The Digital Freedom Creatrix Affiliate Program Agreement

By signing up to be an affiliate in "Digital Freedom Creatrix" Affiliate Program (hereinafter referred to as the "Affiliate Program"), you agree to be bound by the following terms and conditions of this Agreement.

Please carefully read these terms before signing up.

These Terms constitute a legal agreement between Micro-entreprise: Cathy Nguyen "Digital Freedom Creatrix," the address of which is 78 rue de Pont-à-mousson 57950 Montigny-lès-metz, France (hereinafter referred to as "Cathy Nguyen, Digital Freedom Creatrix," "We," "Us") and You (the "Affiliate," "You").

The terms of this Agreement will begin upon completing your registration with Digital Freedom Creatrix and will end when terminated by either party. Either You or We may terminate the Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your address on our records, is considered sufficient notice to terminate this Agreement.

Definitions

"Digital Freedom Creatrix" refers to a company owned, operated, or controlled by Micro-entreprise: Cathy Nguyen.

"Affiliate Program" refers to our marketing affiliate program as described in this Agreement.

"Agreement" refers to this marketing Affiliate Program Agreement and all materials referenced, linked, or attached therein.

"Commission" refers to the amount described in the Affiliate Tool for each Customer Transaction.

"Customer Transactions" refer to those transactions by Leads that are eligible for Commission pursuant to the 'Customer Transactions' section of this Agreement. These may include customer purchases or customer signups, as further described in the Affiliate Tool.

"Lead" refers to a customer prospect who clicks on the Affiliate Link that We have made available to You via the Affiliate Tool.

"Affiliate Tool" refers to the tool that We make available to You upon your acceptance into the Affiliate Program and for You to use in order to participate in the Affiliate Program.

"Affiliate Link" refers to the unique tracking link You place on your site or promote through other channels.

"We," "Us," "Our," "Digital Freedom Creatrix" refers to Micro-entreprise: Cathy Nguyen.

"You" and "Affiliate" refer to the party, other than Us, entering into this Agreement and participating in the Affiliate Program.

Nature of the relationship

You and We are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will not make any statement, whether on your site or otherwise, that reasonably contradicts anything in this Agreement.

Age Limit and acceptance into the program

To be accepted into Our Affiliate Program, You must (i) be over 18 years old and (ii) agree to the terms and conditions of this agreement.

By signing up to "Digital Freedom Creatrix" Affiliate Tool either as a user, client, or Affiliate, You acknowledge being over 18 years old and agree that the terms and conditions of this Agreement shall apply to You in full force and effect, until terminated.

Once You have signed up for the Affiliate Program, You will be provided with a URL link that must be used to identify You when placing a link from your site, email, or other communications to Digital Freedom Creatrix website. It is your responsibility to ensure each of these links is correctly formatted.

Non-exclusivity clause

This Agreement does not create an exclusive relationship between You and Us. Both You and We will have the right to recommend similar products and services of third parties and to work with other parties.

Customer Transactions

Affiliate Program Limits: Each accepted Lead will expire within one year from the date the Lead clicked on the Affiliate Link that was made available by You. A Lead can also expire if they click on an Affiliate Link provided by another Affiliate other than You, known as operating "on the last referrer" or "on the last cookie." We will pay You a 50% Commission for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Link made available by You, provided that You remain eligible to receive Commission according to the terms of this Agreement. The start of the Customer’s subscription is determined by the date of the first purchase or sign-up by the Customer, and You will receive a Commission payment for that monthly/annual Customer Transaction and for any additional purchases made by that customer during their Subscription Service unless the Lead clicks on another Affiliate Link after they make the purchase.

Eligibility: To be eligible for Commission: (i) a Lead must be accepted and valid; (ii) a Customer Transaction must have occurred; (iii) a Customer must remain a customer for a 30-day period; and (iv) the Customer Transaction must not have been completed by You or any party affiliated with You, such as your employee, spouse, or family member. You are not eligible to receive Commissions or any other compensation from Us if: (i) such compensation is disallowed or limited by any laws or regulations in Ireland or the laws or regulations of your jurisdiction; (ii) the applicable Customer objects to or prohibits such compensation or demands a refund within 30 days of the purchase date; and (iii) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, misuse of the Affiliate Tool, or in violation of this Agreement, or by any other means that We deem damaging to the Affiliate Program. We may discontinue Commission payments should any one of these eligibility criteria fail to be met at any time.

