Thank you for joining the UnVapo pour tous.tes 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.
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) La Centrale Vapeur ("we", "us" or "our"), owner of Jahguar and our website https://lacentralevapeur.com/en/
You represent, warrant and covenant 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.
Updates to terms and conditions. We reserve the right to make changes to these Terms at any time at 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 change will constitute your acceptance of such changes. Please check these terms and conditions periodically for updates.
2. Eligibility and registration
La Centrale Vapeur may approve or reject any application to join the Program for any legal reason or no reason at all.
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 a Program account (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 in the event of any changes; (c) maintain the security of your Account by protecting your password and restricting access to your Account; (d) notify La Centrale Vapeur promptly if you discover or otherwise suspect any breach of security or unauthorized access 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.
In the event of a dispute over ownership of an account, we reserve the right to investigate and determine ownership of the account based on our reasonable judgment.
3. Affiliate Websites
Affiliate's websites from which Affiliate promotes La Centrale Vapeur and the Services (collectively, the "Affiliate Websites") shall not (a) infringe, misappropriate or violate any patent, copyright, trademark, trade secret, confidentiality, moral right, or any 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, harm or injury against any individual or group
Affiliate is solely responsible for and retains all rights and ownership of its affiliated websites. Affiliate acknowledges and agrees that La Centrale Vapeur (a) has no obligation to review, monitor, validate, correct or update the Affiliated Websites in any way, and (b) expressly disclaims any and all liability arising from the Affiliated Websites.
4. Affiliates' 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 La Centrale Vapeur in complying with all applicable laws, including data subject requests that La Centrale Vapeur may receive from any person referred to La Centrale Vapeur by Affiliate. Affiliate further agrees to promptly assist La Centrale Vapeur in complying with any obligation to cooperate with supervisory authorities under applicable data protection laws.
4.4. Affiliate Advertising
Subject to the restrictions set forth in these Terms and Conditions, Affiliate is responsible for all content, communications and materials, including the form and format thereof, used by Affiliate to promote La Centrale Vapeur or program-related services ("Promotional Content"). Affiliate shall not modify, alter, personalize, copy or imitate La Centrale Vapeur's Property (defined below), including La Centrale Vapeur's trademarks, logos, banners and graphics, when using La Centrale Vapeur's Property in or as part of the Promotional Content. Authorized versions of Happy Co Property that may be used in Promotional Content are available in the Affiliate's Account.
The Affiliate shall promptly comply with La Centrale Vapeur's instructions to modify or delete the Promotional Content.
Promotional Content must include a disclosure that the Affiliate is a member of the Program and has a marketing relationship with La Centrale Vapeur. Affiliate shall not conceal its relationship with La Centrale Vapeur or mask its participation in the Program in any way, nor shall Affiliate state or imply that it is a partner, employee or other representative of La Centrale Vapeur.
4.5. Affiliate Code of Conduct
Affiliates must adhere to the highest standards of ethics and professionalism. Without limiting the generality of the foregoing, the Affiliate and/or your Promotional Content must not, in connection with the Program:
Misrepresent the Services in any way, including their prices, plans, discounts or features;
Offer or provide any guarantees, incentives, rewards or indemnities, except as approved in writing by La Centrale Vapeur;
Denigrate La Centrale Vapeur and its representatives, the Services or the Program;
Use any illegal or spamming method of advertising;
Compete with or interfere with La Centrale Vapeur's direct advertising efforts. From time to time, La Centrale Vapeur may choose to engage in direct online advertising. Affiliate shall not place advertisements targeting La Centrale Vapeur's trademarks and service marks or place advertisements that in any way advertise or display La Centrale Vapeur's trademarks or service marks. This means, among other things, that Affiliate shall not bid (with respect to online advertising, including, but not limited to, pay-per-click or pay-per-impression campaigns) on keywords or phrases containing La Centrale Vapeur's trademarks, service marks, registered trademarks or registered URLs, or any variations, abbreviations or misspellings thereof.
Refer traffic to La Centrale Vapeur through any pay-to-read, pay-to-click, banner exchange, click exchange, PPC advertising, pop-up/under, or similar methods. Referrals must be made from affiliated websites;
Use iframes or any other technique or technology to add the Affiliate tracking cookie to a referral by any means other than an actual click-through;
Use link-disguising techniques or technology to promote La Centrale Vapeur on websites and/or networks not explicitly mentioned in your account;
Display La Centrale Vapeur "https://lacentralevapeur.com/en/", La Centrale Vapeur's logos or trade names, or any variation, abbreviation, or misspelling thereof in any URL, domain name, social media profile, or other online or offline presence.
Place links to La Centrale Vapeur sites and media or refer to La Centrale Vapeur in any way on coupon websites;
Engage in incentive programs or business opportunity sites;
To refer to ourselves in any way. This includes referencing any operation or website in which the Affiliate has a controlling, ownership or equity interest. Any reference where payment is made using a form of payment controlled or owned by Affiliate will be considered a violation of these Terms.
5. Referral commissions
Affiliate shall place a hyperlink on the applicable affiliate websites, in a format approved by La Centrale Vapeur, that redirects a potential customer of La Centrale Vapeur to La Centrale Vapeur's website (the "Affiliate Link"). A "Referred Customer" is a potential La Centrale Vapeur customer who clicks on an Affiliate Link, registers for a La Centrale Vapeur account and places an order
La Centrale Vapeur reserves the right, at its sole discretion, to deactivate and remove from the program referred customers who have failed to finalize the order or whose order has been cancelled for any reason, or who do not comply with the terms of service.
