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Affiliation contract conditions

 

This contract complies with the rules of electronically based contracts and respects the law for confidence in the digital economy. The contract is based on the French laws. The professional and commercial rules are available on our website at this address http://www.easyflirt-partners.biz

1 - Purpose:

The purpose of the present contract is to define the respective terms of collaboration between Easyflirt and the affiliate.

This affiliate will have to clarify the status of its activity in the registration form attached to this contract and is committed to provide real informations. Any false or erroneous information incurs the affiliate's liability.

The affiliate declares that it is aware of the affiliation's technical and legal consequences.

The contract functions as follows:

The affiliate inserts URL links on its website that link to the part of the Easyflirt website it has previously personalised:

  • Insertion of its website logo.
  • Change background colours, blocks and font.
  • Choice of sections provided by Easyflirt.
  • Any other future information

The affiliate receives a percentage (visible on Easyflirt) of the revenue generated by the part of the Easyflirt website it promotes.

2 - Affiliate registration procedure

To register, the member completes the form available on http://www.Easyflirt-partners.biz and must validate it.You certify taht the following informations are correct and agree to the terms and conditions of the contract.

By validating ist demand, the person becomes an affiliate according to the terms presented. Easyrencontre may cancel the registration without having to give any reasons for his refusal and in particular when :

  • The affiliate's website does not comply with legal requirements.
  • The affiliate's website does not comply with the Easyflirt brand image.
  • The website's publisher has been convicted criminally for illicit content.

The affiliate acknowledges that its electronic signature constitutes proof of its acceptance.

You can change the data in the contract by returning us a new one at the following address : http://www.easyflirt-partners.biz/u_signup.php. You can send us the contract if you think that those informations are correct.

3 - Easyflirt's obligations

Easyflirt undertakes to technically make available to the affiliate:

  • The redirection URLs to the part of the Easyflirt website reserved for the affiliate.
  • Interfaces to personalise the affiliate's part of Easyflirt.
  • An interface to display its statistics.

Easyflirt undertakes to:

  • Pay commissions within contractual deadlines except for cases beyond Easyflirt's control (postal strike, etc.).

The affiliate will receive no education, no order or advice of any kind from Easyrencontre. The answers that Easyflirt might provide the affiliate are given as a rough guide and do not replace a consultation.

4 - The affiliate's obligations

All of the links will be implemented by the affiliate under its sole and full liability.

The affiliate undertakes not to modify in any way whatsoever the 'html' source code provided by Easyflirt and more generally all technical affiliation elements.

The affiliate undertakes not to present hypertext links in such a way that they might create confusion in the public's mind between the affiliate's website and Easyflirt's website.

The affiliate undertakes not to deceive the end user on the cost of communications or subscriptions that have already been specified.

The affiliate is liable for the entire contents it makes available on its website and guarantees such contents do not contravene the law and Internet practices and especially, but not limited to:

  • No defamatory, insulting, inappropriate, abusive, hateful, racist, xenophobic, pedophile, homophobic, revisionist content or content content contrary to public order or morality, affecting privacy, the honor or reputation of others, threatening a person or group of persons is allowed.
  • No content inciting to discrimination, hatred of a person or group of persons because of their origin or their membership or non membership of an ethnic group, nation, a race or religion or making apology for war crimes or crimes against humanity (incitement to hatred or violence), contrary to public order or morality.
  • No content encouraging, assist,ing or spreading in any way whatsoever rumors and / or informations violating the privacy of the correspondants and, as a result, affecting the rights of third parties, intellectual property, privacy and image rights.
  • No contents that constitute infringement (infringe copyrights, performing rights, intellectual property rights, etc.).

Consequently, the affiliate undertakes to personally take care of any claims and/or procedures, irrespective of the forms and natures, formulated against Easyflirt that would be related directly or indirectly to the contents.

in an understandable form and which will also seek informations of the feeds you subscribed. voluntarily intervene and guarantee that no claims and condemnations wil be imposed against Easyrencoontre on that occasion.

The affiliate is responsible for, and undertakes to, declare its revenue to the tax authorities corresponding to its type of business. We point out that an affiliate subject to French taxation can find all types of information at: http://www.impots.gouv.fr.

