By checking the "I accept the Terms of Use" box, you expressly acknowledge and agree, on your own behalf as an individual, and on behalf of your employer or other entity, that you are entering into a legal binding with BYSIX SPRL, that you are over the age of 18, that you have full authority to bind such employer or other entity, and that you understand and agree to abide by the terms and conditions below. You hereby waive any applicable right to require an original (non-electronic) signature or the delivery or retention of non-electronic documents, to the extent not prohibited by applicable law.
Registration
In order to register for the BYSIX Affiliate Program, you must create an account on the dedicated BYSIX Program site which will serve as your online application for registration as an Affiliate. You agree not to create an account for anyone else or use the account of others without permission. When registering, you must provide accurate and complete information. You are responsible for the activity that occurs in the account. You must keep account access information secure. You must immediately notify BYSIX of any breach of security or unauthorized use of your account. You are solely responsible for the activity that occurs in connection with the account.
Beginning
This agreement begins upon approval of your online application by BYSIX. You will receive an email notification when your request is approved or denied. BYSIX may reject any application for any reason. BYSIX will reject any request to place its link on any website, email, social media group, blog, etc. which contains, in the sole opinion of BYSIX, any objectionable content. Objectionable content includes content that is unlawful in any way, harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, unlawfully discriminatory or otherwise objectionable. BYSIX will also reject applications to place its link on any website, email, social media group, blog, etc. containing links and advertisements for objectionable content websites, gambling sites and casinos.
Displaying the BYSIX link
We will provide you with the technical specifications and other information and logos necessary to establish the banner, link or resource locator (URL) personalized by BYSIX. You will be able to place them on your website, emails, social media or similar advertising, campaigns from an account or platform that is registered in your name or that you are authorized to use (your media).
You expressly agree that the name, trademark, logo or any other identifying element of BYSIX placed by you will only appear in the form and according to the technical specifications provided by BYSIX. BYSIX may terminate this Agreement at any time if your display of BYSIX's logo, trademark or other identifier does not meet BYSIX's approval and/or compete with BYSIX's own link. This includes advertising BYSIX trademarks on search engines and/or representing your ads as being BYSIX, which is specifically prohibited.
Upon notice from BYSIX, You must immediately remove all references to BYSIX, including its name, logo, trademark, service mark or any other identifying material from Your Media immediately.
Restrictions
You may use the links for the sole purpose of promoting BYSIX and referring potential customers to the BYSIX site. Except to the extent permitted by applicable law, you must not send unauthorized emails or commercial communications that include a link, and you will be solely responsible for such unauthorized communications. You must include "unsubscribe" instructions in every communication you send. Your email marketing practices must comply with all applicable laws and regulations, display the links in a manner that, in BYSIX's discretion, disparages or creates a pejorative or negative image of BYSIX; make false or misleading statements about BYSIX, or engage in any other practice that could harm BYSIX's reputation; or display the Links or Content in a manner that contains or promotes (a) illegal activity, discrimination of any type, violence, or sexually explicit material, or (b) content that is defamatory, misleading, misleading or infringes any third party intellectual property, privacy or other rights of any kind. Affiliate links are not to be used by affiliates for the purpose of gaining for their own account. BYSIX partner salons are not eligible for the affiliate program.
Referral Boards
For each potential customer who places an order on the BYSIX website via the link to your media, BYSIX will pay you a commission of 5% of the order amount for payments that are invoiced and collected during the term of your partnership. The referral of a potential subscriber who was previously or is currently a BYSIX customer does not qualify for a commission. All eligible referral commissions will be credited to an account created for you.
Payment of commissions
You will receive payment of your first referral commission when your account balance exceeds €50 and you will receive this first payment within 15 days of the end of the month in which your account balance exceeds €50. If for any reason this agreement is terminated before your first referral commission is due and the account balance does not exceed €50, no referral commission will be due. If this agreement is terminated after the first referral fee is due and payable or has been paid, then any referral fee balance on your account will be paid to you within approximately 45 days from the end of the month in which this agreement has been terminated. All payments will be made by bank transfer. You must have a bank account in your name or that of your company. BYSIX is not responsible for incorrect account entries when adding your bank details online.
Customer information
Each customer who visits the BYSIX website through the affiliate link must fill in the customer information required for the order. All customer information is the exclusive property of BYSIX and the requesting customer. You have no right to (i) participate in any aspect of the information process, or (ii) receive Customer Personal Information. This Policy specifically prohibits you, without limitation, from receiving Customer Information directly from Customers and subsequently transmitting Customer Information to BYSIX. Of course, you may request personal information from customers directly related to your own activities, registrations, promotions or the like, but you will never reveal any personally identifiable information about customers or a prospective customer.
