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Affiliate Terms of Use

Preamble

These Affiliate Terms of Use ("Terms") govern the relationship between FLIZ (hereinafter "Fliz," "we") publisher of the SaaS platform Affilane, and any person registering and using the Platform as an Affiliate to affiliate programs of merchants ("Merchants") clients of Fliz.

Important point on roles:

  • The commercial affiliation relationship (missions, compensation, commissions, promotional obligations) arises between the Affiliate and each Merchant. It is governed by the specific contract concluded with each Merchant ("Affiliate Marketing Program Agreement"), not by these Terms.

  • The Platform usage relationship (account creation, login, receiving payments via Stripe, accessing statistics, technical support) arises between Fliz and the Affiliate. It is governed by these Terms.

These Terms do not replace the contract concluded with each Merchant and create no Fliz obligation relating to commissions, performance, or Merchant decisions.

Article 1 — Provider Identity

Affilane Platform Publisher:

FLIZ, SAS with share capital of €1,000 Registered office: 18 Rue Masséna, Bureau 3, 06000 Nice, France RCS Nice B 977 626 118 SIRET: 97762611800037 EU VAT number: FR43977626118 President: Jean-Baptiste Malatrasi Contact: hello@affilane.com Form: affilane.com/contact (response within 48 business hours)

Complete legal notices are available at affilane.com/legal/legal-notice.

Article 2 — Definitions

  • "Platform": the Affilane online Service published by Fliz, accessible at affilane.com, including the website, management application, and related features.

  • "Affiliate": any individual or legal entity registered on the Platform to participate in one or more affiliate programs offered by Merchants.

  • "Merchant": any Fliz client company using the Platform to manage their own affiliate program.

  • "Account": the Affiliate's personal area on the Platform.

  • "Program": a specific affiliate program offered by a Merchant, to which the Affiliate may apply.

  • "Commissions": compensation owed by a Merchant to the Affiliate for validated conversions, under the conditions of the contract between the Merchant and the Affiliate.

  • "Stripe": the company Stripe Payments Europe Ltd., an approved payment service provider, which operates the flow of Commission payments via the Stripe Connect integration.

Article 3 — Application of Terms — B2C vs B2B

3.1 Scope

These Terms apply to any use of the Platform by an Affiliate, whether an individual or legal entity, regardless of their status (company, individual entrepreneur, self-employed, independent worker, employee acting in a personal non-authorized capacity — the latter being discouraged).

3.2 Affiliates Assimilated to Consumers (French Consumer Code Article L.221-3)

Certain protective provisions of the French Consumer Code apply to Affiliates who cumulatively meet the following two conditions:

  • being a professional employing five (5) employees or fewer;
  • concluding this contract outside the scope of their main activity (i.e., when the activity of promoting a Merchant's offers is not at the heart of their main business).

Typically concerned: a personal coach, therapist, consultant, craftsperson, artist, individual blogger, who register as Affiliates as an accessory to their main activity. Not concerned: a professional whose main activity is digital marketing, growth hacking, or affiliation — registration then entering into the core of their activity.

On these Affiliates called "assimilated to consumers" (reference: Articles L.221-3 et seq. of the French Consumer Code):

  • the right to legible pre-contractual information;
  • the 14-day right of withdrawal (Article 4.3 below);
  • the possibility to terminate online (Article 10);
  • certain rules on protective contractual content.

3.3 Purely B2B Affiliates

Affiliates who do not meet the conditions of 3.2 (company with more than 5 employees, or professionals whose main activity is marketing/affiliation/digital communication) are subject to these Terms without benefiting from the protective provisions of the French Consumer Code. Their obligations are those provided by the French Commercial Code and general contract law.

3.4 Self-qualification

Upon registration, the Affiliate indicates their status (non-professional individual, self-employed, independent worker, company) and confirms in good faith whether they meet the criteria of Article 3.2. In case of change of situation, they undertake to inform Fliz.

Article 4 — Registration and Contract Formation

4.1 Registration

Registration on the Platform is reserved for any adult (18 years or older) with legal capacity. It is done via a form requesting:

  • first and last name (or company name);
  • professional or personal email address;
  • password complying with the displayed security rules;
  • declared legal status;
  • country of residence or registered office;
  • tax information (IBAN/BIC, country of tax residence, EU VAT number where applicable) collected by Stripe as part of KYC/KYB onboarding during the first Commission payment.