Acceptance and Validity: You will only be eligible for a Commission payment for any Customer Transactions that are derived from Affiliate Leads generated by the Affiliate Link that We make available to You and are accepted by "The Holistic Creators". An Affiliate Lead will be considered valid and accepted if, in Our reasonable determination, they are (i) a real person and (ii) a new potential customer of Ours. Regardless of the foregoing, We reserve the right to decline an Affiliate Lead at our sole discretion. If a Lead does not make any Customer Transactions within a time period of one year from their first click on the Affiliate Link, You will not be eligible for a Commission payment, even if the Lead decides to purchase after the time period has expired. If a person clicks on the Affiliate Link for the first time after this Agreement has ended or comes to an end, they are not a valid Affiliate Lead.

Engagement with Prospects: Once We have received the Lead information, We may choose to engage with the prospect directly, regardless of whether or not the Lead is valid. If a Lead is not valid, then We may choose to maintain it in Our database and We may choose to engage with such Lead. Any engagement between Us and a Lead will be at The Holistic Creators' own discretion.

Commission and Payment: In order to receive payment under this Agreement, You must have: (i) agreed to the terms of this Agreement; (ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with Our directions; and (iii) have a valid and up-to-date payment method in the Affiliate Tool with such an account.

Requirements for Payment; Forfeiture: We will have no obligation to pay You the Commission associated with a Forfeited Transaction. Once You comply with all of the requirements in this section, You will be eligible to receive Commission on Customer Transactions, as long as these Customer Transactions do not involve the same Customer associated with a Forfeited Transaction.

Commission Payment: We will determine the currency in which We pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment or another similar referral fee on any given Customer Transaction unless We choose to do so at Our own discretion.

Taxes: You are responsible for the payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by Us to You are subject to offset by Us against any amounts owed by You to Us.

Commission Amounts: We reserve the right to alter or change the Commission amount as per the Affiliate Tool.

Brand Promotion

You have the right to use the resources and trademark images that we provide to you as an affiliate of "Digital Freedom Creatrix," operated by Micro-entreprise: Cathy Nguyen, while adhering to the following guidelines:

1-You are not allowed to modify the provided resources in any way.

2-You may only use our trademarks in relation to the affiliate program. The use of competitor trademarks in your promotion of "Digital Freedom Creatrix" is strictly prohibited.

3-It is prohibited to use our trademark in a misleading manner or to imply endorsement, sponsorship, or approval of your services or products without our prior consent.

4-You must not use our trademark in violation of applicable laws or in connection with any obscene, indecent, or unlawful content.

5-You are solely responsible for ensuring that your reviews, product descriptions, and articles comply with all relevant copyright and trademark regulations and other applicable laws. "Digital Freedom Creatrix" will not be held responsible if you utilize copyrighted or trademarked materials from other parties in violation of the law.

6-If we request that you cease using our resources or trademarks, you must promptly comply with our request.

Legal Stipulations

You are required to adhere to all applicable foreign and domestic laws, including French law, which encompasses export laws and regulations concerning unsolicited emails. This obligation extends to any third parties engaged in sales or referral activities on your behalf. You agree not to partake in any deceptive, misleading, illegal, or unethical marketing activities that may harm "Digital Freedom Creatrix," our customers, or the general public. It should be noted that the "Digital Freedom Creatrix" Affiliate Program may be influenced by both the export laws and regulations of the United States and any other relevant export laws and regulations in the region.

Please note that while the meaning of the text remains the same, some slight rephrasing and adjustments were made to accommodate the requested changes.

Indemnification

You are obligated to indemnify, defend, and hold "Digital Freedom Creatrix," operated by Micro-entreprise: Cathy Nguyen, harmless at your own expense, against any claims, suits, actions, or proceedings brought by a third party arising from your failure to comply with or breach of this agreement or your improper use of any trademarks.

We will: (i) notify you in writing within thirty (30) days upon becoming aware of any such claim, (ii) grant you sole control over the defense or settlement of such claim, and (iii) provide you with any reasonable information and assistance requested by you to handle the defense or settlement of the claim.

You must not accept any settlement that imposes obligations on "Digital Freedom Creatrix" or requires us to make admissions or subject us to restrictions without our prior written consent.

Governing Law and Jurisdiction

This legal notice shall be governed by and interpreted in accordance with French law. Any disputes arising in connection with this legal notice shall be exclusively subject to the jurisdiction of the French courts.

While the meaning of the text remains the same, some rephrasing and adjustments were made to reflect the requested changes.