Thank you for joining the Cacao Affiliate Program (the "Program")!
Please read the terms and conditions of this affiliate program carefully. By joining the Program, you agree to these terms and conditions. If you do not agree to these terms and conditions, do not join the Program.
1. INTRODUCTION
These Affiliate Program Terms and Conditions ("Agreement" or "Terms") constitute a legal agreement between (a) the participant in the Affiliate Program ("Affiliate", "you", "your" or "yours"), and (b) Cacao Skincare ("Cacao", "we", "us" or "our"), the owner, distributor and operator of the products on the e-commerce site at en.cacaoskincare.com (collectively, the "Products").
You represent, warrant and agree that (a) you have full power and authority to enter into and perform these Terms and Conditions, or (b) if you are entering the Program on behalf of an organization, entity or group, that you are authorized to accept these Terms and Conditions on behalf of such organization, entity or group.
We reserve the right to make changes to these Terms at any time in our sole discretion. If we make changes to these Terms, we will notify you by revising the date at the beginning of these Terms. Your continued participation in the Program following any changes will constitute your acceptance of those changes. Please review these Terms periodically and check for updates.
2. ELIGIBILITY AND ENROLLMENT
Cacao may approve or deny any application for membership in the Program for any legal or no reason.
To be eligible for the affiliate program, the affiliate must have a site/blog, Facebook or Instagram page powered by quality content. Exceptions may be considered. Affiliate links and codes will be located on this site/blog, Facebook page or Instagram. In any case, Cacao reserves the right to accept or reject affiliate status.
You must be at least eighteen (18) years of age, or any higher minimum age in the jurisdiction in which you reside, to register for an account with the Program (an "Account" ).
By applying for membership in the Program, you agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your information if it changes; (c) maintain the security of your Account by protecting your password and restricting access to your Account ; (d) notify Cacao promptly if you discover or otherwise suspect any breach of security or unauthorized access relating to your account, the Services or the Program; (e) take responsibility for all activities that occur under your account and accept all risks associated with authorized or unauthorized access to your account.
3. AFFILIATE WEBSITES
Affiliate's websites from which Affiliate promotes Cocoa and the Products (collectively, "Affiliate's Websites") shall not (a) infringe, misappropriate or violate any patent, copyright, trademark, trade secret, confidentiality, moral right, or other intellectual or proprietary right; (b) violate or promote the violation of any law; (c) be defamatory, fraudulent, deceptive or misleading; (d) constitute spam, phishing, "chain letters," "pyramid schemes," or other forms of unethical marketing or advertising; (e) be pornographic, vulgar, exploitative of children, or otherwise obscene; (f) include products, services, or other materials of a sexual or adult nature; or (g) promote violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
Affiliate is fully responsible for and retains all rights and ownership of its affiliated websites. Affiliate acknowledges and agrees that Cacao (a) has no obligation to review, monitor, validate, correct or update the Affiliate Websites in any way, and (b) expressly disclaims any and all liability arising from the Affiliate Websites.
Any change in the name of the site, as well as any change in its location, size, purpose, or frequency of updating, will not affect the Affiliate Agreement, which will apply automatically and by operation of law. The contract covers all the hosting locations of this site, present or future.
4. AFFILIATE RESPONSIBILITIES AND RESTRICTIONS
Affiliate shall comply with all applicable local, state, national and international laws and regulations, including, but not limited to, consumer protection, advertising, anti-corruption, export control and data privacy laws.
Affiliate agrees to promptly assist Cacao in complying with all applicable laws, including any data subject requests Cacao may receive from any person referred to Cacao by Affiliate. Affiliate further agrees to promptly assist Cocoa in complying with any obligation to cooperate with supervisory authorities under applicable data protection laws.
Affiliate will only refer prospects to Cacao who (a) have provided valid contact information; (b) are not bots or robots, false, illegitimate or otherwise fraudulent; and (c) meet the eligibility requirements set forth in Cacao's Terms of Service (https://fr.cacaoskincare.com/pages/terms-and-conditions).
5. REFERRAL FEES
Affiliate must place a hyperlink on its relevant affiliate websites (blog, social networks...), in a format approved by Cacao, that redirects a potential customer to Cacao's website (the "Affiliate Link"). A "Referred Customer" is a potential customer who clicks on an Affiliate Link and places an order.
