Conditions Générales d'Utilisation et de Vente de la Plateforme Monetizee

1. Company Information

These general terms and conditions (the "Terms") are concluded between:

Kercom, SAS with a capital of [amount of capital], registered with the RCS of Vannes under number 949 100 721 00016, headquartered at 10 Rue du Docteur Joseph Audic, 56000 Vannes, France (hereinafter referred to as "Kercom" or "we"). The Monetizee platform is an online service designed to enable content creators to monetize their community through profitable promotional campaigns.

2. Services Offered

Monetizee offers a free platform allowing content creators (hereinafter "Affiliates") to promote products/services offered by our partners (hereinafter "Partners") and receive commissions for each sale generated through their promotion.

• Free services: The use of services is free, and no paid subscription is required to access the platform's features.
• Access to services: Access to services is conditioned upon creating an account, which can be deactivated at any time by the user or Kercom in case of non-compliance with the terms.

3. Payment Terms

Affiliates will receive their commissions via Zexel.io, our payment management partner. Payments are made monthly after validation of generated commissions. No recurring billing is applied.

• Commissions: Affiliates receive a commission on sales generated by their promotion of Partners' products/services. The exact commission amount will be defined in the available promotional campaigns.
• Payment methods: Payments can be made via bank transfer or gift cards, depending on the method chosen by the Affiliate on Zexel.
• No additional fees: No additional fees will be charged to the Affiliate for using the platform.

4. Intellectual Property and Content

All elements of the platform, including visuals, tracking links, logos, and other elements provided by Kercom, remain the exclusive property of Kercom.

• Use of content: Affiliates are authorized to use these elements for commercial purposes, within the framework of promoting Partners' products/services.
• Content responsibility: Affiliates are responsible for the content they publish on their own social networks, websites, or other communication channels. Under no circumstances can Kercom be held responsible for the legality, accuracy, or compliance of the content published by Affiliates.

5. Personal Data and Privacy

We are committed to respecting the privacy and protection of Affiliates' personal data.

• Data collection: We collect the following information: name, first name, email address, phone number, social networks/websites, banking information for commission payments. This information is used to manage Affiliates' accounts, communicate with them, and process commission payments.
• Data storage: All data is stored in a private CRM, developed under white label, to which only Kercom has access. Data is retained for the entire duration of the Affiliate's activity on the platform, or until the Affiliate requests its deletion.
• Use of Zexel.io: For payment processing, we use Zexel.io. All payment-related information will be transmitted to Zexel to ensure proper commission processing.

6. Responsibility and Exclusions

Kercom strives to provide quality services but cannot guarantee that the platform will always be available, uninterrupted, or error-free.

• Non-responsibility: Kercom cannot be held responsible for direct or indirect damages resulting from the use of the platform, including loss of commissions or payment errors.
• Claims: If a problem occurs, Affiliates can send an email to contact@monetizee.fr. We commit to addressing requests as quickly as possible.

7. Duration, Termination, and Service Modifications

Services are provided for an indefinite duration, except in cases of prolonged inactivity by the Affiliate.

• Inactivity: An account will be considered inactive after one year without login. Before deletion, the Affiliate will be informed by email.
• Termination: The Affiliate can terminate their account at any time by sending an email to contact@monetizee.fr. In case of non-compliance with the platform rules, Kercom reserves the right to suspend or delete an account without notice.
• Service modifications: Kercom reserves the right to modify or suspend all or part of the services provided, after prior email notification.

8. Legal and Regulatory Provisions

Affiliates must comply with all laws and regulations applicable to their activities, including ARPP rules regarding advertising.

• Affiliate responsibility: Affiliates are responsible for ensuring their content complies with applicable laws, especially concerning advertising, copyright, and data protection.
• Jurisdiction: In case of disputes, the competent courts will be those of Vannes, France, unless an amicable solution can be found.

9. User Properties

Affiliates are responsible for the content they publish on their own social networks or websites.

10. Modification of Terms and Conditions

Kercom reserves the right to modify these Terms and Conditions at any time, without notice. The Affiliate is therefore invited to regularly review these terms. Any modification will take effect immediately after publication on the platform.

Glossary

• Affiliate: A person who has created an account on the Monetizee platform and promotes Partners' products/services.
• Platform: An online service offered by Kercom enabling Affiliates to promote products/services and receive commissions.
• Partner: A company or brand offering products or services to be promoted by Affiliates on the platform.
• Commission: Amount paid to the Affiliate based on sales generated by their promotional actions.