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Terms of use of the CLIMAX affiliate program



I. General presentation of the program



WHO?



The CLIMAX affiliate program is aimed at anyone who wishes to produce quality content in accordance with our philosophy. This program is particularly suitable for influencers, bloggers or video creators.



WHAT?



The purpose of the program is to allow affiliates to promote our CLIMAX training program and to receive a commission in exchange on the purchases made by their audience using the sponsored link.



HOW?



The affiliate receives a special link redirecting anyone clicking on this link to one of the pages of the CLIMAX website. This link, called "affiliate link", contains login details (unique affiliate code or promo code) and allows you to attribute the purchases made by your users coming to CLIMAX through your content.

II. Selection of affiliates



After an online registration to our CLIMAX affiliate program, future affiliates to the program are selected by the CLIMAX teams.



After selection, an account manager will create and monitor your affiliate account. Once the account is created, the affiliate will be able to follow the evolution of their statistic sales, their commissions and track the payments due to them.



CLIMAX reserves the right to refuse or cancel an affiliate account at any time if we believe that a site or promotional strategies do not comply with this charter.

III. Commitments of the affiliate



EDITORIAL RIGHTS



The partner is free and remains solely responsible for the creation of their content and the comments made therein.



RESTRICTIONS



The partner commits, within the productions in which the CLIMAX site is promoted, to :


- not to distribute any content behind the CLIMAX paywall, nor any access code to the site or free trials in addition to the one offered on our site;
- not to modify the affiliate link that is attributed to it;
- not to make false advertising, positive or negative;
- not to use the official trademark registered by CLIMAX within website names or domain names (I do not have the right to create "unofficial" domains pretending to be the official website).
- not to make defamatory, offensive, disrespectful of human dignity, racist, homophobic or discriminatory comments based on origin, age, sexual orientation, religious identity and/or disability.



The partner also undertakes to:


- not to send emails to recipients who have not consented (Opt-in) to its communications;
- not to send emails in large quantities several times a day.

IV. Method of calculating the commission



COMMISSION AMOUNT



The percentage allocated to each sale is decided by mutual agreement between the affiliate and CLIMAX and must remain strictly confidential.



The amount of the commission will be indicated on the affiliate dashboard.



CALCULATION BASE



This percentage is applicable on the amount of sales including all taxes.

V. Allocation of purchases and payment methods



The payment is calculated according to the "pay per sale » mode: any sale made on the CLIMAX site attributed to the affiliate gives rise to the affiliate's remuneration. The allocation is made through a promotional code dedicated to the affiliate.



EXCLUSIONS



The following sales will not be attributed to affiliates:


- sales not correctly attributed due to a technical failure of your site, improper formatting of their affiliate links, or a link to an invalid page;
- purchase refunded to the customer, order canceled by the customer;



The payment is accounted for on a monthly basis and paid the following month.



The payment of the balance is subject to a threshold. Payment is only made if the balance of the account is greater than 50 € on the date of payment.



The amount is kept, transferred and added to the following month in the following cases:


- the balance does not reach 50 €;
- the information allowing an invoice or payment to be issued has not been transmitted by the affiliate.



Payment is made by bank transfer.



Payment is made in euros (€). Any bank charges related to the payment, including conversion costs, are the sole responsibility of the Affiliate.

VI. Termination



AT THE REQUEST OF THE PARTNER



The Affiliate is free to leave the program at any time by a simple request to the account manager or via contact@climax.how.



BY CLIMAX



CLIMAX reserves the right to terminate the affiliate program at its discretion.



For example, CLIMAX may delete the account of a partner who does not respect the charter and publishes content that is offensive and/or contrary to the philosophy of the affiliate program.



More generally, CLIMAX reserves the right to delete the program or to modify the operation and/or the conditions of use, without being held responsible for any financial loss resulting from such modifications.



CLOSING OF ACCOUNTS



In the event of termination of the Affiliate Program the allocations, accounts and payments will be closed on the monthly payment date following your request for closure, no later than 30 days after the request.

VII. Taxation



RESPONSIBILITY



We remind you that it is the responsibility of affiliates to comply with the social and tax obligations in effect in their country.



It is their responsibility to inform themselves of the reporting procedures to which they are subject.



CLIMAX cannot be held responsible for any failure on their part and is not in a position to provide advice on social and/or tax legislation.



INDIVIDUALS



Individual affiliates: the remuneration you may receive from CLIMAX for the services you provide may be subject to tax and social security charges from the first euro received, according to the tax and social security legislation in effect in your country.



In order to understand the obligations to which you are subject, we invite you to contact the tax and social security authorities in your country for further information.



The Company CLIMAX PRODUCTION does not provide legal and tax advice and can not be held liable in case of failure to meet your reporting obligations.

VIII. Sponsorship and paid campaigns



Affiliates may not use affiliate links directly in SEM (Search Engine Marketing), Display, Shopping, or any other form of paid or sponsored promotion.



Affiliates may however promote their content.



For example: the affiliate will be able to buy the keyword « pleasure" and make a promotional link to their article that deals with this topic. On the other hand, they will not be able to buy the keyword "pleasure" and redirect to our site via an affiliate link.



Within the framework of SEM or other campaigns, the partner will not be able to place a bid(s) on the keywords "climax" and any variations of our brand name.

IX. Limitations of liability



By subscribing to this program, the Affiliate accepts the terms and conditions of this program and agrees to comply strictly with all the instructions and/or conditions of use of the promoted products.



CLIMAX shall not be held liable in the event of non-compliant use or failure of the equipment and/or product and shall not be held responsible for any potential accidents or damage of any kind whatsoever.



CLIMAX will also not be held responsible for the content published by the affiliates, nor for the functioning of the affiliate links on the various distribution platforms and the consequences of the use of these links.



Finally, we remind that it is the responsibility of the affiliate to comply with all regulations in effect in their country.

X. Applicable law and competent jurisdiction



This contract is exclusively subject to the application of French law.



In the absence of amicable settlement by the Parties within 30 (thirty) days of its occurrence, any litigation, dispute or claim resulting from or relating to this program, and in particular its execution, resolution, termination or nullity, shall be subject to the jurisdiction of the Paris Commercial Court. It is specified that this arbitration clause can only apply between merchants.

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