|
Creating a profitable business relationship between an Affiliate site and Fromages.com, a website owned and operated by Fromages.com SA a company registered in France.
The essence of this agreement is as follows :
- The affiliate places a banner or link on his site that directs his customers to Fromages.com. A customer clicking on this link will find himself on the home page. If that customer orders, one or several Fromages.com product/s, then a remuneration will be due to the affiliate.
- The remuneration due by Fromages.com SA is calculated by multiplying the commission rate to the total value of the first order by such a customer, less sales tax if applicable. Commissions are only paid once the order has been delivered and paid for.
- You and Fromages.com are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
Obligations of Fromages.com
The sales contract is non exclusive, subject to the terms and conditions of sale for Fromages.com (these conditions can be found on our site) between the visitor from the affiliate and Fromages.com. Fromages.com assumes the entire responsibility of correctly executing the order, discussing with the visitor if required, delivery, taking payment and after sales service when required.Once the visitor enters Fromages.com them they will become the exclusive property of Fromages.com 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 buyer customer and payment of commissions
Under our present system the visitors coming on Fromages.com’s site from an affiliate are identified by a code in the URL specific to a particular affiliate. The code is supplied by Fromages.com. Only orders received through visitors coming to Fromages.com from the affiliate on the coded URL will be valid.
The commission payable on a paid order will be 8% of the total value of the order less any sales tax if applicable (+ or - 20%). (Order value includes transport and packaging). An affiliate can monitor in real time orders attributable to them by a specific address given to them.
All commissions due will be paid quarterly in arrears, 10 days after the end of the calendar quarter, subject to recovering an invoice. Any amount due at the end of a quarter that is less than 75 Euros will be carried forward to the quarterly payment when this sum is exceeded. This will, for both parties concerned, prevent excess accounting and bank charges. Should for any reason the agreement between us be cancelled all sums due will be paid regardless of the amount.
Site content
Fromages.com 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 two site is guaranteed to work. The affiliate agrees to accept any modification to the URL and on occasions any problems of a technical nature that Fromages.com might be subjected to.
Reserving the right to accepting an affiliate.
Our affiliation program is open to any internet site that completes and returns the registration document. But Fromages.com SA reserves the right to refuse an application for any reason, or for any cause that they might judge, in their sole discretion, not in the interest of the company or their site Fromages.com.
Term of Agreement
The Agreement between an affiliate and Fromages.com starts once the banner or link with the coded URL is showing on the affiliates 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 three days after receipt of such notification.
Policies and Pricing
As previously stated, a customer who buys on Fromages.com through our affiliation program will be exclusively a customer of Fromages.com. Accordingly all our related terms and conditions will be applicable to that customer. We may change our terms and conditions or operating procedures at any time. For this reason you may not include pricing or detailed product information on your site. Sales prices and product selection might change we have the sole discretion of policies.
Publicity
You are not permitted to create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us for our written consent. We agree this will not be unreasonably withheld.
Modifications
We reserve the right, in our sole discretion, at any time to modify the terms and conditions of this agreement. You will be notified by e-mail. If any modification is unacceptable to you, your only recourse is to refuse such change which will automatically terminate the agreement.
Dispute under this contractual relationship. Governing Law.
Any dispute under the terms and conditions of this agreement will be subjected to French law and the juridiction of the commercial courts of Tours.
|