Public Ideas - Innovative Performance

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                Public-Idées Affiliate contract.

    This contract is by and between:

    - PUBLIC-IDEES SA (PLC) with capital of 191,240 Euros, Head Office listed as 18 rue Camille Desmoulins, 92300 Levallois Perret, France, registered on the Nanterre Register of Commerce and Companies under the number RCS 481 117 000, here in after PUBLIC-IDEES,

    - and the legal or natural person mentioned on the registration form associated to this contract, subject to the acceptance of this person's application by PUBLIC-IDEES, here in after the AFFILIATE.

    Whereas:

    PUBLIC-IDEES is specialised in the provision of Internet performance services. It uses software that functions in ASP mode to enable the management of a network of Websites (PUBLIC-IDEES  network) and  the promotion of various on-line or off-line services, available on www.publicidees.co.uk. PUBLIC-IDEES puts AFFILIATE members of the PUBLIC-IDEES network in touch with Clients.  The purpose of the Affiliation Programme is that a visitor to a PUBLIC-IDEES AFFILIATE Site can be directed to a Client Site which will remunerate the AFFILIATE Site for this redirection.

    Any AFFILIATE wishing to display on one or more pages of their Site on or more links to PUBLIC-IDEES Client Sites must accept all the conditions of this contract without reservation. Validation of the contract by clicking on the button "Yes, I have read and accept the terms and conditions of the Public-Idées Affiliate contract." and "Become a PUBLIC-IDEES Affiliate" constitute the AFFILIATE's electronic signature and the proof of their acceptance.

    This contract defines the terms and conditions of use of the PUBLIC-IDEES service.

    Article 1: Definitions.

    The following definitions have been agreed upon by the Parties for the needs of the contract:

    1.1 The term "Affiliate Programme" shall mean an Affiliate Programme run by a natural or legal person as a Client of PUBLIC-IDEES.

    1.2 The Term "Client" shall mean a natural or legal person concluding a contractual agreement with PUBLIC-IDEES for the promotion of Websites and Online services.

    1.3 The term "Commission" shall mean the remuneration due to the AFFILIATE for its participation in the promotion of the Websites and services owned by the Client.

    1.4 The term "Website" shall mean the totality of the web pages constituting the website of the AFFILIATE, a Client or PUBLIC-IDEES.

    Article 2: The Service

    2.1 PUBLIC-IDEES allows any Website publisher to apply to join the PUBLIC-IDEES network. Nevertheless, PUBLIC-IDEES reserves the right to refuse admission to an AFFILIATE without the requirement of justification of this refusal. The following will notably be excluded, without this list being exhaustive: Websites displaying images or text of a violent, pornographic, erotic, paedophile, religious, political or racist nature and which is likely to harm the rights of third parties. This refusal may not be subject to any form of compensation.

    2.2 This Contract shall enter into force from the moment an e-mail is sent by PUBLIC-IDEES to notify the AFFILIATE of the acceptance of its application.

    2.3 Once the AFFILIATE's application is accepted by PUBLIC-IDEES, the AFFILIATE becomes a member of the PUBLIC-IDEES AFFILIATE network belonging to PUBLIC-IDEES. The AFFILIATE may then freely decide whether to apply to join Affiliate Programmes published by Clients on the PUBLIC-IDEES platform.

    2.4 PUBLIC-IDEES reserves the right to modify, redefine or terminate its service offering. The AFFILIATE will be notified by e-mail of any changes or modifications affecting the service. In the event the AFFILIATE refuses the changes made, it must immediately cease its use of the Client's Affiliate Programme supplied by PUBLIC-IDEES.  In the absence of a reply from the AFFILIATE within 48 hours of the change, the modifications made will be considered as accepted by the AFFILIATE.

    Article 3: Obligations of the AFFILIATE

    3.1 The owner of the chosen Website declares and guarantees to PUBLIC-IDEES that it has undertaken or will undertake, at its own expense and under its sole responsibility, all administrative obligations concerning its activities (including with tax authorities) that are required due to the conclusion of this contract.

    3.2 It is elsewhere clarified that the AFFILIATE is responsible for ensuring with its Website host, at its own expense and under its sole responsibility, that it has the right to install links to merchant Sites on its pages and thereby participate in commercial activities. The AFFILIATE guarantees PUBLIC-IDEES against any recourse against the latter in this respect.

