Partner program agreement
by Casaneo
PLEASE READ THE ENTIRE AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ID-CLICK MEDIA / CASANEO (CASANEO.IO). BY REGISTERING, YOU AGREE TO HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE LEGALLY BOUND BY EACH TERM AND CONDITION.
Editor
This site is published by ID-CLICK MEDIA / CASANEO, whose head office is located at 44 Avenue Georges Pompidou – 92300 Levallois-Perret.
Company
Company name: ID-CLICK MEDIA / CASANEO
Legal form: SAS
Registered under N° siret 790 648 968 00010 (RCS Nanterre) – APE : 6312Z
1. Overview
This agreement contains all of the terms and conditions that apply to your membership in the CASANEO Partner Program. Please note that throughout this agreement, “we”, “us” and “our” refer to CASANEO, and “you”, “your” and “yours” refer to the Affiliate.
2. Obligations of the affiliate
2.1. To register for the partner program, you need to complete an online registration form. Once you have registered, we will review your application. If your application is accepted, you will receive access to your partner area. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is not suitable for our program, including :
2.1.1. promotes sexually explicit content
2.1.2. Promotes violence
2.1.3. Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age
2.1.4. Promoting illegal activities
2.1.5. Incorporates material that infringes or assists others to infringe copyrights, trademarks or other intellectual property rights or to violate the law.
2.1.6. Includes “CASANEO” or variations or misspellings thereof in its domain name
2.1.7. Is in any way unlawful, harmful, threatening, libelous, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially divert commissions from other affiliates of our program.
2.1.9. You may not create or design your web site or any other web site you operate, explicitly or implicitly in a manner that resembles our web site, nor may you design your web site in a manner that leads customers to believe that you are CASANEO or any affiliated company.
2.2. As a member of the CASANEO partner program, you will have access to your partner area. Here you can view details of our program, download HTML code (which provides links to CASANEO web pages) and banner designs, browse and obtain tracking codes for our promotional materials and offers. In order for us to accurately track all visits from your site to ours, you must use the HTML code we provide for each banner, text link or other affiliate link we provide.
2.3. ID-CLICK MEDIA / CASANEO reserves the right, at any time, to review your placement and approve the use of your links and to request that you modify the placement or use to comply with the guidelines provided to you.
2.4. You are responsible for maintaining and updating your site. We may monitor your site as we deem necessary to ensure that it is up to date and to inform you of any changes that we believe will improve your performance.
2.5. You are solely responsible for complying with all applicable intellectual property and other laws relating to your site. You must obtain express permission to use someone else’s copyrighted material, whether text, images or any other copyrighted work. We will not be liable (and you will be solely liable) if you use someone else’s copyrighted material or other intellectual property in violation of the law or the rights of any third party.
3. Rights and obligations of ID-CLICK MEDIA / CASANEO
3.1. We have the right to monitor your site at any time to determine whether you are complying with the terms and conditions of this agreement. We may notify you of any changes to your site that we think should be made, or to ensure that your links to our website are appropriate and to notify you again of any changes we think should be made. If you do not make the changes to your site that we consider necessary, we reserve the right to terminate your participation in the CASANEO partner program.
3.2. ID-CLICK MEDIA / CASANEO reserves the right to terminate this agreement and your participation in the CASANEO Partner Program immediately and without notice if you commit fraud in your use of the CASANEO Partner Program or abuse this program in any way. If such fraud or abuse is detected, ID-CLICK MEDIA / CASANEO will not be liable to you for any commission for such fraudulent sales.
3.3. This agreement will take effect upon acceptance of your application, and will continue until terminated.
4. Cancellation
Either you or we may terminate this agreement AT ANY TIME, with or without cause, by giving written notice to the other party. Written notice may take the form of mail, e-mail or facsimile. In addition, this agreement will terminate immediately in the event of any breach by you of this agreement.
5. Payment
At the end of each month, ID-CLICK MEDIA draws up a statement of the remuneration due to the partner.
The remuneration due to the partner may only be invoiced when, at the end of the previous month, it reaches a total amount of 50 Euros excluding VAT. If the threshold of 50 Euros excluding VAT is not reached, the amount of remuneration due to the partner is automatically carried over to the following month, at the end of which the procedure described above is followed.
Invoicing of the remuneration due to the partner can only be carried out thirty (30) days after the end of the month in which the threshold of 50 Euros excluding VAT was crossed.
6. Promotion restrictions
6.1. You are free to promote your own websites, but naturally any promotion mentioning CASANEO could be perceived by the public or the press as a joint action. You should be aware that certain forms of advertising are always prohibited by ID-CLICK MEDIA / CASANEO. For example, advertising commonly known as “spamming” is unacceptable to us and could damage our name. Other forms of advertising that are generally prohibited include the use of unsolicited commercial e-mails, sending messages to non-commercial newsgroups and sending cross-messages to several newsgroups at once. In addition, you may not advertise in a way that conceals or misrepresents your identity, domain name or return e-mail address. You may use mailings to your customers to promote CASANEO provided that the recipient is already a customer or subscriber of your services or website, and that recipients are given the opportunity to opt out of future mailings. Similarly, you may post in newsgroups to promote CASANEO provided that the newsgroup specifically accepts commercial messages. At all times, you must clearly present yourself and your websites as being independent of ID-CLICK MEDIA / CASANEO. If we find that you are sending spam, we will consider this to be grounds for immediate termination of this contract and your participation in the CASANEO partner program. Any balance due will not be paid if your account is terminated due to unacceptable advertising or solicitation.
