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Merchant Terms of Service

Preamble

These Merchant Terms of Service ("ToS") govern the relationship between:

FLIZ, a French société par actions simplifiée with share capital of €1,000, whose registered office is located at 18 Rue Masséna, Bureau 3, 06000 Nice, France, registered with the Trade and Companies Register of Nice under number 977 626 118, EU VAT number FR43977626118, represented by its President Jean-Baptiste Malatrasi, publisher of the online service Affilane (hereinafter "Fliz" or the "Provider"),

And

Any company, individual enterprise, self-employed professional, or business professional subscribing to the Affilane service in the course of their professional activity (hereinafter the "Client" or the "Merchant").

Fliz and the Client are hereinafter individually referred to as a "Party" and collectively as the "Parties".

These ToS constitute the essential contractual basis between Fliz and the Client. Their prior and unreserved acceptance is mandatory for the use of the Service.

Article 1 — Definitions

The following terms shall have the meaning assigned to them in these ToS:

  • "Service" or "Affilane": the SaaS platform published by Fliz allowing the Client to create, manage, and track their own affiliate marketing program.
  • "Client" or "Merchant": the legal entity or professional individual subscribing to the Service.
  • "Affiliate": any individual or legal entity enrolled in the Client's affiliate program via the Service, promoting the Client's offers in exchange for a commission.
  • "Account": the Client's personal and secure area on the Service.
  • "Tag" or "Tracking Script": the technical code (JavaScript, pixel, server-side endpoint) provided by Fliz to the Client for conversion tracking.
  • "Data": all information collected, processed, or stored via the Service.
  • "Subscription": the pricing plan subscribed to by the Client granting the right to use the Service.
  • "DPA": the Data Processing Agreement annexed hereto, governing the personal data processing carried out by Fliz on behalf of the Client.

Article 2 — Purpose

The purpose of these ToS is to define the conditions under which Fliz makes the Affilane Service available to the Client, notably allowing:

  • creation and configuration of affiliate programs
  • recruitment and management of Affiliates
  • technical tracking of clicks, conversions, and commissions
  • calculation and payment of commissions to Affiliates via the Stripe Connect integration
  • generation of performance reports and analytics
  • related features (integrations, exports, API)

Fliz acts as a SaaS technical provider. Fliz is not a party to the affiliation contracts concluded between the Client and their Affiliates, nor to the underlying commercial transactions.

Article 3 — Acceptance and Enforceability of the ToS

3.1 Acceptance

Access to and use of the Service is subject to the Client's prior, express, and unreserved acceptance of these ToS. This acceptance occurs upon Account creation by ticking a dedicated non-pre-ticked checkbox accompanied by the statement: "I have read and unreservedly accept the Terms of Service."

The Client acknowledges having received these ToS in advance on a durable medium, in accordance with Articles L.441-1 of the French Commercial Code and 14 of Regulation (EU) 2022/2065 (DSA). They acknowledge having had the time necessary to review them.

3.2 Clickwrap and Proof

Acceptance is timestamped and logged. Fliz retains electronic proof of acceptance throughout the duration of the contract and five (5) years thereafter, for evidentiary purposes (Article 1366 of the French Civil Code).

3.3 Capacity

The Client warrants that they act within the scope of their professional activity, have legal capacity, and hold all powers necessary to contract.

3.4 Enforceability

These ToS are permanently accessible at affilane.com/legal/terms and available in printable format. They prevail over any purchasing terms of the Client, unless expressly accepted in writing by Fliz.

Article 4 — Compliance With European Regulatory Framework

Fliz undertakes to operate the Service in compliance with the applicable European regulatory framework for intermediation platforms, including:

  • Regulation (EU) 2019/1150 of June 20, 2019 ("Platform to Business" or "P2B" Regulation), even in case of SME exemption under Recommendation 2003/361/EC;
  • Regulation (EU) 2022/2065 of October 19, 2022 (Digital Services Act or "DSA");
  • Regulation (EU) 2016/679 of April 27, 2016 (GDPR);
  • French Law No. 78-17 of January 6, 1978 as amended (Data Protection Act);
  • French Commercial Code, in particular Articles L.441-1 to L.442-10;
  • French Law No. 2023-451 of June 9, 2023 as amended governing commercial influence, as consolidated by Ordinance 2024-978 of November 6, 2024 and Decree 2025-1137 of November 28, 2025.

