GENERAL AFFILIATION CONDITIONS FOR CUSTOMERS

1. Preamble

These general conditions of affiliation detailed below govern the contractual relations between the company TextileAddict and any user of the Site frenchdesign.textileaddict.me wishing to become an Affiliate on said site.

The Site is operated by TextileAddict, a company registered in the Chambéry RCS under number 852 964 469 and whose head office is located at 6 avenue Jean Jaurès, 73000 CHAMBERY, FRANCE.

TextileAddict proposes for sale, via the Site, licences of original designs created by French designers.

TextileAddict ensures the marketing of the licences of the Designs through the Site.

These general conditions of affiliation are intended to apply to relations between Affiliates and TextileAddict.

The General Affiliation Conditions are subject to revision at any time.

The Affiliate declares having read and having expressly and unconditionally accepted these General Conditions of Affiliation in addition to the General Conditions of Use in force on the day of access to the Site and undertakes to respect them.

2. Definitions

The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution hereof:

“Site” means https://frenchdesign.textileaddict.me

“Customer” refers to professionals and/or consumers purchasing one or more licences of Designs on the Site.

“Order” means the order of one or more Licences of Design(s) by a Customer.

“Account” means the customer account created online on the Site https://frenchdesign.textileaddict.me/ by the Affiliate who registers, and giving access to the services offered by the Affiliate.

“Affiliator” refers to the marketplace https://frenchdesign.textileaddict.me/ published by the TextileAddict Company

“Affiliate” means a legal or natural person who has created a Customer Account who participates in the Affiliate Program and who must be legally capable of entering into contracts and complying with any applicable law.

“Affiliation Program” means the program offered by the Affiliator to an Affiliate so that the Affiliate can promote the Affiliator’s services in exchange for remuneration by commission on sales generated with its Affiliation Code.

“Affiliate Code” means a unique promotional code generated by the Affiliator and assigned to each Affiliate that the latter uses to offer price reductions on Customer Orders.

“Affiliation Commission” means the remuneration obtained by the Affiliate which is generated by the use of its Affiliation Code when selling a Licence of a Design to a Customer.

“Design(s)” refers to the digital content(s) created by the Designer and posted on the Site with a view to the marketing of its (their) Licence(s).

“Designer(s)” designates the artist(s) or collectives of French artists who are the authors of the Designs that they submit on the Platform for marketing.

"Licence" means the right to use a Design for personal or commercial use.

In the body of the General Conditions of Affiliation, any reference to an Article, a Title or an Annex is, unless otherwise specified, a reference to an Article, a Title or an Annex herein.

3. Purpose

The purpose of these General Conditions of Affiliation is to define the rights and obligations of the parties in the context of the use of an Affiliation Code during the Online Sale of Designs offered for sale by TextileAddict to the Customer.

The General Conditions of Affiliation are applicable and enforceable against the Affiliate from the date of joining the Affiliation Program.

4.Affiliation Program

The Affiliation Program consists in distributing an Affiliation Code to one or more people in exchange for remuneration in the form of commission on sales generated with their Affiliation Code under the conditions of these regulations described below.

The Affiliator reserves the right to modify, suspend, or interrupt the Affiliate Program at any time without liability.

5. Creation of a Customer Account

In order to register to the Affiliation Program on the Site, the Affiliate must first create a Customer Account via a form. The Affiliate provides his/her identity and contact details.

The Affiliate undertakes to provide truthful information.

The Affiliate undertakes to inform TextileAddict of any change in its contact details.

TextileAddict undertakes to use the data collected in this context in accordance with its confidentiality policy.

6. Affiliation conditions

A Customer Account may request to be Affiliate.

A Designer Account does not give access to the Affiliate Program, a Designer must create a Customer Account in addition to their Designer Account to become an Affiliate.

The Affiliate Program is open to:

• Content publishers, media platforms, bloggers
• Social media influencers with qualified followers or subscribers on one or more social platforms like Instagram, Facebook, Linkedin, Twitter, Youtube, etc.
• Communities or groups in textiles, design, graphics, architecture, decoration

7. Registration to the Affiliate Program

The applicant completes a form where he/she will be asked to provide:

• His/her motivations for joining the Affiliate Program
• The link(s) to its website and/or social networks

The Affiliator reserves the right to accept or reject any affiliation request, without having to justify this decision.

The Affiliator may validate an affiliation request depending on the suitability of the applicant's profile with the platform, the targeted audience (qualitative, more or less large) and the seriousness of the approach.

The Affiliator activates the Affiliation Program on the Affiliate's Customer Account and generates a unique Affiliation Code.

8. Termination

The rights granted under the General Conditions of Affiliation will be automatically terminated if the Affiliate does not comply with one or more terms hereof or damages the image of TextileAddict. In the event of such termination, TextileAddict may delete the Affiliate's account without prejudice to any damages that may be claimed by TextileAddict in compensation for its loss.

9. Affiliation Code

A unique Affiliation Code is generated by the Affiliator. This code is in the form of a promotional code whose value is set by the Affiliator. It will be used by the Affiliate to promote the Affiliator's services to its audience.

The Affiliation Code may be published on the Affiliate's websites, blog and social networks, and transmitted by email or any other means by the Affiliate, with the aim of positively promoting the Affiliator's services.

The Affiliation Code may be published or transmitted by the Affiliate in the form of a text link or a visual (example: banner) provided that it positively promotes the Affiliate's services.

When a Customer of the Site uses the Affiliation Code to purchase Design(s) and obtains a reduction on their purchase, an Affiliation commission on the purchase made is recorded in favor of the Affiliate.

