Relayeur Officiel – Terms and Conditions

FOREWORD

Our Official Relayers are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask for the same consideration. We have drawn up this Affiliate Agreement with you in mind, but also to protect the reputation of our company. Please follow us as we complete this legal formality.

If you have any questions, please let us know. We believe in direct, honest communication.

AFFILIATION AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT.

YOU CAN PRINT THIS PAGE FOR YOUR RECORDS.

This is a legal agreement between you and Practeez.

BY SUBMITTING THE ONLINE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY EACH OF THEM.

1. Overview

This agreement contains the complete terms and conditions that apply to your membership in the Practeez Affiliate Program. The purpose of this agreement is to allow the establishment of HTML links between your Web site and the Practeez site. Please note that in this agreement, the terms “we”, “us” and “our” refer to Practeez, and the terms “you”, “your” and “yours” refer to the Official Relayer.

2. Obligations of the Official Relay Operator

2.1. To begin the application process, you must complete and submit the online application HERE. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is not suitable for our program, in particular if. :

2.1.1. promotes sexually explicit material

2.1.2. Promotes violence

2.1.3. Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age

2.1.4. Promoting illegal activities

2.1.5 Incorporate material that infringes or assists others to infringe copyrights, trademarks or other intellectual property rights or to break the law.

2.1.6 Includes in its domain name “Practeez” or variations or misspellings thereof.

2.1.7 Is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us, in our sole discretion.

2.1.8. Contains software downloads that potentially hijack commissions from other Official Relayers of our program.

2.1.9. You may not create or design your website or any other website you operate, explicitly or implicitly, in a manner that resembles our website, nor may you design your website in a manner that leads customers to believe that you are Practeez or any other Relayeur Officiele company.

2.2 As a member of the Practeez affiliate program, you will have access to the affiliate account manager. Here you will be able to view details of our program and previously published Official Relay newsletters, download HTML code (which provides links to Practeez web pages) and banner designs, browse and obtain tracking codes for our coupons and offers. In order for us to accurately track all guest visits from your site to ours, you must use the HTML code we provide for each banner, text link or other Official Relay link we provide.

2.3. Practeez reserves the right, at any time, to review your placement and approve the use of your links and to require you to modify the placement or use to comply with the guidelines provided to you.

2.4. You are responsible for maintaining and updating your site. We may monitor your site as we deem necessary to ensure that it is up to date and to inform you of any changes that we believe will improve your performance.

2.5. You are solely responsible for complying with all applicable intellectual property and other laws relating to your site. You must obtain express permission to use someone else’s copyrighted material, whether text, images or any other copyrighted work. We will not be liable (and you will be solely liable) if you use someone else’s copyrighted material or other intellectual property in violation of the law or the rights of any third party.

3. Practeez’s rights and obligations

3.1 We have the right to monitor your site at any time to determine whether you are complying with the terms of this agreement. We may notify you of any changes we deem necessary to your site, or ensure that your links to our web site are appropriate and notify you again of any changes we deem necessary. If you do not make the changes to your site that we deem necessary, we reserve the right to terminate your participation in the Practeez program.

 

3.2. Practeez reserves the right to terminate this Agreement and your participation in the Practeez Affiliate Program immediately and without notice if you commit fraud in your use of the Practeez Affiliate Program or abuse the Practeez Affiliate Program in any way. If such fraud or abuse is detected, Practeez will not be liable to you for any commissions for such fraudulent sales.

3.3. This contract takes effect on acceptance of your application for membership and continues until terminated.

4. Cancellation

Either you or we may terminate this agreement at ANY TIME, with or without cause, by giving written notice to the other party. Written notice may take the form of mail, e-mail or facsimile. In addition, this agreement will terminate immediately in the event of any breach by you of this agreement.

5. Modification of the agreement

We may modify the terms and conditions of this agreement at any time and at our sole discretion. If we do, we will notify you by e-mail. Modifications may include, but are not limited to, changes in Practeez’s payment procedures and affiliate program rules. If any change is unacceptable to you, your only option is to terminate this agreement. Your continued participation in the Practeez Affiliate Program following the posting of the change notice or new agreement on our site indicates your acceptance of the changes.

6. Payment

Practeez remunerates its Official Relayers on the basis of an invoice issued by the latter. Payment is then made according to the Official Relayers’ wishes: bank transfer or Paypal.

 

7. Access to the Official Relay Account interface

You will create a password that will allow you to access the Practeez Official Relay Account secure interface. From their site you’ll be able to receive your reports, which will describe our calculation of the commissions due to you.