    3.3 The AFFILIATE guarantees to PUBLIC-IDEES that it holds all the rights and authorisations required to disseminate the information and services on its Website and this in such a way that PUBLIC-IDEES shall in no way be exposed to any action by any third party whatsoever in this respect. The AFFILIATE also guarantees that its Website and its content do not breach any third party rights and in particular, that it does not violate any intellectual property right, law and order or public morality regulations, and more generally that it does not present a manifestly illicit character. The Affiliate is solely responsible for updating and maintaining its Website. PUBLIC-IDEES must be kept informed of any significant modification to the AFFILIATE Website.

    3.4 If the AFFILIATE is a legal person, it must provide to PUBLIC-IDEES all information pertaining to its corporate name, head office and eventual incorporations. Additionally, the AFFILIATE must communicate its registration number supplied by the Register of Commerce and Companies where it is registered and its VAT identification number. If the AFFILIATE is a natural person, this person must be at least 18 years of age on the date of application to join the PUBLIC-IDEES AFFILIATE network.

    3.5 In order to monitor participation and calculate the exact amount of Commission, PUBLIC-IDEES shall provide link (tag) formats to use for all links created between the AFFILIATE's Website and the Client's Website. The AFFILIATE shall ensure that each link existing between its Website and the Client Website uses the correct special link formats.

    3.6 The AFFILIATE is aware that it is strictly forbidden, without prior written consent from PUBLIC-IDEES, to use artificial traffic-generating procedures such as a forced click, click simulation, clicks obtained via modified tags and in general, any action designed to artificially increase the AFFILATE's Commission. In addition, the transmission of non-solicited e-mails is strictly forbidden. In the event that PUBLIC-IDEES observes that the AFFILIATE has attempted in one way or another to commit fraud, PUBLIC-IDEES reserves the right to terminate this contract under the provisions of article 7.3 below.

    Article 4: Obligations of PUBLIC-IDEES

    4.1 Under this contract, PUBLIC-IDEES makes available to the AFFILIATE access to the Client's Affiliate Programme.

    4.2 PUBLIC-IDEES shall assume the management and measurement of transactions generated by the AFFILIATE Website for the Client Website, in accordance with this contract and the contract concluded between PUBLIC-IDEES and the Client.  

    4.3 PUBLIC-IDEES will collect and pay directly to the AFFILIATE all amounts due in application of this contract, under the conditions described below and in respect of the conditions agreed upon with the Client.

    Article 5: Intellectual Property

    5.1 PUBLIC-IDEES guarantees that it holds the valid property rights and of usage for all immaterial elements required for the operation of the services proposed to the AFFILIATE and in particular those concerning brands, authorship, software, models and other know-how, including brands and graphic elements belonging to the Client.  

    5.2 The AFFILIATE is forbidden from making commercial use of the brands and graphic elements belonging to the Client for any other purposes than that foreseen in the Affiliate Programme. The AFFILIATE must not in any event modify the graphic elements or texts made available to it. The AFFILIATE is forbidden from using such techniques that would enable it to assign to itself the functions or content of the Client's Website. Unless prior express permission is granted by the Client the AFFILIATE is formally forbidden from promoting the Client Website by mass e-mailing using graphic elements other than those provided by the Client.

    Article 6: Commission

    6.1 The applicable Commission rates for the Client's Affiliate Programme are provided on the PUBLIC-IDEES Website. These conditions may be modified under the provisions of article 2.4 of this contract. In the event VAT is applicable, the tax amount to be paid will be calculated on the commission displayed on the PUBLIC-IDEES Website and the Client's member area.

    6.2 The AFFILIATE acknowledges the reliability of the measurement tool used by PUBLIC-IDEES to calculate the pre-tax sales amount earned by the AFFILIATE. In the event of contestation of the measurement, the PUBLIC-IDEES tool will be considered as valid.