This enhanced compliance approach constitutes an essential component of the Service's value offered to the Client.

Article 5 — Access Conditions to the Service

5.1 Account Creation

The Client creates their Account by providing accurate, complete, and up-to-date information: company name, registration number, address, contact details, name and email of the legal representative, EU VAT number where applicable.

5.2 Verification

Fliz reserves the right to verify the information provided and to request supporting documents (business registration extract, representative's ID, tax compliance certificate), in particular within the framework of AML-CFT obligations borne by the payment service provider Stripe.

5.3 Credentials

The Client is solely responsible for the confidentiality of their credentials. Any action performed from their Account is presumed to have been performed by them. They undertake to immediately report any unauthorized use to Fliz (hello@affilane.com).

5.4 Refusal of Creation

Fliz reserves the right to refuse the creation of an Account, notably in case of manifestly incorrect information, non-compliance with these ToS, prohibited activity, or inclusion of the Client in international sanctions lists (EU Regulations 269/2014 and 833/2014).

Article 6 — Functional Description of the Service

6.1 Included Features

The Service's features vary based on the subscribed plan. They are detailed on affilane.com/pricing and in the documentation accessible from the Account.

6.2 Service Evolution

Fliz may evolve the Service (new features, fixes, improvements). Modifications not resulting in a substantial restriction of subscribed features do not constitute a modification of the ToS.

6.3 Stripe Connect Integration

The payment of commissions to Affiliates is carried out via Stripe Connect Express, using a "Separate Charges and Transfers" architecture. Fliz never receives the funds intended for Affiliates. The Client is considered the "purchaser" of the promotional services rendered by their Affiliates; Fliz acts as a technical provider within the meaning of Article 3, j) of PSD2 (Directive 2015/2366) and 7° of III of Article L.314-1 of the French Monetary and Financial Code.

The Client expressly accepts the Stripe Services Agreement (https://stripe.com/legal/connect-account) as a component of their relationship with Stripe Payments Europe Ltd. Technical execution of flows is handled by Stripe; Fliz cannot be held liable for any malfunction attributable to Stripe.

6.4 Maintenance

Scheduled maintenance operations will be communicated to the Client with reasonable prior notice. Emergency maintenance may occur without notice when required to preserve the security or integrity of the Service.

Article 7 — Client Obligations

7.1 General Obligations

The Client undertakes to:

  • use the Service in accordance with its professional purpose
  • comply with legislation applicable to their activity (in particular Consumer Code, advertising law, GDPR)
  • provide accurate information and keep it up to date
  • not use the Service to promote illegal goods or services
  • not infringe on third-party rights (intellectual property, personality rights, personal data)
  • not circumvent technical security measures

The Client, as publisher of their website, is responsible for obtaining prior consent from visitors for the placement of the Fliz Tag on their site, in accordance with Article 82 of the French Data Protection Act, Article 5.3 of Directive 2002/58/EC ("ePrivacy"), and the French CNIL recommendations of September 17, 2020.

The Parties expressly acknowledge their joint controllership within the meaning of Article 26 of the GDPR for the stage of data collection and transmission via the Tag, pursuant to the CJEU ruling of July 29, 2019, Fashion ID, case C-40/17. A joint controller arrangement is annexed (Annex 2) designating the Client as the contact point for data subjects.

The Client warrants the implementation of a CMP (Consent Management Platform) compliant with the CNIL recommendation of September 17, 2020, including:

  • a "Refuse all" button as visible and accessible as the "Accept all" button;
  • absence of pre-ticked boxes;
  • complete information mentioning Fliz as recipient;
  • absence of dark patterns within the meaning of Article 25 DSA;
  • timestamped logging of consents retained for 5 years.

