Affiliate Program Operating Agreement - EN Version

Version: 2.0

Date: 2026-04-28

Reference language: English


1. Parties and scope

This Affiliate Program Operating Agreement (the "Agreement") is entered into between the company operating the Affiliate Program (the "Company") and the party submitting an application to join and/or participating in the Program (the "Affiliate").

This Agreement governs participation in the Program, use of tracking links and creative assets, and the generation, validation, invoicing, and payment of commissions.

The Company may make available internal offers or third-party advertiser offers (the "Offers"). Each Offer may include additional terms incorporated into this Agreement.


2. Acceptance and enforceability

Submitting an application, activating an account, using Links, or participating in any Offer constitutes express acceptance of this Agreement.

Any person accepting this Agreement on behalf of an entity represents and warrants that they have authority to bind that entity.

The applicable version is the version in force on the date of the relevant event (registration, tracked action, validation, invoice, payment, dispute).


3. Definitions

  • Qualified Action: a tracked user action eligible for commission under Program and/or Offer rules.
  • Commission: amount potentially payable to the Affiliate for validated Qualified Actions.
  • Validation: the Company's determination that an Action/Commission is payable.
  • Chargeback/Reversal: full or partial cancellation of a previously recorded commission.
  • Links: tracking links, tags, creatives, text/visual assets, and related tracking tools.
  • Media: any channel operated by the Affiliate (websites, email, social, ads, apps, partner networks).
  • Payout Threshold: minimum validated commission amount required for payment.
  • Reference Month: calendar month in which commissions are generated.

4. Enrollment and eligibility

Enrollment is discretionary. The Company may accept, reject, suspend, or close an account at any time, including in case of fraud risk, legal non-compliance, reputational risk, inaccurate information, or lack of cooperation.

The Affiliate must provide and maintain accurate, complete, and up-to-date information, including:

  • legal identity and contact information;
  • tax and compliance information;
  • ownership/control details when requested;
  • valid bank or payment details.

5. Contractual data and configurable parameters

Economic and operational Program variables are defined in active Program and/or Offer settings, including:

  • payout threshold ([PAYOUT_THRESHOLD]);
  • payout currency ([PAYOUT_CURRENCY]);
  • cookie window ([COOKIE_DURATION_DAYS]);
  • maximum contractual payment timeline;
  • notice and dormancy timelines.

Unless expressly agreed otherwise in writing, these active settings govern calculations and performance at the relevant time.


6. Links, tracking, and attribution

The Company makes Links and tracking tools available for authorized Program use only.

Unless Offer-specific rules apply, attribution follows a last-click model with a [COOKIE_DURATION_DAYS] day cookie window.

The Company's tracking data is authoritative. Any good-faith dispute must be submitted in writing with sufficient detail within 30 days after the relevant statement is made available. Failing such notice, the statement is deemed irrevocably accepted.

If discrepancies are claimed, the Company may review Affiliate evidence; absent reconciliation, Company data prevails.


7. Qualified Action requirements

An Action is qualified only if all applicable conditions are met, including:

  • origin through a valid Link;
  • no bot/script/automated/simulated/artificial traffic;
  • no fraudulent pre-population or data manipulation;
  • completion of required information within applicable deadlines;
  • no later determination of fraud, duplication, self-attribution, invalidity, or non-compliance.

The Company may invalidate any Action retroactively where these conditions are not met.


8. Commissions, validation, and chargebacks

Commissions displayed prior to validation are informational only.

A Commission is earned only after final validation by the Company and remains subject to subsequent events such as refunds, unpaid transactions, chargebacks, fraud findings, technical/accounting errors, or legal/contractual violations.

The Company may:

  • reject or cancel Actions;
  • apply chargebacks/reversals;
  • offset any amounts owed by Affiliate against current or future commissions;
  • temporarily freeze payments during investigations.

9. Invoicing and payments

Reference Month commissions are invoiceable only after month-end and only for validated amounts.

Payment is conditioned upon receipt of a compliant invoice (required legal/tax fields, period/amount consistency, issuer identity, valid payment data).

Payment is made only if:

  • the [PAYOUT_THRESHOLD] is met;
  • Affiliate profile and compliance data are complete and valid;
  • no legal, tax, compliance, or anti-fraud hold applies.

Subject to accounting, legal, tax, and anti-fraud checks, payment is made no later than the maximum timeline configured by the Program after receipt of a compliant invoice.

Any invoice submitted outside contractual claim deadlines may be rejected.


10. Inactive accounts, unclaimed funds, and dormancy

An account may be classified as inactive in case of prolonged absence of login, commissionable activity, responses to verification requests, or invoice/claim submission within applicable timelines.

After notice and cure period, the Company may:

  • suspend account access;
  • freeze payments;
  • apply administrative balance maintenance fees within configured limits;
  • offset such fees against credit balances.

If inactivity persists beyond configured periods and after a final unanswered notice, the Company may close the account and apply forfeiture to unclaimed/uninvoiced/non-payable amounts attributable to Affiliate's failure, subject to mandatory law.


11. Affiliate compliance obligations

Affiliate is solely responsible for its Media, content, acquisition practices, and legal/regulatory compliance.

