PREAMBLE
These General Terms and Conditions of the Affiliate Program (hereinafter the "Affiliate Terms") define the terms and conditions governing participation in the affiliate program offered by YADULINK.
These Affiliate Terms govern the contractual relationship between:
The company AVICLICK (YADULINK)
Simplified Joint Stock Company (SAS)
Registered with the Paris Trade and Companies Register
Under SIREN number: 979 514 627
With its registered office located at 40 RUE ALEXANDRE DUMAS, 75011 PARIS, FRANCE (hereinafter "YADULINK" or "we")
and
Any individual or legal entity wishing to promote YADULINK services through the affiliate program (hereinafter "the Affiliate" or "you").
Registration to YADULINK's affiliate program implies full and complete acceptance of these Affiliate Terms. If you do not accept these terms, you must not participate in the affiliate program.
1. DEFINITIONS
Affiliate Program : program allowing the Affiliate to receive commissions in exchange for promoting YADULINK services and generating sales.
Affiliate Link : unique URL link assigned to the Affiliate, allowing identification of customers they refer.
Commission : compensation paid to the Affiliate calculated based on sales made through their referral.
Affiliate Cookie : file placed on the visitor's computer when they click on an affiliate link, allowing the sale to be attributed to the relevant Affiliate.
Default Program : standard affiliate program offered to all Affiliates with a commission rate of 30% (capped at €25 per transaction).
Specific Program : any affiliate program offering special conditions different from the default program, granted at YADULINK's discretion to certain Affiliates.
Affiliate eligible for payment : An Affiliate holding either a specific partner agreement with YADULINK or an active YADULINK subscription at the time commissions are calculated and paid.
2. JOINING THE AFFILIATE PROGRAMME
2.1 Eligibility conditions
To join the affiliate programme, the Affiliate must:
- Be a natural person of legal age or a legally incorporated entity
- Have a website, blog, social network or other online communication channel
- Hold a specific partner agreement with YADULINK or an active YADULINK subscription in order to receive commission payments
- Accept these Affiliate Terms
- Complete the affiliate programme sign-up form
2.2 Sign-up process
Registration for the affiliate program takes place online on the YADULINK site. YADULINK reserves the right to accept or refuse any registration request, without having to justify its decision.
The Affiliate undertakes to provide accurate, complete and up-to-date information when registering. Any incorrect or misleading information may lead to immediate termination of their participation in the affiliate program.
2.3 Affiliate account
Once the registration is approved, the Affiliate receives access to their personal area, where they can view their statistics and commissions and generate affiliate links.
The Affiliate is responsible for keeping their login credentials confidential and undertakes not to share them with third parties.
3. HOW THE AFFILIATE PROGRAMME WORKS
3.1 Affiliate links
The Affiliate receives a unique affiliate link that they must use to promote YADULINK's services. The Affiliate can also create short links redirecting to any page of the YADULINK site, which sets an affiliate cookie on the visitor's session.
On request, YADULINK may also create custom promotional codes for the Affiliate.
3.2 Affiliate cookie
When a visitor clicks an affiliate link, a cookie is placed in their browser for 60 days. If the visitor signs up for a paid YADULINK service during that period, the sale is attributed to the Affiliate.
If several different affiliate links are clicked, the last link clicked is the one used to attribute the sale.
3.3 Performance tracking
The Affiliate can view their performance statistics (clicks, sign-ups, subscriptions generated, commissions) at any time from their personal area.
YADULINK cannot be held liable for tracking errors, temporary technical problems or data loss that prevented a sale from being recorded correctly.
4. COMMISSIONS AND PAYMENTS
4.1 Commission rate
4.1.1 Default programme
The default program offers a recurring 30% commission on every subscription generated by the Affiliate, capped at €25 per transaction.
The commission is calculated on the pre-tax subscription amount.
4.1.2 Specific programmes
YADULINK may, at its sole discretion, offer certain Affiliates specific programs with commission rates different from the default program.
The specific terms of these programs will be communicated individually to the Affiliates concerned.
4.2 Commission validation
Commissions are treated as approved 30 days after the date the customer paid for the subscription.
This validation period makes sure the subscription has not been cancelled or refunded.
4.3 Payment of commissions
4.3.1 Payment terms
Commissions are paid monthly, provided the total amount owed reaches the minimum threshold of €50.
Commission payments are strictly reserved for Affiliates eligible for payment. An Affiliate who has no specific partner agreement with YADULINK and no active YADULINK subscription at the time of calculation or payment cannot receive commission payments.
If the threshold is not reached or the Affiliate is not eligible for payment, commissions may be carried over until the payment conditions are met. YADULINK may withhold payment for as long as those conditions are not satisfied.
4.3.2 Payment methods
Payments are made by one of the following methods, at the Affiliate's choice:
- Bank transfer
- PayPal
- Stripe
4.3.3 Billing
YADULINK automatically generates a summary of the commissions owed to the Affiliate.
The Affiliate is nevertheless advised to provide an invoice for the amount of the commissions before they are paid. If the Affiliate is a legal entity or a sole trader, providing an invoice that complies with the applicable regulations is mandatory.
4.3.4 Taxes
The Affiliate is solely responsible for their tax and social security obligations on commissions earned through the affiliate program.
YADULINK cannot be held liable if the Affiliate fails to meet their tax and social security obligations.
