Affiliate contract

Affiliation contract BETWEEN THE UNDERSIGNED:

Elyssa cosmetics Hereinafter referred to as "The Affiliate",

Firstly,

AND "The Affiliate",

On the other hand,

Hereinafter referred to as the "Party" alone and together the "Parties".

IT IS FIRST REMEMBERED THAT:

The Affiliator, Elyssa cosmetiques, wishing to promote its products and services to users of the Affiliates' sites, blogs and social networks, has reached an agreement with the Affiliate in order to define the conditions of promotion of the Site.

Elyssa cosmetics offers an affiliate service to promote their services through the Affiliate network.

CONSEQUENTLY OF THE ABOVE, THE PARTIES AGREE AS ​​FOLLOWS:

1. DEFINITIONS:

• Affiliate Commission:
• The amount owed by Elyssa cosmetics for each sale is set at 10%.
• Promotional Tool:
• Promoting the Elyssa cosmetics Site and integrating a hypertext link sending the user back to the Site following a click.

1.3. Platform :

Software solution of the Elyssa cosmetiques Affiliate, which it makes available to the Affiliate on the Internet, which the Affiliate accesses via a username and password and providing the services described in article 2 of the contract.

1.4. Program :

Advertising or promotional campaign for the Elyssa cosmetics Site.

• Activity Report :
• Weekly statement showing the statements of the Monitoring Tool for each Program, the performance or the result and the Affiliate Commission. This Activity Report can be consulted online on the Platform, via a dedicated and secure extranet.

1. OBJECT :

The purpose of this contract is to define the legal, technical and financial conditions according to which Elyssa cosmetiques makes available to the Affiliate its software platform and its tools as well as a network of Affiliates allowing the latter to promote its products at through a network of Affiliates and to manage its affiliate programs and related remuneration.

In return for which, Elyssa cosmetiques will pay the Affiliate a remuneration on its sales.

• The Affiliate Software Platform The tracking tool designates the software solution allowing Elyssa cosmetics to observe the number of clicks on a Promotional Tool as well as the number of Events. The Activity Report is produced on the basis of the data appearing in the Monitoring tool. An administration interface that allows Elyssa cosmetics to:
• — create, modify and terminate a Program at any time
• — validate/refuse/deactivate Affiliates, it being specified that Elyssa cosmetiques has the right to terminate an Affiliate's participation in an Elyssa cosmetiques Affiliate Program at any time for any reason.
• — view and validate the Activity Report of its Programs.
• DURATION Each of the parties may terminate the contract, as of right, without any other formality. Registration for the Elyssa cosmetics affiliate program is free and without obligation.

1. LIMITATION OF LIABILITY:

Elyssa cosmetiques cannot be held liable to the Affiliate for any damage, direct or indirect, that may arise from one or other of the following cases:

— modifications made to the software components by a person other than Elyssa cosmetics or under the latter;

— intentional introduction by the Affiliate of a computer virus in the server or in the Sites, having an effect on the proper functioning of the Promotional Tools;

— illegal or unauthorized intrusion by any third party into the Affiliate's extranet;

— interruption of the Internet connection service for a cause beyond the control of Elyssa cosmetics.

Elyssa cosmetics is not responsible for the legal status of affiliates.

ARTICLE 12. INTELLECTUAL PROPERTY:

It is expressly agreed that this contract does not confer any right to the Affiliate on the data contained on the Website of Elyssa cosmetics and its products.

Elyssa cosmetiques authorizes the Affiliate to use its trademarks, trade names belonging to it, distinctive signs and more particularly all intellectual or industrial property rights over which Elyssa cosmetiques holds said intellectual property rights, strictly within the framework of this contract.

The Affiliate also acknowledges that the aforementioned use granted to it does not confer any right of ownership on these elements. Similarly, the Affiliate may not under any circumstances rely on the name or brand of Elyssa cosmetiques for commercial or promotional purposes, and in particular if it concerns the marketing and promotion of similar or competing services.

1. PERSONAL DATA :

In the event of processing by Elyssa cosmetiques of the personal data of customers/users of the Sites, Elyssa cosmetiques undertakes to strictly comply with all laws and regulations relating to data protection and privacy or other applicable regulations such as Law No. 78 - 17 of January 6, 1978 amended relating to data processing, files and freedoms (in particular to make the declarations and obtain the necessary authorizations) and as such guarantees the Affiliate against any recourse resulting from any violation of the said laws and regulations and indemnify it, if necessary, for the consequences of such recourse.

1. GUARANTEES:

The Affiliate agrees that the Programs of Elyssa cosmetiques will not be broadcast on Affiliate sites that violate public order, are contrary to morality or contain elements that are violent or incite hatred.

Elyssa cosmetiques undertakes to refuse access to its platform to Affiliate sites likely to infringe the rights of a third party or violate rules of public order.

Elyssa cosmetiques cannot be held responsible for the abusive and fraudulent use of its service and/or its Platform by these same Affiliates if it is unaware of it.

Elyssa cosmetiques guarantees the Affiliate against all recourse by third parties having as its cause or object the content of its Sites and more generally against all recourse having as cause or object the fact of the Publisher Elyssa cosmetiques.

The Affiliate undertakes to inform Elyssa cosmetiques of any recourse having for cause or object the content of one of its Sites by registered letter with acknowledgment of receipt within 7 days from the knowledge by the Affiliate appeals.

Elyssa cosmetiques guarantees the Affiliate against any recourse by Affiliates relating to the calculation and payment of the remuneration of Affiliate Commissions.

Elyssa cosmetics also guarantees that the services offered comply with the rules of the art and the commercial standards of the sector.

Finally, Elyssa cosmetiques guarantees that the Affiliates participating in one or more Programs will comply with the obligations of this contract, and will assume all recourse and claims of the Affiliate and/or third parties in this respect.

1. PRIVACY :

The parties undertake throughout the duration of the contract to treat as confidential any information of any nature whatsoever, marketing, commercial, financial or relating to methods or know-how as well as the terms of this contract. However, it is expressly agreed that the parties may cite their collaboration for any publicity or promotion of their respective activities subject to the prior written consent of the other party.

1. MISCELLANEOUS This contract expresses all the agreements and conventions between the parties. It cancels and replaces all other verbal or written agreements of any kind whatsoever that may have been entered into beforehand between them. The renunciation of one of the parties to avail themselves of their rights, on the occasion of any violation of the provisions of this contract by the other party cannot be interpreted as a definitive renunciation to avail themselves of their rights subsequently.
2. APPLICABLE LAW

- ATTRIBUTION OF JURISDICTION The contract is interpreted according to French law. Any dispute that may arise from the conclusion of the execution or interpretation of this contract will fall under the jurisdiction of the courts of Paris France. I agree to have read and accept the conditions of this contract and I register for the Elyssa cosmetics affiliate program.

Elyssa cosmetics