. Promotional restrictions

8.1. You are free to promote your own websites, but it goes without saying that any promotion mentioning Practeez could be perceived by the public or the press as a joint effort. You should be aware that certain forms of advertising are always prohibited by Practeez. For example, advertising commonly known as “spamming” is unacceptable to us and could damage our name. Other forms of advertising that are generally prohibited include the use of unsolicited commercial e-mail (UCE), posting in non-commercial newsgroups and cross-posting in multiple newsgroups at once. In addition, you may not advertise in a manner that conceals or misrepresents your identity, domain name or return e-mail address. You may use customer mailings to promote Practeez, provided that the recipient is already a customer or subscriber of your services or website, and that recipients have the option of opting out of future mailings. You may also send messages to newsgroups to promote Practeez, provided that the newsgroup in question specifically accepts commercial messages. At all times, you must clearly present yourself and your websites as being independent of Practeez. If we find that you are sending spam, we will consider this to be grounds for immediate termination of this contract and your participation in the Practeez affiliate program. Any outstanding balance due to you will not be paid if your account is terminated due to unacceptable advertising or solicitation.

8.2. Official Relayers who, among other keywords or exclusively, bid in their pay-per-click campaigns on keywords such as Practeez and/or any misspellings or similar alterations thereof – whether separately or in combination with other keywords – and who do not direct traffic from these campaigns to their own website before redirecting it to ours, will be considered trademark infringers and will be banned from the Practeez affiliate program. We will make every effort to contact the Official Relayer prior to the ban. However, we reserve the right to exclude any offender from our affiliate program without prior notice and upon the first occurrence of such PPC bidding behavior.

8.3 Official Relay Operators are not prohibited from entering prospect information in the contact form, provided that this information is real and true, and that these are valid contacts (i.e. sincerely interested in Practeez services).

8.4. The Official Relayer shall not transmit any so-called “interstitials”, “Parasiteware™”, “Parasitic Marketing”, “Shopping Assistance Application”, “Toolbar Installations and/or Add-ons”, “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the moment the consumer clicks on an eligible link until the consumer has completely left the Practeez site (i.-.i.e., no page of our site or Practeez content or brand is visible on the end user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” means an application that (a) by accident or direct intent causes the overwriting of Official Relay and Unofficial Relay commission tracking cookies by any means other than a customer-initiated click on a qualifying link on a web page or email ; (b) intercept searches to redirect traffic through installed software, thereby causing pop-ups, commission tracking cookies or overwriting of other commission tracking cookies when a user would normally have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and other similar search or directory engines); (c) set cookies to track commissions by loading Practeez. com in IFrames, hidden links and automatic pop ups that open the Practeez site; (d) target text on websites, other than websites owned 100% by the application owner, for contextual marketing purposes; (e) remove, replace or block the visibility of Official Relayer banners with other banners, other than those found on websites owned 100% by the application owner.

9. Licensing

9.1. We grant you a non-exclusive, non-transferable, revocable right (i) to access our Site through HTML links only in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, marks and similar identifiers (collectively, the “Licensed Materials”) that we provide to you or authorize you to use. You may use the Licensed Material only if you are a member in good standing of the Practeez Affiliate Program. You agree that all uses of the Licensed Material shall be on behalf of Practeez and that the goodwill associated therewith shall be for the sole benefit of Practeez.

9.2 Each party agrees not to use the other party’s proprietary material in a manner that is disparaging, misleading, obscene or that reflects unfavorably on the other party. Each party reserves all its respective rights to the proprietary material covered by this license. Other than the license granted in this Agreement, each party retains all right, title and interest in and to its respective rights, and no right, title or interest is transferred to the other party.

10. Disclaimer of liability

Practeez makes no representations or warranties, express or implied, regarding the Practeez service and website or the products or services provided therein, all implied warranties of fitness of Practeez, fitness for a particular purpose and non-infringement being expressly rejected and excluded. FURTHERMORE, WE DO NOT WARRANT THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

11. Declarations and warranties

You represent and warrant that :

11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms ;

11.2. You have the right, power and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

11.3 You have sufficient right, title and interest in and to the rights granted to us in this Agreement.

12. Limits of liability

WE WILL NOT BE LIABLE TO YOU, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR GOODWILL, ANTICIPATED PROFITS OR LOSS OF BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall Practeez. com’s cumulative rights exceed the total amount of the Commission Fee paid to you under this Agreement, whether such liability is based on contract, negligence, strict liability, tort or any other legal or equitable theory.