Fliz may audit compliance with 15 business days' notice. Any persistent breach after 30-day formal notice authorizes suspension or termination of the Service at the Client's fault, without prejudice to damages due.

7.3 French Influencer Law No. 2023-451

Where the Client's Affiliates act as commercial influencers within the meaning of Law No. 2023-451 as amended, the Client is responsible for:

  • the conclusion of a written contract with each Affiliate when the cumulative annual consideration reaches €1,000 excluding tax (Decree No. 2025-1137 of November 28, 2025, applicable January 1, 2026), under penalty of nullity;
  • the content of mandatory minimum clauses (Art. 8 I);
  • compliance with sectoral prohibitions (Art. 4);
  • compliance with the advertising transparency obligation (mention of "Advertising" or "Commercial collaboration," Art. 5);
  • in case of an Affiliate established outside the EU/EEA/Switzerland targeting a French audience: designation of an EU representative and subscription of professional liability insurance (Art. 9).

Fliz provides a compliant framework contract template, but the adoption, adaptation, and enforceability of this contract are the Client's sole responsibility. The Parties acknowledge their joint liability under Article 8, III of Law 2023-451 vis-à-vis third parties, without prejudice to contributory recourse between the Parties.

7.4 Prohibited Affiliate Behavior

The Client undertakes to impose on their Affiliates a code of conduct prohibiting: cookie stuffing, typosquatting, unauthorized brand bidding, ad hijacking, undisclosed incentivized traffic, spam within the meaning of Article L.34-5 of the French Postal and Electronic Communications Code, fake reviews, unauthorized use of trademarks, artificial traffic (bots, fake leads). A template is available in the Service (Code of Conduct).

7.5 Subscription Payment

The Client undertakes to pay the Subscription price under the conditions set forth in Article 9.

7.6 Warranty and Indemnification

The Client shall indemnify and hold Fliz harmless from any claim, action, conviction, cost, sanction, or damage resulting from (i) a breach by the Client of these ToS, (ii) a violation of law attributable to the Client, (iii) an infringement of third-party rights caused by the Client's or their Affiliates' activity, (iv) a failure to collect cookie consent on the Client's site.

7.7 Embedded Affiliate Registration Form

Fliz makes available to the Client an embeddable Affiliate registration form integrable on the Client's website, according to three technical modalities at the Client's choice (basic iframe, themed iframe, or JavaScript script), allowing affiliate candidates to register directly without leaving the Client's domain.

Client's obligations related to the embed:

(i) Privacy policy: display their own privacy policy on the page hosting the form, in accordance with Articles 13 and 14 of the GDPR;

(ii) Processing transparency: mention Fliz as processor (for tracking and storing applications) and as autonomous controller (for managing the Affiliate account on the Platform), in accordance with the DPA in Annex 1;

(iii) No pre-ticked boxes: the Affilane Terms of Use acceptance checkbox displayed in the embedded form is not pre-ticked in accordance with Article 7 of the GDPR; the Client cannot disable it;

(iv) Cookies and CMP: if the embed integration requires the placement of non-strictly-necessary cookies on the Client's domain, they must be subject to prior consent via the Client's CMP in accordance with Article 82 of the French Data Protection Act;

(v) Authorized domains: the Client declares on the Platform the domains on which they integrate the embedded form (CORS whitelist) and undertakes to keep this list up to date;

(vi) DSA Art. 25 Compliance: the Client warrants not to use deceptive interfaces (dark patterns) around the embedded form, including no misleading incentive to register.

Fliz reserves the right to suspend the embed on a domain not complying with these conditions, after formal notice remaining without effect for 15 days, without prejudice to the general termination provisions.

Article 8 — Fliz Obligations

8.1 Service Provision

Fliz provides the Service with all professional care expected from a specialized SaaS publisher, under a reinforced obligation of means.

