Fourmi Bionique Inc. (hereinafter “La Fourmi”) operates the website: lafourmibionique.com (the “Website”). Use of the Website is governed by the Terms and Conditions set forth below, which constitute a contract between you and La Fourmi. These Terms and Conditions may be modified unilaterally by La Fourmi at any time.
AFFILIATION: a marketing practice through which which La Fourmi will see its commercial offers (products or services) disseminated by a promotional force consisting of a network of websites or mobile applications or databases or other dissemination media and service providers on the internet, the AFFILIATES.
AFFILIATE: a natural or legal person who publishes online services or content and who has registered for the AFFILIATE program in order to present links to La Fourmi’s websites or services and to receive compensation for this reason.
The purpose of these GTC is to define the conditions under which the AFFILIATE may participate, on a non-exclusive basis, in the programs defined by La Fourmi as well as the terms of payment for AFFILIATES.
3. The AFFILIATE’s Statement
The AFFILIATE states that he/she:
i. Is aware of the conditions under which the program and services offered by La Fourmi operate, and therefore has sufficient overall competence to implement an affiliation program via www.lafourmibionique.com.
ii. Has all the necessary information necessary to judge whether the proposed program corresponds to his/her expectations, objectives and expected outcomes.
iii. Has all the administrative, fiscal and social authorizations necessary to successfully implement the stated general conditions;
iv. Will be in conformity with the laws and regulations applicable according to the places of registration or declaration for their websites, mobile applications, databases and more broadly of its broadcasting mediums, registered on a program;
v. Has enough technological equipment as well as a strong enough network connection to implement a program.
These general terms and conditions are agreed upon for an indefinite period of time, unless they are terminated under the conditions provided for in these general terms and conditions.
5. Coming in to force – opposability
The present GCU are opposable and applicable to all the sites, applications, databases or any other of the AFFILIATE’s broadcasting mediums whose application or registration to the program is retained as of their acceptance, in whatever form.
In all cases, on the date that the AFFILIATE’s account is created, these GTC shall be deemed to have been read and accepted by the AFFILIATE.
La Fourmi reserves the right to make any changes to these GTC that it deems necessary and useful.
La Fourmi commits to informing the AFFILIATES of the new GTC. Unless the AFFILIATE communicates termination within 30 (thirty) days of the new version of the general terms and conditions becoming available, they will be enforceable against the AFFILIATE. As such, the new general conditions will be fully opposable to the AFFILIATE as soon as he/she uses the program after being provided with the new contractual conditions.
The present GCU are intended to be applied worldwide, and are thus opposable and applicable to any AFFILIATE, no matter his/her nationality, headquarters or commercial operating territory.
6. AFFILIATE account
The use of the platform presupposes that the AFFILIATE will open an account. To open an account and thus become a member of La Fourmi’s AFFILIATE network, the AFFILIATE candidate must first read and accept these general terms and conditions and fill out the form available on the online platform.
La Fourmi reserves the right to accept or reject, through e-mail, at its sole discretion, any application, particularly if the content of the site is likely to damage the image or reputation of La Fourmi or its commercial policy, or does not comply with the laws and regulations in force or the rights of third parties.
The procedure for opening an AFFILIATE account consists of various steps.
When registering, the AFFILIATE must provide the information required by La Fourmi. This information must be accurate and founded at La Fourmi’s first request. This information must be updated by the AFFILIATE.
The AFFILIATE must provide a valid e-mail address that will allow, most importantly, him/her to receive an e-mail confirming registration.
It is the responsibility of the AFFILIATE to choose his or her password at the time of registration and not to communicate it.
The AFFILIATE who has the changing his/her password at any time is encouraged to do so regularly.
The AFFILIATE is solely responsible for maintaining the confidentiality of his/her password and any ensuing consequences of unintentionally disclosing it to anyone. Any use of AFFILIATE’s account with a password chosen or changed by the AFFILIATE shall be deemed to be the sole responsibility of the AFFILIATE, to which the AFFILIATE expressly agrees.
No actions may be without the password or email address associated with the AFFILIATE account.
The password and email address for the AFFILIATE account are personal and confidential.
In the event of compromise, the AFFILIATE shall be forced: (i) to change his/her password on the La Fourmi platform and (ii) to notify La Fourmi without delay of compromising password confidentiality or of any use by a third party of which he/she is aware.
7. Affiliation program and financial terms
Upon La Fourmi’s acceptance of his/her application, the AFFILIATE: may access the program.
La Fourmi commits to making available to the AFFILIATE the information and elements (computer files, tags or lines of code, including but not limited to hyperlinks, icons, buttons, advertising banners, email kits, etc.) enabling the AFFILIATE to implement the program on his/her site.
Rates of compensation are based on net sales generated through the link (URL) with the AFFILIATE’s unique identifier, i.e., all promotions, shipping and taxes deducted, as well as any other possible fees.
The default rates are as follows:
- less than $300 = 2% ;
- between $300 and $699 = 3%;
- between $700 and $1500 = 5%;
- more than 1500$ = 8%.
La Fourmi may, at its discretion, modify the default rates, taking care to notify AFFILIATES before they come into effect, but it may also apply different rates for a specific AFFILIATE.
This remuneration will be paid every two months to the AFFILIATE, insofar as the amount to be invoiced exceeds a minimum threshold fixed at $100. In the event that the AFFILIATE’s fee for a given month is less than this minimum threshold, payment will be deferred to the first month in which the minimum is reached.
The amounts due to the AFFILIATE under the program registered on the platform are based on the data recorded by the AFFILIATE WP application.
AFFILIATE WP records each event that occurs through the program. Both parties agree that the records made by AFFILIATE WP shall be used as a reference to calculate events. Consequently, the records made by AFFILIATE WP serve as a reference to bill the amounts due.
AFFILIATE WP is therefore solely responsible for counting the aforementioned events. The AFFILIATE acknowledges and agrees that the statistics and counts established by AFFILIATE WP are authentic and serve as official and definitive data between the parties.
The records referred to above are permanently available to the AFFILIATE on his/her account.
La Fourmi shall send the AFFILIATE a request for an invoice based on the recordings made by La Fourmi.
The invoice issued by the AFFILIATE shall be paid by La Fourmi in CANADIAN DOLLARS within SEVEN DAYS (7 days) of receiving said invoice.
In the event of a dispute subsequent to the payment of the sums by La Fourmi, the AFFILIATE agrees to return the sums paid at La Fourmi’s first request.
The AFFILIATE shall be responsible for the payment of all taxes, fees, social security contributions and similar charges based on the payments made by La Fourmi. However, if required by the law or regulation of any country, La Fourmi shall deduct any taxes, tax withholding or charges related to payments.
The AFFILIATES shall be responsible for making all necessary declarations to the relevant authorities in order to comply with the applicable regulatory provisions (particularly any registration obligations).
Both parties may terminate the program at any time without notice.