
The mere suspicion will lead to more or less important measures, ranging from a warning to the closure of the account of the affiliate, followed potentially lawsuits.
- Fees and remuneration
THE AFFILIATE receives commissions amounting to 5% of the amount of sales made, excluding delivery costs, to customers who clicked on the link or links only from the site of the AFFILIATE.
Commissions are automatically calculated on the basis of the only information held by the administration and the server www.onlyoushop.fr and statistics from the company JL. DELPECH, the parties agree and recognize fair and accurate.
- Terms of Payment
At the end of each month, the company JL. DELPECH will send to the AFFILIATE a statement of sales to users from its site in the past month, less if any returns and doubtful accounts.
The AFFILIATE's progress report is available at any time at the www.onlyoushop.fr website by logging on to their personal account.
Upon receipt of the sales status, the AFFILIATE charge the company JL. DELPECH the amount of commission due to him. The company JL. DELPECH will settle the AFFILIATE within 30 days of receipt of the invoice.
Commissions will be paid to PARTNER currency Euro, by bank check to the order that the PARTNER will be informed or by electronic payment or Paypal using the information provided.
If possible bank fees were incurred by the bank in the PARTNER or electronic platform of payment, they will be charged to the PARTNER.
The issue of an invoice by the PARTNER is subject to a minimum of 100 Euros compensation. If this amount is not reached, a cumulative deferral is performed by the current month to the next month.
- Arrangements and duration of the contract
This partnership contract is not exclusively for an indefinite period from the effective date as defined in Article 2. Either party may terminate it by unsubscribing to the affiliate program, without notice at any time and as of right and without compensation.
In all cases of termination hereof, the PARTNER agrees to cut all possible links between its website and www.onlyoushop.fr and remove and destroy all text elements; graphics or techniques that have allowed the bond to www.onlyoushop.fr so that no reference is no longer on the PARTNER website.
In all cases, no severance will be due to the PARTNER by the company JL. DELPECH at the end of the contract.
It is expressly agreed that the access to content and data present on www.onlyoushop.fr confers no rights on the PARTNER these contents and data, which remain the exclusive property of the company JL. DELPECH.
In addition, the company JL. DELPECH reserves the right to modify at any time and as of right, all or part of these Terms of Membership including the amount of commission.
They will be brought to the knowledge of the PARTNER by email.
Following the 48 hours from the date of dispatch of mail, all changes will be applicable and enforceable as of right to PARTNER.
- Responsibilities – Guarantees
- The company JL. DELPECH undertakes to implement all means to ensure the execution of this contract. Without guarantee a flawless service or error free, the company JL. DELPECH will endeavor:
- to ensure the proper functioning of the service under conditions acceptable reliability and security for the PARTNER;
- to remedy as quickly as possible to any element likely to prejudice the proper functioning of the network.
- The company JL. DELPECH does not guarantee that the services will meet all the needs of the PARTNER; they will be uninterrupted; timely; safe or free from error; the results obtained from the use of these services will be accurate and reliable; that the quality of any products, services, information obtained by the PARTNER will live up to expectations or that any defects in the software used will be an intervention to eliminate these defects. In particular, the responsibility of the company JL. DELPECH cannot be held due to a malfunction of the computer systems of the company JL. DELPECH or platforms for its technical partners, although the interruption of service caused the PARTNER harm or loss of profits. Accordingly, no compensation shall be payable by the company JL. DELPECH as such.
- No advice or information given by the company JL. DELPECH or obtained by the PARTNER during the execution hereof, given verbally or in writing, will be likely to create guarantees or obligations on the company JL. DELPECH not expressly provided for in this Agreement.
- The decision of the company JL. DELPECH to accept AFFILIATE may in no case confer the status of commercial agent; agent; employee or representative of the company JL. DELPECH. Furthermore, none of the AFFILIATE will make a commitment on behalf of the company JL. DELPECH nor represent, undertake commitments on behalf of the company JL. DELPECH C for any reason whatsoever.
- In the event that legal action was brought by any third party against the company JL. DELPECH, due to damage resulting from the PARTNER connection to the technical platform of the site www.onlyoushop.fr the PARTNER guarantee the company JL. DELPECH for any direct or indirect damages and any criminal record resulting from this lawsuit, including attorney fees; costs; interests; damages so that the company JL. DELPECH is not worried about it and that the impact of this legal action is totally neutral for the company JL. DELPECH.
For its part, the company JL. DELPECH undertakes to inform without delay the PARTNER of any claim likely to involve the judiciary so that it takes all relevant provisions on the subject.
- The company JL. DELPECH may pause connecting AFFILIATES its technical platform in order to perform maintenance or improvement of the network, provided to ensure, to the extent possible, that these interruptions affect fewer possible performance of this contract.
- The PARTNER declares and guarantees to the company JL. DELPECH he proceeded and will proceed at its own expense and under its sole responsibility, all administrative, legal or tax proceedings concerning that might be necessary as a result of the conclusion of these guarantees and the company JL. DELPECH against any claims of third parties in this regard.
- The PARTNER declares and guarantees to the company JL. DELPECH held on the texts; icons; photographs; images and graphics affixed to the pages of its site, all the rights necessary for the webcast and guarantees the company JL. DELPECH against any claim of a third party in this regard.
- The connection of the PARTNER sites to those of www.onlyoushop.fr via the technical platform of the web host does not confer or ONLYOUSHOP the one nor the other, no franchise fee; assignment or use of works; trademarks; models; patents; icons; drawings or graphics affixed to the pages of websites and connected.
- Protection of personal data
The company JL. DELPECH is committed to protecting the personal data of the PARTNER. These are treated with the strictest confidentiality, in accordance with our policy of protection of personal data and our declaration to the CNIL.
The Parties agree to make every effort to resolve any disputes that might arise in the interpretation and implementation of this contract by a procedure previously friendly to the commitment of any litigation.
Any dispute concerning the interpretation, performance or breach hereof shall be subject to the Act and the French law and the competent courts, even in cases of appeal or multiple defendants.
By entering the affiliation agreement proposed by the company JL. DELPECH, its brand ONLYOU SHOP and website www.onlyoushop.fr, the PARTNER have read these Terms and Conditions of Affiliation and that I accept all of its terms and conditions.
The electronic signature of the PARTNER, incorporated:
- filling the registration form;
- the acceptance of these conditions of membership;
- the "click" on the CONTINUE button at the bottom of this form,
constitutes proof of its commitment.
Any difficulty of interpretation or application of this contract after attempted amicable resolution will be submitted to the appreciation of Valence (26) - France Commercial Court.