5 - Term and termination

This Agreement shall enter into action retroactively to the date of the registration of the affiliate. This contract is valid for one year. It is automatically reconducted, for successive periods of one year, unless one of the partners wants it and sends a specific email notice in this case.

At this time the affiliate will be sent the balance of its account against invoice.

6 - Affiliate's remuneration

It is recalled that the amounts owed to the affiliates are not permanent or recurring earnings and are based on the promotion of the affiliate links and tools, and the visibility of this links and tools. The remuneration is also a function of the traffic and number of connections.

This is why Easyflirt cannot guarantee any level of remuneration.

6.1. Amount

The payout rates are mentioned on the Easyflirt website.

These rates can vary over time and consequently are not guaranteed at all.

6.2. Invoicing - Payment

Any company or association, French or foreign, that publishes a website can become a partner.

The affiliate is required to declare the revenue it collects from Easyflirt to the competent authorities, authorities concerned and the tax authorities.

Easyflirt cannot be held liable for the non-declaration of these revenue.

In the event the affiliate does not respect the present conditions of use, Easyflirt can rightfully request it to reimburse the amounts collected since its Easyflirt account was opened.

In the event that the affiliate does not require the payment of his commissions 12 months after those committees, the affiliate will be deemed to have abandoned its claim vis-à-vis Easyrencontre and the account of the affiliate may be deleted.

7 - Ownership of Easyflirt website contents

Easyflirt allows the affiliate to advertise the pages that it has personalised (containing its identifier code) subject to the terms and conditions set out in the present contract and by law.

It is expressly agreed that the access to our programs as well as our data and the informations contained on the site Easyrencontre do not confer any right to the affiliate on these programs, data, information and brands remain the exclusive property of Easyrencontre or its successors.

Members registered through the affiliate and the information collected on these members belongs exclusively to Easyflirt.

The affiliate cannot use the Easyflirt brand in such a way that denigrates its products and services or that represents its products and services in a false, unfaithful, illegal or demeaning way.

Each party shall retain the complete and entire ownership of its website.

The logos and other elements related to the technical affiliation elements are and remain Easyflirt's property.

The contract does not confer any sort of an intellectual property right, understood as property rights (brands, drawings, models ...) and the rights of literary and artistic property (websites, software, graphics, drawings, texts, logos ...) or any other item exclusively belonging to Easyrencontre.

It is forbidden to use any domain names similar to the Easyflirt brand as well as the following domain names: carasexe, caramec, easyflirt and any other domain added in the future.

The contract only grants the affiliate the right to use the technical affiliation elements.

The affiliate states having the rights to intervene on the site where our links are dislayed and have full rights to conclude the contract. As such, the affiliate should ensure taht no legal actions would be taken against Easyrencontre. claims or oppositions from any person claiming an intellectual property right or any other private right attached to the person to whom the performance of the contract would have infringed.

8 - Miscellaneous provisions

Easyrencontre keeps the right to unilaterally change the present contract. Easyrencontre can unilaterally change the present terms. Affiliates will recieve an e-mail notification If these changes affect the amount of commissions, If the affiliate does not judge these changes conform to its interests, he is free to discontinue the affiliation. Otherwise, it is considered that he has accepted these new dispositions.

The affiliate alone is responsible for operating its website and its contents. The two parties acknowledge that the Easyflirt and affiliate websites may be subject to temporary interruptions due to causes beyond their operational control. The affiliate accepts that the links placed on its website that redirect to Easyflirt can be modified or temporarily made unavailable in case of a technical problem or any other kind of problem.

Throughout the term of affiliation, the affiliate grants Easyflirt a non-exclusive right to use its brand, URL, name and potentially its logo in order to promote Easyflirt's affiliation programme.

9 - Liability

In no case shall Easyflirt's liability be incurred in the event the affiliate commits a technical error when creating the links.

Each party assumes liability for the contents of its website and alone is liable for the information and elements of any kind distributed on the Internet via its website.

The affiliate is liable for the communication on its website regarding the programme and the affiliation technique implemented with Easyflirt.

Each party is liable for its own website's referencing. Without Easyflirt's contract, the affiliate cannot use the terms 'easyrencontre', 'carasexe', 'caramec', and 'easyflirt' as a meta tag or in its domain name.