    6.3 At each end of month, PUBLIC-IDEES will settle the AFFILIATE accounts.  All the AFFILIATES having performed over 100 Euros at the end of the month will be included to a list used for the call to invoice and available after 30 days and at the end of the month. Then the AFFILIATE will have to address the corresponding invoices to PUBLIC-IDEES. When the cumulative amount of Commission due to the AFFILIATE does not reach this threshold, the amount will automatically be carried over to the following month, at the end of which the settlement procedure will take place as described above.  

    6.4 Commissions will be paid no later than 30 days after receipt of the invoice subject to PUBLIC-IDEES receiving full payment of the Commission due by the Client.

    6.5 Payment will be made to the AFFILIATE by bank transfer directly to its bank account. The AFFILIATE must therefore provide to PUBLIC-IDEES its bank account details, in particular the name of the branch where it is held and the full bank account details (RIB).  

    Article 7: Limitation of liability

    7.1 In no event shall PUBLIC-IDEES or its shareholders, directors, management, employees, agents, authors or subcontractors be held liable towards the AFFILIATE or to third parties for any damages of any kind including without limitation any direct, incidental, special, punitive or exemplary claims, including without limitation, any loss of earnings or other financial losses (resulting from contractual breach, misdemeanour, or negligence), related to this contract or to one of the Affiliate Programmes whether PUBLIC-IDEES was advised of the possibility of such damages or not.

    7.2 The AFFILIATE expressly renounces all guarantees, whether express or legal, including without limitation all legal guarantees concerning hidden faults, dispossession, saleability or adequacy to a particular usage, in relation to this contract of an Affiliate Programme.

    7.3 In the event the Client does not respect the conditions and obligations defined in the Affiliate Programme, PUBLIC-IDEES may in no way be held liable by the AFFILIATE.

    Article 8: Duration and termination.

    8.1 This contract is concluded non-exclusively between PUBLIC-IDEES and the AFFILIATE for an indeterminate period of time.

    8.2. Each of the parties may terminate the contract at its own initiative and at any moment, respecting a notice period of 48 hours for termination notice provided by e-mail. In the event of termination, the AFFILIATE must immediately cease and desist from using the services covered by this contract, including the hypertext links and other elements belonging to the Client and made available to the AFFILIATE in the context of the Affiliate Programme. In all cases of termination not involving default by the AFFILIATE no compensation may be sought nor is any payable by any party. Only sums due on the date of termination earned under the Affiliate Programme and as applicable under this contract will be paid to the AFFILIATE.

    8.3 In the event that termination requested by PUBLIC-IDEES be motivated by default on the part of the AFFILIATE as defined in article 3 above, termination will be effective immediately from the time the AFFILIATE is informed and the any sums earned during the period between the last payment made and the observation of the default will not be paid to the AFFILIATE. No compensation may be sought nor is payable by any party.

    8.4. In all cases of termination of the contract on the initiative of PUBLIC-IDEES, PUBLIC-IDEES will inform the AFFILIATE through its Website or by e-mail. The AFFILIATE shall cease its use of the services provided by PUBLIC-IDEES and in particular those concerning the Client Affiliate Programme.  In the event that the AFFILIATE does not cease its use of the services provided in the context of the Affiliate Programme, PUBLIC-IDEES reserves the right to initiate legal proceedings and to claim compensation for the prejudice caused.

    8.5 PUBLIC-IDEES may modify this contract at any moment in part or in totality. In such an event, the AFFILIATE shall be informed by e-mail and may make known its acceptance or refusal of the modification to PUBLIC-IDEES by any means at its disposal and within 8 days. By default, the AFFILIATE will be considered as accepting the new conditions of the modified contract. In the event it refuses the modifications, the contract will be terminated without right or indemnity, only the sums due on the day of termination under the Affiliate Programme and this contract will be paid to the AFFILIATE.

    8.6 Therefore the AFFILIATE may in no event transfer its rights and obligations to a third party except with prior written permission from PUBLIC-IDEES.

    8.7 In the event that one or more clauses of the Contract be considered invalid by a governing jurisdiction the other clauses and conditions shall retain their range and effect.

    Article 9: Applicable law and assignment of jurisdiction  

    9.1 This Contract is governed by French law.

    9.2 In the event of dispute arising concerning this contract, the parties agree to make all attempts to find a amicable solution. If they do not reach a amicable solution, the dispute will be submitted to the Paris Tribunal of Commerce.
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