8.2 Availability

Fliz undertakes to achieve an average monthly availability rate of 99.5% excluding scheduled maintenance, force majeure, and incidents attributable to third parties beyond Fliz's reasonable control.

In case of unavailability exceeding this threshold, the Client may request a fixed credit corresponding to:

  • 5% of monthly subscription for availability between 99% and 99.5%
  • 10% between 95% and 99%
  • 25% below 95%

These credits constitute the sole contractual remedy in case of unavailability and are exclusive of any other claim on this basis.

8.3 Support

Fliz provides customer support accessible via hello@affilane.com. Target response times vary by plan and are detailed in the documentation.

8.4 Security

Fliz implements technical and organizational security measures in line with the state of the art and Article 32 of the GDPR: TLS 1.2 minimum encryption in transit and AES-256 at rest, multi-factor authentication, logging, encrypted daily backups, environment separation, periodic security testing.

8.5 Incident Notification

In case of a security incident affecting Client data, Fliz informs the Client without undue delay and within a maximum of 48 hours after becoming aware, in accordance with the stipulations of the DPA (Annex 1).

8.6 Continuity and Reversibility

In case of termination for any reason, Fliz makes the Client's data available in a structured, commonly used, and machine-readable format (CSV, JSON) for a minimum of 30 days from the end of the contract, in accordance with Article 9 of the P2B Regulation.

Article 9 — Prices and Payment Terms

9.1 Price

The Subscription price is the one in force on the day of subscription, as indicated on affilane.com/pricing. Prices are expressed in euros excluding tax. Applicable VAT is added to the invoice.

9.2 B2B EU Clients

For professional clients established in another EU Member State and holding a valid EU VAT number (verified via VIES), reverse charge applies (Article 196 of Directive 2006/112/EC, Article 283-2 of the French General Tax Code). The mention "Reverse charge – Art. 196 dir. 2006/112/EC" appears on the invoice.

9.3 Non-EU Clients

For clients established outside the European Union, services are not subject to French VAT (Article 259-1 of the French General Tax Code). The mention "VAT not applicable – Art. 259-1 CGI" appears on the invoice.

9.4 Payment Methods

Payment is made by credit card or SEPA direct debit via Stripe, at subscription and then at each renewal. The Client authorizes Fliz to charge the amount due to the registered payment method.

9.5 Late Payment

In accordance with Article L.441-10 of the French Commercial Code, any late payment automatically entails, without the need for formal notice:

  • late payment penalties at the ECB's most recent refinancing rate plus 10 percentage points;
  • a fixed indemnity of €40 for recovery costs (Article D.441-5 of the French Commercial Code), without prejudice to additional compensation on supporting documents;
  • suspension of the Service after formal notice remaining without effect for 15 days.

9.6 Invoicing

Invoices issued by Fliz include the mandatory information of Article L.441-9 of the French Commercial Code, in particular the Client's registration number since July 1, 2024.

9.7 Price Revision

Prices may be revised annually on the contract anniversary date, within the limit of the positive variation of the SYNTEC index or, failing that, the INSEE price index for IT services production. Any evolution exceeding the index is subject to the modification procedure of Article 16.

Article 10 — Intellectual Property

10.1 Fliz Property

Fliz retains exclusive and entire ownership of the Service, its source code, its databases, its trademarks (including "Affilane"), logos, design, know-how, and documentation. The Client receives no assignment of these rights.

10.2 License to Use

Fliz grants the Client, for the duration of the Subscription, a personal, non-exclusive, non-transferable, and non-assignable right to use the Service, strictly for internal professional purposes in the context of operating their affiliate program.

10.3 Client Data

The Client retains full ownership of their data. Fliz acquires no rights over this data beyond those strictly necessary for the performance of these ToS.

10.4 Feedback

Any feedback, suggestion, or improvement idea transmitted by the Client ("Feedback") may be used by Fliz without consideration or limitation, excluding the Client's confidential data. This provision, derogating from Article L.131-3 of the French Intellectual Property Code, is accompanied by the Client's express consent.