Affiliate agrees to:

  • comply with applicable laws (advertising, consumer protection, IP, data protection, tax, electronic communications);
  • avoid deceptive or prohibited practices (spam, malware, non-consensual adware/spyware, cookie stuffing, fake clicks, automated traffic, trademark impersonation, misleading claims);
  • comply with brand guidelines, paid search restrictions, creative use rules, and mandatory disclosures;
  • maintain an adequate privacy policy where required;
  • comply with terms of third-party services used in Program activity.

12. Channel-specific terms

For email campaigns, Affiliate must comply with all applicable solicitation, consent, unsubscribe, and suppression obligations.

For advertising campaigns, Affiliate may not place Links in deceptive contexts or via non-compliant technical distribution methods.

If Affiliate operates a sub-affiliate network, Affiliate remains fully liable for all acts and omissions of sub-affiliates, must ensure contractual acceptance of this Agreement, and must promptly remove non-compliant sub-affiliates.


13. Confidentiality

Each party shall protect as confidential all non-public information related to the other party, the Program, Offers, rates, performance, technical flows, and commercial terms.

Receiving party may use such information only for Agreement performance and disclose only to persons with a need to know and equivalent confidentiality obligations.

Confidentiality obligations survive termination for the legally applicable period or, if none is specified, a commercially reasonable period.


14. Intellectual property and limited license

Company grants Affiliate a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Links and promotional assets solely for Program purposes during participation.

Any unauthorized modification, adaptation, extraction, reproduction, or out-of-scope use is prohibited.

All rights not expressly granted remain reserved by Company and/or applicable right holders.


15. Personal data (GDPR and equivalent regimes)

Each party shall comply with applicable data protection obligations.

Where processor/controller arrangements apply, the parties shall implement a data processing addendum (DPA) covering at minimum:

  • documented instructions;
  • appropriate technical and organizational measures;
  • confidentiality of personnel;
  • personal data breach notification;
  • reasonable assistance on data subject rights requests;
  • onward processor controls;
  • deletion/return of data on termination.

16. Suspension, holds, and protective measures

In case of reasonable suspicion of fraud, contractual breach, serious third-party complaint, or regulatory risk, the Company may immediately:

  • suspend all or part of Program access;
  • disable Links or Offers;
  • freeze commissions and pending payments;
  • apply chargebacks and offsets.

Such protective measures may remain in place for the duration of the investigation.


17. Term, termination, and effects

This Agreement starts upon acceptance and remains in force for an indefinite term.

Either party may terminate with configured contractual notice, except in case of material breach.

Company may terminate immediately for fraud, material breach, legal non-compliance, or significant harm to Company or third-party legitimate interests.

Upon effective termination, Affiliate must immediately cease use of Links, trademarks, and Program materials.

Clauses intended to survive termination remain enforceable, including payment validity, liability, confidentiality, IP, disputes, and indemnification.


18. Affiliate representations and warranties

Affiliate represents and warrants, among others, that it:

  • has legal capacity and required authorizations;
  • has rights to its Media and content;
  • does not infringe third-party rights;
  • does not unlawfully target protected audiences;
  • provides accurate statements and supporting records;
  • complies with applicable sanctions and compliance frameworks.

19. Indemnification

Affiliate shall defend, indemnify, and hold harmless Company, its affiliates, officers, employees, contractors, and partners from and against any claim, loss, cost, damage, fine, or expense (including reasonable legal fees) arising out of or related to:

  • Affiliate breach of this Agreement;
  • Affiliate or sub-affiliate acts, omissions, Media, or content;
  • Affiliate legal/regulatory violations;
  • tax claims connected to Affiliate participation.

20. Disclaimer of warranties

The Program, Links, and related services are provided "as is", subject only to mandatory legal warranties.

To the maximum extent permitted by law, Company disclaims implied warranties of uninterrupted availability, error-free operation, fitness for a particular purpose, and guaranteed commission outcomes.


21. Limitation of liability

To the maximum extent permitted by law, Company is not liable for indirect, consequential, special, incidental, reputational, data-loss, or lost-profit/opportunity damages.

Company's aggregate liability under this Agreement, on all causes of action, is capped at the net validated commissions effectively due to Affiliate over the configured contractual reference period.


22. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control (force majeure), provided the affected party promptly notifies the other and uses commercially reasonable efforts to mitigate effects.


23. Agreement amendments

Company may amend this Agreement at any time for legal, regulatory, technical, security, operational, or economic reasons.

Except in urgent cases, amendments become effective after reasonable notice by interface, email, or publication.

Continued participation after effective date constitutes acceptance.


24. Assignment and subcontracting

Affiliate may not assign or transfer rights/obligations without prior written Company consent.

Company may assign this Agreement in connection with reorganization, asset transfer, or change of control, and may subcontract all or part of operations without reducing essential contractual obligations.


25. Governing law and jurisdiction

This Agreement is governed by the law configured for the Program and, unless otherwise specified, by French law.

Any dispute relating to validity, interpretation, performance, non-performance, or termination falls under the exclusive jurisdiction of courts in the city configured in program settings.


26. Miscellaneous

Failure to enforce any right is not a waiver.

If any provision is held invalid or unenforceable, remaining provisions remain in full force. Parties shall replace the invalid provision with an enforceable one that most closely reflects original economic intent.

Parties are independent contractors. Nothing creates a partnership, agency, employment, franchise, or joint venture relationship.