Accordingly, the affiliate will not engage claims and / or procedure against Easyrencontre and which relate directly or indirectly to informations and materials available online or via its website.

The member states and guarantees or will garantee to Easyrencontre that its own expenditures and other tax services are taken under its sole entire responsibility in the frame of administrative procedures, which may be necessary because of the acceptance and obligations of this contract, so that the responsibility of Easyrencontre may not be sought as such by any third party.

THE AFFILIATE DECLARES AND GUARANTEES EASYRENCONTRE THAT IT WILL IN NO CASE ABUSE THE PURPOSE OF EASYRENCONTRE'S RIGHTS BY GENERATING FRAUDULENT CLICKS.

10 - Subcontracting

Easyflirt reserves the right to outsource the payment function for affiliates with any third party of its choosing without having to obtain any prior agreement from the affiliate.

11 - Independent contractors

  1. The parties acknowledge that they each are acting for their own account as independent contractors and won't be considered the agent for the other party.
  2. The present contract does not constitute an association, franchise or mandate given by one of the parties to the other.
  3. None of the parties can make a commitment in the name of and for the account of the other party.
  4. Moreover, each of the parties remains solely liable for its acts, allegations, commitments, services, products and personnel.

12 - Force majeure

  1. To begin with, cases of force majeure will suspend execution of the present contract.
  2. If the cases of force majeure last more than three (3) months, the present contract will be terminated automatically.
  3. Cases of force majeure or acts of God are expressly considered as those cases routinely retained by the jurisprudence of French courts and tribunals.

13 - Good faith

The parties agree to execute their obligations in complete good faith.

14 - Headings

In case there is an interpretation problem resulting from a contradiction between any one of the clause headings and any one of the clauses, the headings shall be declared nonexistent.

15 - Entire contract

  1. The present contract expresses all of the parties' obligations.
  2. No other general or specific condition shown in the documents sent to or received by the parties can be included in the present contract.

16 - Invalidity

If one or more provisions of this contract are held to be invalid or declared as such by a Law Act, a settlement or following a final decision of a competent court, the remaining provisions will conserve their full force and scope.

17 - Tolerance

  1. The parties agree reciprocally that the fact one of the parties tolerates a situation does not have the effect of granting the other party any acquired rights.
  2. Moreover, such a tolerance cannot be interpreted as a renunciation to assert the rights in question.

18 - Sincerity

The parties declare the present commitments are sincere. Therefore they declare that they are unaware of having any element that, if it had been communicated, would have modified the other party's consent.

19 - Applicable law - Competent court

French law governs this contract. In case of a dispute relating to the interpretation of this contract, its execution and/or its termination, for any reason whatsoever, the parties shall favour an out-of-court settlement.

IN THE CASE OF A DISPUTE, AN EXPRESS POWER IS ATTRIBUTED TO THE COURT OF COMMERCE OF PARIS, ENVEN IN THE CASE A SEVERAL DEFENDANTS, WARRANTIES RECLAMATIONS, CALL IN GUARANTEE, EVEN FOR EMERGENCY PROCEDURES OR PRECAUTIONARY PROCEDURES,.FOR REPRESENTING MEASURES OR COMPLAINT MEASURES.

20 - Data protection and civil liberties

According to the Law article No. 78-17 of 6 January 1978 on 6 August 2004, the affiliate may at any time access, modify or delete his personal informations on Easyrencontre. Unless an explicit opposition of the affiliate, Easyrencontre may transmit to third parties its informations concerning the affiliate.

Any modification, deletion or opposition request shall be effected by sending an email to tech@easyrencontre.com or by the post to:
EasyFlirt
2L Multimédia
Park Nord, Les Pléiades n33
74370 METZ-TESSY
FRANCE

21 - Audits and controls

Easyflirt reserves the right to make sure the conditions set out in the present contract are adhered to through controls and audits.

Every control action will be made known to the affiliate and accompanied by one of the following actions:

  • Warning or request for an explanation sent to the affiliate.
  • Suspension or termination of the contractual relations.
  • Legal proceedings.

I acknowledge that I have read and understand the contract.

Easyflirt