10.5 Infringement by Affiliates

Fliz is not liable for acts of infringement that may be committed by the Client's Affiliates in the exercise of their promotional activities (unauthorized brand bidding, unauthorized trademark use, typosquatting). It is the Client's responsibility to frame these behaviors via the Code of Conduct.

Article 11 — Personal Data

11.1 Qualifications

Processing carried out in the context of the Service involves several GDPR qualifications:

  • For processing relating to the Client's account (billing, support, marketing): Fliz is the data controller. The Privacy Policy published at affilane.com/legal/privacy describes the terms.

  • For processing of Affiliate and visitor data carried out on behalf of the Client: Fliz is a processor to the Client within the meaning of Article 28 GDPR. These processings are governed by the DPA in Annex 1.

  • For the collection and transmission of data via the Tag placed on the Client's site: the Parties are joint controllers within the meaning of Article 26 GDPR. The joint controller arrangement is in Annex 2.

11.2 DPA Acceptance

Acceptance of these ToS constitutes acceptance of the DPA in Annex 1, which forms an integral part thereof.

11.3 Sub-processors

The list of Fliz's sub-processors is published and kept up to date at affilane.com/legal/subprocessors. Any substantial modification is subject to 30 days' notice opening a right of motivated objection (see DPA Article 3.4).

Article 12 — Confidentiality

Each Party undertakes to preserve the confidentiality of the other Party's confidential information (including: know-how, client data, commercial strategy, technical information) and to use it only for the performance of these ToS. This obligation continues for five (5) years after the end of the contract, except for information falling under trade secrets (L.151-1 of the French Commercial Code) for which it is of indefinite duration.

Excluded is information (i) public without fault, (ii) already known to the receiving Party, (iii) disclosed by a third party without breach of confidentiality obligation, (iv) developed independently, (v) whose disclosure is required by law or a competent authority.

Article 13 — Liability

13.1 Compensable Damages

Each Party is liable, under ordinary law, for direct, personal, and certain damages caused to the other Party in the context of these ToS.

13.2 Exclusions

Expressly excluded from any compensation are:

  • indirect, consequential, or intangible damages;
  • loss of profit, loss of chance, loss of image;
  • loss of turnover or clientele;
  • loss or corruption of data not attributable to Fliz;
  • prejudice resulting from third-party actions or the Client's Affiliates.

13.3 Global Cap

Except for gross negligence, willful misconduct, bodily injury, or invasion of privacy, Fliz's liability, all causes combined and for the entire contract, is capped at the greater of the following two amounts:

  • sums actually paid by the Client to Fliz for the Subscription during the twelve (12) months preceding the triggering event;
  • a fixed cap of five thousand (5,000) euros.

13.4 Parties' Acknowledgment

The Parties, both experienced merchants, acknowledge that this risk allocation reflects a negotiated balance taking into account the Service's price and standardized nature. It does not deprive Fliz's essential obligation of its substance within the meaning of Article 1170 of the French Civil Code, in accordance with case law Cass. com. June 29, 2010 No. 09-11.841 (Faurecia II). The Client expressly waives any claim based on significant imbalance in this regard.

13.5 Force Majeure

No Party shall be held liable for a failure resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code. Notably assimilated to force majeure are: major malfunctions of cloud infrastructure providers (Vercel, AWS, Supabase), massive cyberattacks rendering the Service unavailable despite implemented security measures, decisions of authorities with suspensive effect.

13.6 Time Limits for Action

Any liability action must be brought within a period of one (1) year from the occurrence of the triggering event, under penalty of foreclosure, without prejudice to ordinary law limitation periods.

Article 14 — Duration and Renewal

14.1 Initial Duration

The contract is concluded for an initial duration corresponding to the subscribed Subscription period (monthly or annual).

14.2 Tacit Renewal

At the end of the initial duration, the contract renews tacitly for successive periods of the same duration, unless terminated by one of the Parties under the conditions of Article 15.