The Affiliate may benefit from Affiliation Commissions provided that the sales generated by their Affiliation Code are made in due form. In the event that sales are canceled, the commissions generated by these sales will also be canceled.

The Affiliation Commission is set at 10% of the final amount excluding tax of a sale generated with application of the Affiliation Code after deduction of the promotion obtained by the customer.

The Affiliation Code may be modified by the Affiliate without justification. However :

The Affiliator will inform the Affiliate 1 month in advance by e-mail.

The Affiliation Code will be updated on the Affiliate’s Account in the “Affiliation” section.

The Affiliator reserves the right to modify, suspend, or interrupt the Affiliate Program at any time without liability. These changes will be published on the Site. The information will be visible on the Affiliate’s Account.

10. Conditions and payment of commissions

The Affiliator makes payment of earnings by bank transfer or Paypal at the start of each quarter when the following conditions are met:

• The Affiliate has entered his bank account (IBAN) or Paypal account in his Customer Account in the “Affiliation” section.
• The amount of Affiliation Commissions accumulated by the Affiliate exceeds 50 euros excluding tax
• Payment of Affiliation Commissions is made at least once a year regardless of the amount of cumulative earnings.

By accepting these General Conditions of Affiliation, the Affiliate authorizes the Affiliator so that the TextileAddict Company can generate invoices in the name of the Affiliate intended for the Affiliator for the Affiliation Commissions earned by the Affiliate.

In the event that the Affiliator applies the subsequent partial or total reimbursement of a purchase made by a Customer who applied the Affiliation Code, or of a reduction granted by the Site to the Customer before or after the payment made, the amount of commissions will be recalculated to take into account these refunds and reductions. If necessary, the Affiliate must make a payment to the Affiliate within 6 (six) days following the latter's request to reimburse the overpaid commissions.

The Affiliate will not be able to prevent or influence the amount of any refunds and reductions granted by the Affiliator to any Customer.

The Affiliate has access from his Customer / Affiliate Account to the list of Affiliation Commissions generated by sales made with his Affiliation Code.

11. Responsibilities and Restrictions of Affiliates

The Affiliate must comply with all applicable local, state, national and international laws and regulations, including but not limited to consumer protection, advertising, anti-corruption and privacy laws and data (GDPR).

The Affiliate further undertakes to promptly assist TextileAddict in complying with any obligation to cooperate with supervisory authorities under applicable data protection laws (CNIL).

TextileAddict does not transmit Customers’ personal data to the Affiliate.

The Affiliate does not have the right to modify the Affiliation link provided by the Affiliator, without the prior written agreement of the latter.

The Affiliate is not a representative of the Affiliator and therefore does not have the right to appear as such.

The Affiliate is solely responsible for the content of its website(s), blogs, social networks, emails, and other media used to promote the platform.

In addition, the Affiliator reserves the right to refuse and cancel an affiliation without notice if it deems this content unacceptable and in particular in the case of pornographic, sexually explicit, violent, discriminatory, or illegal content. The Affiliate undertakes never to associate the Affliator with such content.

12. Advertising and promotion

The Affiliate has the non-exclusive right to use the graphic resources provided by the Affiliator to help him/her promote the Site's services and communicate his/her Affiliation Code. These resources are provided by email to the Affiliate.

All elements used by the Affiliate to promote the service must be displayed in low resolution (72dpi maximum).

The Affiliate has no other right than that intended for the promotion of the Site's services on a Design that he/she does not purchase.

The Affiliate has the right to use the images and texts published by TextileAddict only after written agreement from the latter, who reserves all intellectual property rights and brand names.

The Affiliate is not authorized to modify these elements without the prior written consent of TextileAddict.

The Affiliate does not have the right to target the “French design by Textile Addict” brand on search advertising engines (SEA).

13. Spam

As the Affiliator does not accept spam (sending unsolicited e-mails), the Affiliate is not authorized to set up a system forcing or obliging visitors to click on the Affiliation link and in any way generally does not meet the spirit of the Affiliation Program, at the risk of exposing itself to the cancellation of its membership in the program and the amount of its possible commissions.

The Affiliator reserves the right to invalidate or cancel without notice any affiliation which does not respect one or more conditions of these regulations. The Affiliator reserves the right to cancel the amount of commissions of any Affiliate who has spammed or in the event of non-compliance with one of the obligations of these regulations by the Affiliate. A verification may be carried out at any time by the Affiliator, and more particularly when calling for payment of Affiliation Commissions.

14. Confidentiality

TextileAddict and the Affiliate undertake to ensure that the content of the General Conditions of Affiliation and all confidential information and data exchanged during their commercial relationship are not disclosed to third parties.

Termination hereof cannot release the parties from this obligation.

15. Nullity of a Clause of the General Conditions

If any of the provisions of these General Conditions of Affiliation were canceled, this nullity would not result in the nullity of the other provisions of the General Conditions of Affiliation which will remain in force.

16. Independence

Each of the contracting parties retains its independence and autonomy.

17. Complaints, amicable settlement of disputes, competent courts and applicable law

TextileAddict and the Affiliate undertake to try to find an amicable solution in the event of a dispute or the occurrence of a difficulty.

In the event of failure of the amicable attempt, the courts of Chambéry will have sole jurisdiction to hear any disputes which may arise between the parties concerning the conclusion, interpretation or execution hereof with the exception of disputes linked to the rights of intellectual property which will be examined by the Lyon judicial court.

It is expressly agreed that French law governs the stipulations of this contract, both for its conclusion and for its interpretation and its effects.