6.2. Affiliates are prohibited from promoting or adding additional keywords related to or referencing ID-CLICK MEDIA / CASANEO products, services and features through paid advertising channels, which includes but is not limited to Google As, Bing, Facebook, Instagram, YouTube, Quora, Twitter, etc. Affiliates who, among other keywords or exclusively, bid in their pay-per-click campaigns on keywords such as CASANEO, ID-CLICK MEDIA / CASANEO, www.casaneo.io, , and/or any misspellings or similar alterations thereof – whether separately or in combination with other keywords – and who do not direct traffic from these campaigns to their own website before redirecting it to ours, will be considered trademark infringers, and will be banned from the CASANEO partner program. We will make every effort to contact the affiliate prior to the ban. However, we reserve the right to expel any violator from our partner program without prior notice, and at the first occurrence of such CPC bidding behavior.
6.3. Partner shall not transmit “interstitials”, “Parasiteware™”, “Parasitic Marketing”, “Shopping Assistance Application”, “Toolbar Installations and/or Add-ons”, “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualified link until the time the consumer has completely left the CASANEO site (i.e., no page of our site or any CASANEO content or brand is visible on the end user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” refer to an application that (a) by accident or direct intent causes affiliate and non-affiliate commission tracking cookies to be overwritten by any means other than a customer-initiated click on a qualifying link on a web page or email ; (b) intercept searches to redirect traffic through installed software, causing pop-ups, commission tracking cookies or overwriting of other commission tracking cookies when a user would normally have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, and other similar search engines or directories); (c) set cookies to track commissions by loading the CASANEO site in IFrames, hidden links and automatic pop ups that open the CASANEO site; (d) target text on websites, other than websites owned 100% by the application owner, for contextual marketing purposes; (e) remove, replace or block the visibility of affiliate banners with other banners, other than those on websites owned 100% by the application owner.
7. Licensing
7.1. We grant you a non-exclusive, non-transferable, revocable right (i) to access our site via HTML links only in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, marks and similar identifiers (collectively, the “Licensed Materials”) that we provide to you or authorize you to use. You may use the Licensed Materials only as long as you are a member in good standing of the CASANEO Partner Program. You agree that all uses of the Licensed Materials shall be on behalf of CASANEO and that the goodwill associated therewith shall be for the sole benefit of CASANEO.
7.2. Each party agrees not to use the other’s proprietary materials in a manner that is disparaging, misleading, obscene or that portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title and interest in and to its respective rights, and no right, title or interest is transferred to the other party.
8. Disclaimer of liability
ID-CLICK MEDIA / CASANEO makes no representations or warranties, express or implied, regarding the CASANEO service and website or the products or services provided therein, all implied warranties of fitness for a particular purpose and non-infringement are expressly disclaimed and excluded. FURTHERMORE, WE DO NOT WARRANT THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS.
WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
9. Representations and warranties
You represent and warrant that :
9.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms ;
9.2. You have the right, power and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
9.3. You have sufficient right, title and interest in and to the rights granted to us in this Agreement.
10. Limits of liability
WE WILL NOT BE LIABLE TO YOU, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR GOODWILL, ANTICIPATED PROFITS OR LOSS OF BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, notwithstanding anything contained in this agreement, in no event shall ID-CLICK MEDIA / CASANEO’s cumulative liability to you arising out of or related to this agreement, whether based on contract, negligence, strict liability, tort or any other legal or equitable theory, exceed the total commission fee paid to you under this agreement.
11. Compensation
You hereby agree to indemnify and hold harmless ID-CLICK MEDIA / CASANEO, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees), costs and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) to the extent that such Losses (or actions relating thereto) arise out of or are based upon (i) any claim that our use of the Affiliates’ Marks infringes any trademark, trademark, service mark, copyright, license, intellectual property or other proprietary right of any third party, (ii) any misrepresentation or warranty or breach of any covenant or agreement made by you herein, or (iii) any claim related to your site, including, but not limited to, content not attributable to us.
12. Privacy
All confidential information, including, but not limited to, all commercial, technical, financial and customer information, disclosed by one party to the other during negotiations or during the effective term of this Agreement and marked “confidential”, shall remain the sole property of the disclosing party, and each party shall keep confidential and shall not use or disclose such proprietary information of the other party without the express written consent of the disclosing party.
13. Miscellaneous
13.1. You agree to be an independent contractor, and nothing in this agreement will create a joint venture, agency, franchise, sales representative, or employment relationship between you and ID-CLICK MEDIA / CASANEO. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other site or otherwise, that could reasonably contradict the provisions of this section.
13.2. Neither party may assign its rights or obligations under this Agreement to any other party, except to a party that obtains all or substantially all of the business or assets of a third party.
13.3. This agreement shall be governed by and construed in accordance with the laws of France, without regard to conflict of laws principles.
13.4. You may modify or waive any provision of this Agreement only in writing and with the signature of both parties.
13.5. This agreement represents the entire agreement between us and you, and supersedes all prior agreements and communications between the parties, whether oral or written.
13.6. The headings and titles contained in this Agreement are included for convenience only and do not limit or otherwise affect the terms of this Agreement.
13.7. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary to effect the intent of the parties, and the remainder of the Agreement shall have full force and effect.