14.3 Prior Information

In accordance with the spirit of Article L.215-1 of the French Consumer Code and as a contractual precaution, Fliz informs the Client by email, between three (3) months and one (1) month before the end of the current period, of the possibility not to renew the contract.

Article 15 — Modification, Suspension, and Termination

15.1 ToS Modification (P2B Compliance, Art. 3.2)

Any substantial modification of these ToS is notified to the Client on a durable medium with a minimum notice of fifteen (15) days before entry into force. This period is extended to a longer duration when the implementation of the modification requires significant technical adaptations by the Client.

During this notice period, the Client may terminate without penalty or indemnity. Continued use of the Service after entry into force constitutes acceptance of the new conditions.

No retroactive modification is permitted. Exceptions to the 15-day notice: compliance with a mandatory legal or regulatory obligation, or neutralization of imminent cyber danger.

15.2 Restriction or Suspension (P2B Art. 4.1)

Fliz may restrict or suspend the Service for the following exhaustively enumerated reasons:

  • payment default remaining without effect 15 days after formal notice;
  • serious or repeated violation of these ToS or the DPA;
  • founded suspicion of fraud, manipulation, or threat to Service security;
  • manifestly illegal content brought to Fliz's attention (Art. 16 DSA);
  • injunction from a competent administrative or judicial authority;
  • inclusion of the Client in international sanctions lists.

The restriction or suspension decision is accompanied by a statement of reasons notified on a durable medium, before or at the time of effect, except when necessary to preserve the immediate security of the Service or third parties, in which case the motivation is provided as soon as possible.

15.3 Termination by Fliz (P2B Art. 4.2, DSA Art. 17)

Fliz may terminate the contract by notifying the Client on a durable medium with a statement of reasons at least thirty (30) days before effect, except:

  • mandatory legal or regulatory obligation requiring immediate termination;
  • repeated violations duly established after formal notice.

The decision specifies its nature, scope, duration, facts and circumstances considered, contractual or legal basis, origin (notification or ex officio inquiry), the presence or absence of automated means in the decision, and redress mechanisms (internal complaint review mechanism, mediation, competent jurisdiction).

15.4 Termination by the Client

The Client may terminate at any time via their Account for the following period. Termination takes effect at the end of the current paid period, without pro rata refund unless otherwise stated in the subscribed plan.

15.5 Termination by Law

The contract is terminated by law, 30 days after formal notice remaining without effect notified on a durable medium, in case of serious unremedied breach, without prejudice to damages.

Also considered grounds for immediate termination: cessation of payments, insolvency proceedings, substantial asset transfer, or any event making the continuation of the contract materially impossible.

15.6 Effects of Termination

From termination:

  • access to the Service is closed at the end of the current period;
  • sums due remain payable;
  • the Client's data is made available in exportable format for 30 days and then deleted, subject to legal retention obligations (see DPA);
  • obligations permanent by nature (confidentiality, intellectual property, prior liability, data protection) survive.

15.7 Sudden Termination (L.442-1 II C. com.)

In case of an established commercial relationship within the meaning of Article L.442-1 II of the French Commercial Code, the Parties agree that the notices provided in Articles 15.3 and 15.5 are sufficient insofar as they are not derisory given the duration of the relationship. Without prejudice, additional notice may be determined in consideration of actual seniority, within a reasonable limit allowing the Client to reorganize.

Article 16 — Internal Complaint System and Mediation (P2B Art. 11-12)

16.1 Internal Complaint System

Fliz makes available to the Client an internal complaint handling system accessible at hello@affilane.com (subject: "[Complaint]"). Each complaint is examined by an employee distinct from the author of the contested decision. A reasoned response is provided within a maximum of six (6) weeks.

Eligible complaint categories include: alleged Fliz breach of P2B or DSA obligations, technical difficulties, differences in treatment, use or access to data, contested restrictions or suspensions.