Policies
Once a customer provides BYSIX with customer information, that customer will be considered a BYSIX customer for all purposes and will be subject to all policies, procedures, rules and regulations that govern such transactions. BYSIX may change any of its policies or procedures at any time, consistent with applicable law.
Customer Privacy
BYSIX may be subject to rules and regulations, including but not limited to the Privacy Statement on BYSIX's website, which specifies how BYSIX may or may not process a customer's personal information. You understand that the BYSIX Website and Policies are created and operated to comply with all such rules and regulations and you agree to defend, indemnify and hold harmless BYSIX from any breach of a Customer's privacy rights.
Sales reports
We will provide you, via email or through your account, with a monthly report that summarizes your website sales activity. Under no circumstances will BYSIX reveal the names or other identifying information of its customers.
License Agreement
Upon our acceptance of your request, we will grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, right to use the icon, logo and other BYSIX images and materials relating to BYSIX. You may not modify any of BYSIX's images, including but not limited to its icon or logo. This license is subject to the terms and conditions of this agreement and is limited to the sole purpose of participating in the program of promoting BYSIX's products and services on your media, and for no other purpose. BYSIX expressly reserves all of its rights to its trademarks, trade names, icons, logos and other intellectual property. BYSIX may revoke this license at any time by written notice to you.
Site maintenance
You are solely responsible for maintaining your media. BYSIX has no responsibility for the development, operation or maintenance of your media. You are responsible for all technical operations of Your Media, including, without limitation, ensuring that Your Media does not contain libelous or objectionable material, and ensuring that all material on Your Media is legal and does not bear infringe any third party's rights (including copyright or trademark rights) or the rights of any customer.
BYSIX is not liable for any such obligations and you agree to defend, indemnify and hold harmless BYSIX, its directors, officers, employees and representatives from and against all claims, actions, causes of action, damages, injuries , expenses (including attorneys' fees) relating to the development, operation, content and maintenance of Your Media, including, without limitation, any breach of a customer's privacy rights or any unauthorized use authorized by You of the BYSIX icon, logo and other BYSIX images and materials relating to BYSIX.
Duration
This Agreement is effective when your application is, in BYSIX's sole discretion, accepted by BYSIX and you are notified in writing or electronically. (i) Termination Without Cause. Either party may terminate this Agreement by giving the other party 30 days written notice of termination. (ii) Termination Due to Account Inactivity. If during the period of 90 consecutive days, there are no visits to the BYSIX site via your link, your account is considered inactive and BYSIX reserves the right to terminate the contract and delete your account without further notice. Referral Fees will only be paid to Eligible Accounts under this Agreement, in accordance with Section 5, upon or prior to termination. Upon termination of this Agreement, your license will expire immediately.
Modification of the agreement
BYSIX may modify this Agreement at any time by posting a change on our website or by notifying you by e-mail. BYSIX may modify the terms and conditions of this agreement. Modifications may include, but are not limited to, changes in the structure of referral fees and payment procedures. If any modification is unacceptable to you, your sole remedy is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
Modification of the link
BYSIX, at its sole discretion, may alter the "appearance" of the link you have placed on your media. If any such modification is unacceptable to you, your sole remedy is to terminate this Agreement.
Relationship of the parties
You and BYSIX are independent contractors for all purposes. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to act on behalf of BYSIX. Your display of the BYSIX logo and/or trademark and other content on your website, or any direct contact you have with a customer or customer account applicant must not contradict this fact.
Advertising
You must not create, publish, distribute or authorize any written or electronic material that references BYSIX without first submitting such material to us and receiving our written consent.
Limitation of liability
We will not be liable for any indirect, special, or consequential damages (or loss of revenue, profits, or data) arising out of this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising under this Agreement will not exceed the total referral fees paid or payable to You under this Agreement.
Disclaimer
We make no express or implied warranties or representations regarding the Program or this Agreement or any product or service sold by BYSIX. Further, we make no representation that the operation of our website will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
Governing Law, Jurisdiction, Jury Trial Waiver
This Agreement shall be governed by and construed in accordance with the internal laws of the Belgian State, excluding all laws applicable to conflict of laws. Each party hereby unconditionally and irrevocably consents (i) and submits to the jurisdiction of Belgium, in connection with any suit, action or other proceeding arising out of this Agreement, including personal and thematic jurisdiction, (ii) waives any objection to such jurisdiction or venue in Belgium, including on the ground that there is no personal or disciplinary jurisdiction or that such venue is impractical, and (iii) WAIVES ANY RIGHTS THAT THAT PARTY MAY HAVE TO SEEK A JURY TRIAL in any such action, suit or other proceeding.