The Affiliate is eligible for one-time and/or recurring referral payments from La Centrale Vapeur ("Commission") under the following conditions:
The Affiliate's account is active at the time the referred customer pays its fees to La Centrale Vapeur. A sale that must be reimbursed by La Centrale Vapeur (e.g. 14-day cooling-off period) will result in the cancellation of the commission previously granted to the affiliate.
The amount and method of calculating commissions are determined and may be modified by La Centrale Vapeur at its sole discretion. Commission amounts and methodology, as well as updates, are available in the affiliate area
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.), levies or duties owed by the referred customer. If the referred customer has received a discount, the commission is calculated on the reduced fee. One-off or excess charges and additional subscriptions are not taken into account when calculating commissions. If fees are refunded to a referred customer for any reason, La Centrale Vapeur may deduct these amounts from the affiliate's future commissions.
La Centrale Vapeur is not responsible for tracking cookies that have been intentionally or unintentionally deleted. No commissions will be paid for tracking errors of any kind, including, without limitation, tracking errors caused by the affiliate editing, masking or manipulating an affiliate link.
Commissions are paid via bank transfer or another method of payment chosen by La Centrale Vapeur. La Centrale Vapeur is not responsible for transaction fees charged by PayPal/Stripe or any other payment provider.
Commissions are paid only when the balance of all commissions due exceeds €50.00.
La Centrale Vapeur is not responsible for lost, stolen or misdirected commission payments.
You are solely responsible for all tax obligations owed to all tax authorities arising out of or in connection with your participation in our program. La Centrale Vapeur will not withhold taxes of any kind from your commissions.
La Centrale Vapeur may, at 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 La Centrale Vapeur (collectively, "Termination").
Upon termination, (a) Affiliate shall (i) immediately cease all use of La Centrale Vapeur's Property, including La Centrale Vapeur's logos, brands, banners, images, content, trademarks and software, (ii) remove and return or destroy any Promotional Content, and (b) La Centrale Vapeur shall no longer be obligated to affiliate with this Agreement, including the payment of Commissions received or already received.
In the event of any termination, expiration, cessation or suspension of these Terms or the Program, any provision which, in order to give effect to its intent, would have to survive such termination, expiration, cessation or suspension of these Terms or the Program, shall survive such termination, expiration, cessation or suspension of these Terms or the Program, including without limitation Sections 6, 7, 8, 9, 10, 11, 12, and 13.
7. Ownership of La Centrale Vapeur
The Services and the Program, and all proprietary rights therein, are the exclusive property of La Centrale Vapeur. Without limiting the generality of the foregoing, all right, title and interest in and to the Services and the Program, including all servers, illustrations, graphics, images, website templates and widgets, literary works, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions, the look, feel, and layout of the Services and the Program, the methods, means, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domain names, custom URLs, trademarks, service marks, trade names and other proprietary, registered or unregistered and/or registrable identifiers, and all derivatives thereof (collectively, "La Centrale Vapeur Property") are owned and/or licensed by La Centrale Vapeur.
Affiliate shall not claim ownership of the Steam Plant Property, nor shall Affiliate take or permit to be taken any action or omission in derogation of any of the rights in the Steam Plant Property, whether during the term of this Agreement or thereafter.
Any information provided to Affiliate concerning La Centrale Vapeur's business, customers, suppliers, software, technology or financial condition, or any other information designated as confidential by La Centrale Vapeur (collectively, the "Confidential Information") is a valuable asset that La Centrale Vapeur 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, nor use such Confidential Information (other than in the performance of its obligations under this Agreement), without the express written consent of La Centrale Vapeur.
9. Relationship between the parties
The relationship between you and La Centrale Vapeur is solely that of independent contracting parties. Nothing in this Agreement creates any agency, joint venture, partnership, franchise or other form of joint venture, employment or fiduciary relationship between us. Neither La Centrale Vapeur nor Affiliate has 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. Audit and inspection
Centrale Vapeur reserves the right to request information, documents, data, personnel and other materials from the Affiliate concerning the Affiliate websites and promotional content. The Affiliate is required to provide complete, accurate, truthful and detailed information to La Centrale Vapeur upon request.
11. Limitation of liability
NEITHER LA CENTRALE VAPEUR, ITS OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AFFILIATES, SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR PROGRAM SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE STEAM CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS PRIMARY PURPOSE, IF ANY.
IN NO EVENT SHALL STEAM CENTRAL'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT OF ONE-THIRD OF YOUR EARNED AND UNPAID COMMISSIONS.
THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN CENTRALE VAPEUR AND AFFILIATE.
You agree to defend, indemnify and hold harmless La Centrale Vapeur (and each of its owners, officers, directors, employees, agents, contractors, licensors and affiliates) (collectively the "La Centrale Vapeur Indemnitees") from and against any and all losses, costs, expenses, damages and injuries, and/or any liability whatsoever, including attorneys' fees, that any La Centrale Vapeur Indemnitee may incur or suffer as a result of any claim, suit, proceeding or investigation asserted or commenced by any third party, arising out of or in any way connected with (a) your participation in the Program ; (b) Affiliated Websites or Promotional Content; (c) your breach or alleged breach of these Terms; or (d) your breach or alleged breach of any law or the rights of any third party.
We reserve the right, in our sole discretion, to control any action or proceeding, including the selection of counsel, and to determine whether we wish to settle it and, if so, on what terms, in which event you will cooperate with us in asserting any available defenses.
You may not assign any of your rights or obligations under these Terms without the prior written consent of La Centrale Vapeur.
Our failure or delay in exercising any right, power or privilege under these Terms shall not constitute a waiver of such right, power or privilege.
The invalidity or unenforceability of any of these terms and conditions shall not affect the validity or enforceability of the remaining terms and conditions, all of which shall remain in full force and effect.