16.2 Mediation

In case of dispute not resolved by the internal system, the Client may refer for mediation to:

Mediation is optional and does not deprive the Parties of the right to refer to the competent jurisdiction.

16.3 SME Exemption

Fliz voluntarily applies P2B mediation obligations, although it may qualify as an SME within the meaning of Recommendation 2003/361/EC and thus be exempt. This application reflects Fliz's service quality commitment.

Article 17 — DSA Contact Point (Art. 11-12)

The Digital Services Coordinator in France is ARCOM: Tour Mirabeau, 39-43 quai André Citroën, 75739 Paris Cedex 15, France.

Article 18 — Non-Assignment

The Client may not assign, in whole or in part, these ToS or the rights and obligations arising therefrom, without Fliz's prior written consent. Fliz may assign the contract in the context of a restructuring, merger, contribution, or business transfer operation, subject to informing the Client.

Article 19 — Non-Waiver

The fact that one Party does not avail itself of a breach by the other Party of any of its obligations shall not be interpreted as a waiver of the right to avail itself thereof.

Article 20 — Partial Nullity

If any provision of these ToS is declared null or inapplicable by a competent jurisdiction, the other provisions shall remain fully applicable. The Parties shall endeavor to replace the invalid provision with a valid provision producing similar economic and legal effects.

Article 21 — Entire Agreement

These ToS, their Annexes, and the subscribed Subscription plan constitute the entire agreement between the Parties relating to the Service. They replace any prior agreement, written or verbal. Any modification or supplement must be the subject of a written amendment.

Article 22 — Governing Law and Competent Jurisdiction

22.1 Governing Law

These ToS are governed by French law, excluding conflict of laws rules. The provisions of Articles L.441-1 to L.442-10 of the French Commercial Code constitute overriding mandatory provisions applying notwithstanding any clause to the contrary, in accordance with case law Cass. com. July 8, 2020 (Expedia).

22.2 Competent Jurisdiction

<u>JURISDICTION CLAUSE</u>

ANY DISPUTE RELATING TO THE FORMATION, PERFORMANCE, INTERPRETATION, OR RESOLUTION OF THESE TOS SHALL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS (TRIBUNAL DE COMMERCE DE PARIS), INCLUDING FOR SUMMARY PROCEEDINGS, PLURALITY OF DEFENDANTS, OR THIRD-PARTY GUARANTEE CALLS, NOTWITHSTANDING ANY CONTRARY CLAUSE.

This clause, expressly accepted by the Client, is enforceable between merchants (Article 48 of the French Code of Civil Procedure).

Annexes

The following Annexes form an integral part of these ToS:

  • Annex 1 — Data Processing Agreement (DPA) under Article 28 GDPR
  • Annex 2 — Joint Controller Arrangement (Article 26 GDPR, Fashion ID)
  • Annex 3 — List of sub-processors (published at affilane.com/legal/subprocessors)
  • Annex 4 — Technical and organizational security measures

Terms of Service established in compliance with:

  • French Civil Code, Commercial Code (L.441-1 to L.442-10)
  • French Consumer Code where applicable to individual Affiliates (L.221-3)
  • French Monetary and Financial Code (Art. L.314-1 III 7°)
  • Regulation (EU) 2019/1150 (P2B), applied even in case of SME exemption
  • Regulation (EU) 2022/2065 (DSA)
  • Regulation (EU) 2016/679 (GDPR)
  • French Law No. 78-17 of January 6, 1978 as amended (Data Protection Act)
  • French Law No. 2023-451 of June 9, 2023 as amended (commercial influencers)
  • French Law No. 2004-575 of June 21, 2004 as amended SREN (LCEN)
  • Reference case law: Cass. com. June 29, 2010 No. 09-11.841 (Faurecia II); Cass. mixte April 22, 2005 No. 03-14.112 (Chronopost III); Cass. com. July 8, 2020 (Expedia); CJEU July 29, 2019, C-40/17 (Fashion ID); CJEU June 4, 2020, C-828/18 (Trendsetteuse)
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