4.2 Clickwrap and Proof

Registration is subject to the ticking of non-pre-ticked boxes:

  • "☐ I have read and accept the Terms of Use" (mandatory);
  • "☐ I have read and understood the Privacy Policy" (mandatory);
  • "☐ I confirm being of legal age and having legal capacity" (mandatory);
  • "☐ I agree to receive commercial communications" (optional, withdrawable at any time).

Fliz logs each acceptance with: user identifier, timestamp, accepted Terms version, SHA-256 hash of the document, IP address, and user-agent. These logs are retained for five (5) years from the end of the contract, for evidentiary purposes (Articles 1366 and 1367 of the French Civil Code). The Affiliate may obtain a copy of their acceptance log at any time (hello@affilane.com, subject "[GDPR]").

4.3 Right of Withdrawal (14 days, L.221-3 Affiliates only)

Principle. In accordance with Articles L.221-18 et seq. of the French Consumer Code, Affiliates assimilated to consumers within the meaning of Article 3.2 have a withdrawal period of fourteen (14) days from the formation of the contract, without having to justify a reason or bear other costs than those provided in Articles L.221-23 to L.221-25.

Exercise modalities. To exercise their right, the Affiliate notifies their decision:

  • by the withdrawal form appearing in Annex 1 (or any unambiguous declaration);
  • sent by email to hello@affilane.com (subject: "[Withdrawal]") or by postal mail to Fliz's address.

The burden of proof of the exercise of the withdrawal right within the deadlines lies with the Affiliate.

Effects. In case of valid withdrawal:

  • the account is deactivated;
  • Commissions already validated and paid before withdrawal remain acquired;
  • no fees are due to Fliz.

Immediate execution (optional). The Affiliate who wishes to access the Platform immediately before the expiration of the 14-day period may expressly waive their right of withdrawal by ticking, in a separate and non-pre-ticked box, the following mention, in accordance with Article L.221-28, 1° of the French Consumer Code:

"☐ I expressly request Fliz to begin executing the Service immediately. I acknowledge that upon full execution of the Service, I will lose my right of withdrawal."

If the Affiliate withdraws after having requested immediate execution, they pay Fliz an amount proportional to the services rendered up to the date of communication of the withdrawal, in accordance with Article L.221-25 of the French Consumer Code. In practice, as the registration and access services to the Platform are provided free of charge to the Affiliate, this amount is zero.

Extension of the period. In the absence of clear information on this right, the period is extended by twelve (12) months in accordance with Article L.221-20 of the French Consumer Code.

4.4 Registration Refusal

Fliz reserves the right to refuse registration, notably in case of:

  • manifestly incorrect or false information;
  • documented fraud history (internal blacklist);
  • inclusion in international sanctions lists (EU Regulations 269/2014 and 833/2014);
  • disposable or suspicious email domain;
  • accumulation with an account previously suspended for serious breach.

Any refusal decision is motivated and the Affiliate may contest it via Article 12.

Article 5 — Platform Use

5.1 Account Access

The Affiliate accesses their Account by email and password, possibly supplemented by two-factor authentication (2FA) which is strongly recommended to activate.

The Affiliate is solely responsible for the confidentiality of their credentials. Any action performed from their Account is presumed to have been performed by them. In case of unauthorized use, they must immediately notify Fliz (hello@affilane.com with subject "[Security]").

5.2 Information Accuracy

The Affiliate undertakes to provide accurate, complete, and up-to-date information, in particular concerning their identity, status, and bank details. They inform Fliz of any change by updating their profile.

5.3 Application to Programs

The Platform allows the Affiliate to apply to one or more Programs offered by Merchants. The decision to accept or refuse an application is the exclusive responsibility of the concerned Merchant. Fliz does not intervene in this decision and cannot be held liable for it.

Acceptance by the Merchant gives rise to the "Affiliate Marketing Program Agreement" contract between the Merchant and the Affiliate (see template at affilane.com/legal/affiliate-program). Fliz is not a party to this contract.

5.4 Usage Obligations

The Affiliate undertakes to:

  • use the Platform in accordance with its intended purpose;
  • not attempt to circumvent technical security measures;
  • not engage in reverse engineering, massive automated scraping (normal scraping via authorized API export), or denial-of-service attack;
  • not use the Platform to distribute illegal, misleading, defamatory content, or infringing third-party rights;
  • comply with the Anti-Fraud Policy / Code of Conduct of each Merchant (displayed in the Program sheet).

5.5 Usage Limits

Fliz may, for technical or security reasons, impose usage limits (API calls, massive exports, number of tracking links, etc.). These limits are reasonable and displayed in the documentation.