The Affiliate is eligible for one-time referral payments from Cacao ("Commission") under the following conditions:
The referred customer used the affiliate link or the affiliate's custom code;
Affiliate's account is active at the time the referred customer pays for his order on en.cacaoskincare.com
The amount and method of calculation of commissions are determined according to the commission structure.
Commissions are calculated on the basis of the actual costs paid by the referred customer, excluding taxes (such as value added tax, sales tax, goods and services tax, etc.), shipping costs, levies or duties due by the referred customer. If the referred customer has received a discount, the commission is calculated from the discounted fee. One-time or excess charges and additional subscriptions are not included in the commission calculation. If any fees are refunded to a referred customer for any reason, Cacao may deduct these amounts from the affiliate's future commissions.
Commissions are paid via PayPal or Stripe another payment method chosen by the affiliate and Cacao. Cacao is not responsible for any transaction fees charged by PayPal or any other payment provider.
Commissions are paid monthly starting on the 15th day of each following month (business day) and if the balance of all commissions due is over 30€. Upon receipt of payment, the affiliate must provide Cacao with an invoice for the amount received. In case the balance of the commission does not reach the minimum of 30€, the payment of the amount will be postponed. The balance will then be paid upon termination of the affiliation contract.
Cacao is not responsible for lost, stolen or misdirected commission payments.
You are solely responsible for all tax obligations owed to all taxing authorities arising from or in connection with your participation in our program. Cacao will not withhold taxes of any kind from your commissions.
6. TERMINATION
Cacao may, in its discretion, terminate the Program, this Agreement and/or your Account at any time without formal notice, and Affiliate may terminate this Agreement at any time by giving written notice to Cacao by email (collectively, "termination").
Upon termination, (a) Affiliate shall (i) immediately cease all use of Cocoa's Property, including Cocoa's logos, trademarks, banners, images, content, (ii) remove and return or destroy any Promotional Content, and (b) Cocoa shall no longer be obligated to Affiliate to this Agreement, including the payment of Commissions received or already received.
7. RETENTION OF TITLE
The products and services, and all proprietary rights therein, are the exclusive property of Cacao and/or its partner brands. Without limiting the generality of the foregoing, all right, title and interest in and to the Products and Services, including all servers, illustrations, graphics, images, etc. (collectively, "Cacao Property") are owned and/or licensed by Cacao and/or its partner brands.
Affiliate shall not claim ownership of the Cocoa Assets and/or its partner brands, nor shall it take or permit any action or omission in derogation of any of the rights in the Cocoa Assets and/or its partner brands, whether during the term of this Agreement or thereafter.
8. CONFIDENTIALITY
Any information provided to Affiliate regarding Cacao's business, customers, suppliers, software, technology or financial condition, or any other information designated as confidential by Cacao (collectively, the "Confidential Information") is a valuable asset that Cacao wishes to keep confidential. Affiliate shall keep confidential and shall ensure that its employees and subcontractors keep confidential all Confidential Information provided to or acquired by Affiliate and shall not disclose, or reveal such information, in whole or in part, directly or indirectly, to any person, or use such Confidential Information (other than in the performance of its obligations under this Agreement), without the express written consent of Cocoa.
9. RELATIONSHIP BETWEEN THE PARTIES
The relationship between you and Cacao is solely that of independent contracting parties. Nothing in this Agreement creates an agency, joint venture, partnership, franchise or any other form of joint venture, employment or fiduciary relationship between us. Neither Cacao nor you have any right or authority, express or implied, to assume or create any obligations in the name of or on behalf of the other party or to bind the other party to any contract, agreement or undertaking with any third party.
10. LIMITATION OF LIABILITY
Cacao cannot be held responsible for the non-execution of the contract concluded in case of a break in service, force majeure, disturbance or total or partial strike, notably of the postal services and means of transport and/or communications, flooding, fire. Cacao cannot be held responsible for damages other than those caused directly by it. Under no circumstances will Cacao be liable to compensate the Affiliate for any loss of business, profit or opportunity.
11. APPLICABLE LAW AND JURISDICTION
The present general conditions of the affiliate program are subject to French law. The language of this contract is French. All disputes relating to the commercial relationship between the Affiliate and the Affiliate are subject to the exclusive jurisdiction of the French courts and will fall under the exclusive jurisdiction of the Commercial Court of Paris.