5. OBLIGATIONS AND RESTRICTIONS
5.1 Affiliate's obligations
The Affiliate undertakes to:
- Promote YADULINK's services honestly and transparently
- Comply with all applicable laws and regulations, in particular on consumer protection, e-commerce and personal data protection
- Not mislead potential customers about the nature and characteristics of YADULINK's services
- Present the features relating to AI assistants and the MCP connector accurately, without promising availability, official approval, a commercial outcome or compatibility that YADULINK has not expressly confirmed
- Keep their site, blog or communication channel in good working order and with content that meets standards of decency
- Inform YADULINK of any technical issue related to the affiliate programme
5.2 Restrictions
The Affiliate is strictly prohibited from:
- Use misleading or aggressive promotional methods
- Using paid advertising on keywords related to the YADULINK brand or its variations
- Engage in spam or unsolicited email practices
- Create a mirror site or copy the content of YADULINK's site
- Impersonate YADULINK or claim to act on YADULINK's behalf
- Using fraudulent methods to artificially generate traffic or commissions
- Promoting YADULINK on sites with illegal, pornographic, violent or discriminatory content, or content infringing third-party rights
5.3 Promotional material
YADULINK may provide Affiliates with promotional material (banners, copy, visuals, etc.) that Affiliates are permitted to use to promote the services.
This material remains the exclusive property of YADULINK and must not be modified without prior authorisation.
6. SPECIFIC PROGRAMMES AND PERFORMANCE ASSESSMENT
6.1 Assignment of specific programmes
YADULINK may, at its sole discretion, offer certain Affiliates specific programs with terms more favourable than the default program.
Assignment to a specific program is based on criteria defined by YADULINK, such as the quality of the traffic generated, sales volume, the relevance of the promotion channel, etc.
6.2 Performance assessment
The performance of Affiliates on a specific program is reviewed monthly by YADULINK.
This assessment covers in particular:
- The number of new customers generated by the Affiliate
- The number of new subscriptions taken out by those customers
- The Affiliate's overall promotional activity
6.3 Downgrade to the default programme
YADULINK reserves the right to move an Affiliate from a specific program down to the default program if their performance is deemed insufficient against the assessment criteria set by YADULINK.
The downgrade may be applied without notice, at YADULINK's sole discretion.
The Affiliate acknowledges that the exact criteria and thresholds triggering a downgrade are confidential and are not disclosed, in order to protect the integrity of the affiliate program.
7. TERM AND TERMINATION
7.1 Term
Membership of the affiliate programme is entered into for an indefinite term.
7.2 Termination by the Affiliate
The Affiliate may end their participation in the affiliate program at any time by sending written notice to YADULINK.
Termination takes effect immediately and the Affiliate will no longer have access to their affiliate account. Approved but unpaid commissions remain due only if the Affiliate meets the payment eligibility conditions set out in these Affiliate Terms.
7.3 Termination by YADULINK
YADULINK reserves the right to terminate an Affiliate's participation in the affiliate program, without notice or compensation, in the following cases:
- Breach of these Affiliate Terms
- Use of prohibited promotional methods
- Prolonged inactivity (no sale generated over 6 consecutive months)
- Providing incorrect or misleading information
- Behaviour harmful to YADULINK's image or interests
- Attempted fraud or scam
In the event of termination for breach of these Affiliate Terms, YADULINK reserves the right not to pay commissions still awaiting approval.
8. INTELLECTUAL PROPERTY
The Affiliate acknowledges that all YADULINK intellectual property (trade marks, logos, domain names, content, etc.) is the exclusive property of YADULINK.
The Affiliate may use these materials solely within the affiliate program and in accordance with the guidelines provided by YADULINK.
This authorisation is non-exclusive, non-transferable and may be revoked at any time by YADULINK.
9. CONFIDENTIALITY
The Affiliate undertakes to keep confidential any non-public information about YADULINK, its services, its customers or its business that they may learn through the affiliate program.
This confidentiality obligation survives the end of participation in the affiliate program.
10. LIABILITY
10.1 YADULINK's liability
YADULINK cannot be held liable for indirect, incidental or consequential damage suffered by the Affiliate through their participation in the affiliate program.
YADULINK's liability is limited to the amount of commissions actually owed to the Affiliate.
10.2 Affiliate's liability
The Affiliate is solely responsible for their promotional activity and its content. They indemnify YADULINK against any third-party claim or action arising from their participation in the affiliate program.
The Affiliate undertakes to indemnify YADULINK for any loss, cost or expense (including legal fees) arising from a breach of these Affiliate Terms.
11. CHANGES TO THE AFFILIATE TERMS
YADULINK reserves the right to amend these Affiliate Terms at any time.
If they change, the new Affiliate Terms will be notified to the Affiliate by email or through their personal area before they come into force.
If the Affiliate keeps taking part in the affiliate program after the new Affiliate Terms come into force, they are deemed to have accepted them.
If the Affiliate does not accept the new Affiliate Terms, they must stop taking part in the affiliate program and close their account.
12. GOVERNING LAW AND JURISDICTION
These Affiliate Terms are governed by French law.
In the event of a dispute over the interpretation or performance of these terms, the parties will endeavour to settle it amicably.
Failing an amicable settlement, the dispute will be submitted to the exclusive jurisdiction of the Paris Commercial Court, notwithstanding multiple defendants or third-party proceedings.
13. CONTACT
For any question about this Legal Notice, contact us at: [email protected]