 

13. Compensation

You hereby agree to indemnify and hold harmless Practeez. com, its subsidiaries and Relayeur Officieles companies, and their directors, officers, employees, agents, shareholders, partners, members and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) (any or all of the foregoing is hereinafter referred to as “Losses”) to the extent that such Losses (or actions with respect thereto) arise out of or are based upon (i) any claim that our use of the Relayeur Officieles Marks infringes any trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of a third party, (ii) any misrepresentation regarding a third party’s trademark, service mark, copyright, license, intellectual property or other proprietary right, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party, (ii) any misrepresentation or warranty or breach of any covenant or agreement made by you herein, or (iii) any claim related to your site, including, but not limited to, content not attributable to us.

14. Privacy

All confidential information, including, but not limited to, all commercial, technical, financial and customer information, disclosed by one party to the other during negotiations or during the effective term of this Agreement and marked “Confidential”, shall remain the sole property of the disclosing party, and each party shall keep confidential and shall not use or disclose such proprietary information of the other party without the express written consent of the disclosing party.

15. Miscellaneous

15.1. You agree to be an independent contractor, and nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Practeez. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other site or otherwise, that could reasonably contradict the provisions of this section.

15.2. Neither party may assign its rights or obligations under this Agreement to any other party, except to a party that obtains all or substantially all of the business or assets of a third party.

15.3. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles.

15.4. You may modify or waive any provision of this Agreement only in writing and with the signature of both parties.

15.5. This Agreement represents the entire agreement between us and you, and supersedes all prior agreements and communications between the parties, whether oral or written.

15.6. The headings and titles contained in this Agreement are included for convenience only and do not limit or otherwise affect the terms of this Agreement.

15.7. If any provision of this Agreement is held invalid or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary to effect the intent of the parties, and the remainder of this Agreement shall have full force and effect.

 

FTC

Practeez’s Affiliate Agreement requires you to disclose your Official Relay relationship with Practeez whenever you offer an endorsement or testimonial of Practeez’s services, including in the form of publishing online ratings or reviews comparing service providers. Under the Federal Trade Commission’s (FTC) Guides for the Use of Endorsements and Testimonials in Advertising (“Endorsement Guidelines”), updated in 2015, you are required to disclose any material links. The FTC is particularly concerned about financial incentives that might interest a consumer reading your endorsement or testimonial (including reviews and ratings).

 

See the FTC approval requirement in the affiliation contract.

 

WHAT THIS MEANS FOR YOU

 

If you provide reviews, ratings, endorsements, testimonials, blogs or any other content regarding a Practeez service for which you receive commissions, you must clearly disclose the fact that you receive such compensation in a clear and prominent location near your endorsement. This disclosure must appear on every page where your recommendation appears, and cannot require the consumer to scroll down several pages or click on secondary links hidden behind vague words such as “Disclaimer”.

 

The FTC takes the Endorsement Guidelines very seriously and continues to take enforcement action against a wide range of companies, including marketers, advertisers, Official Relayers, PR agencies, web influencers and others.

 

Practeez monitors Official Relay Sites to ensure that our services are appropriately represented and that they comply with approval guidelines. As stated in our Affiliate Agreement, failure to comply with approval guidelines may result in your removal from the Practeez Affiliate Program and the cancellation of all commissions due to you.

The FTC also offers a variety of resources to help you comply with the guidelines more easily, including:

 

A.FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising

1. The FTC’s Revised Endorsement Guides: What People are Asking
2. Dot Com Disclosures: Information About Online Advertising
3. Native Advertising: A Guide for Businesses

Tips on how to disclose that you receive affiliate commissions for sales made online.

Disclosures must meet these four basic requirements:

1. Disclosures must be “clear and conspicuous” whether they are in video, print, or audio content.
2. Language must be specific and easy to understand. This means, for example, you should identify which brands featured on your page pay you commissions, not merely that “some” do.
3. The location of the disclosure should be placed close to your endorsement or review. The font, color, and size of the disclosure should be such that it is easily noticed and read. And don’t obscure the disclosure behind a vague, non-explanatory link, such as “disclosure” or “disclaimer.”
4. The user shouldn’t need to click, hover, or scroll to locate or understand the nature of your disclosure.

 

https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf

 

Please take steps immediately to make sure that your site is in compliance with these guidelines. Affiliates still have enjoyed great success after being ftc compliant.

 

Note: These links are intended to provide guidance only. If you provide endorsements of some type, you should obtain legal advice on how the FTC rules apply to you.

 

Kind Regards,

 

Practeez