5.6 Non-Circumvention Prohibition

The Affiliate undertakes not to circumvent the Platform by negotiating directly with Merchants whom they met through it for programs they learned of via Affilane, with the aim of avoiding commissions or fees owed by the Merchant to Fliz. This provision protects the Platform's ecosystem for the duration of the relationship and 6 months after the end of the contract, without creating exclusivity for the Affiliate beyond.

Article 6 — Affiliate Compensation

6.1 Responsibility for Compensation

Commissions are owed by each Merchant according to the conditions of the Affiliate Marketing Program Agreement concluded with them. Fliz is not a debtor of these Commissions and does not guarantee the amount, validation, or effective payment beyond its technical role.

6.2 Free Service for the Affiliate

Use of the Affilane Platform is free for the Affiliate. Fliz remunerates its services through Merchant subscriptions and does not take any fee on Commissions owed to the Affiliate, except:

  • technical payment fees billed by Stripe, in accordance with the Stripe Services Agreement — these fees are applied directly by Stripe and may appear on the statement.

6.3 Flows via Stripe Connect

Financial flows transit through Stripe Payments Europe Ltd., an approved payment service provider. Fliz acts as a technical provider within the meaning of Article 3, j) of PSD2 (Directive 2015/2366) / 7° of III of Article L.314-1 of the French Monetary and Financial Code. Fliz never collects Commissions intended for the Affiliate; they transit directly from the Merchant's Stripe Connect balance to the Affiliate's Stripe account.

6.4 KYC/KYB Onboarding

The first Commission payment requires opening a Stripe Express account as part of KYC (identity verification) or KYB (business verification) onboarding. The Affiliate provides Stripe with the required documents (ID, proof of address, business registration extract where applicable). This process falls exclusively under Stripe, as autonomous data controller for AML-CFT obligations.

6.5 Dispute with a Merchant

In case of disagreement on the amount, validation, or payment of a Commission, the Affiliate addresses first the concerned Merchant. Fliz may accompany the Affiliate as good offices (technical mediation, provision of relevant tracking data) but cannot be held liable for the dispute or substitute for the Merchant for payment.

6.6 Affiliate's Tax Obligations

The Affiliate is solely responsible for their tax and social obligations (social security declarations, VAT, income tax, etc.). They issue or accept (via self-billing where applicable) the invoices required by the legislation applicable to their regime.

6.7 DAC 7 Information

If annual volumes require it and if Fliz is required to declare under Article 1649 ter A et seq. of the French General Tax Code (transposition of EU Directive 2021/514 known as DAC 7), it informs the Affiliate of the data to be transmitted to the tax administration before January 31 N+1, in accordance with Article 1649 ter D of the French General Tax Code.

Article 7 — Personal Data

Fliz processes the Affiliate's personal data as autonomous data controller for the following purposes: Account management, support, security, legal obligations.

The detailed processing policy appears in the Affilane Privacy Policy, including:

  • purposes and legal bases;
  • recipients (Stripe, Vercel, Supabase, AWS, etc.);
  • international transfers and their safeguards (EU-US DPF, SCCs 2021/914);
  • retention periods;
  • your GDPR rights (access, rectification, erasure, restriction, objection, portability, consent withdrawal, post-mortem).

Exercise of rights: hello@affilane.com (subject "[GDPR]").

CNIL complaint: 3 Place de Fontenoy, TSA 80715, 75334 Paris Cedex 07 — www.cnil.fr.

Article 8 — Intellectual Property

8.1 Fliz's Rights

The Platform, its components, source code, databases, design, and the Affilane trademark are the exclusive property of Fliz. No transfer, license, or usage right beyond the use of the Service under these terms is granted.

Affiliate Links and technical elements (scripts, badges) are granted to the Affiliate, for the duration of the contract with the concerned Merchant, for strictly promotional purposes. They cannot be modified, redistributed, or used for other purposes.

8.3 Content Created by the Affiliate

The Affiliate remains the owner of the content they create (articles, videos, posts) to promote Merchant offers. Any use by Fliz for communication purposes is subject to express agreement (generally via the provisions of the contract with the Merchant).

Article 9 — Liability

9.1 Limitation

Except for gross negligence, willful misconduct, or invasion of privacy, Fliz's liability towards the Affiliate under these Terms is expressly limited to direct, personal, and certain prejudice, and capped at five hundred (500) euros in total, all causes and all damages combined.

This cap takes into account:

  • the free nature of the Service for the Affiliate;
  • Fliz's technical role;
  • the absence of obligation of result as to the activity level or Commissions paid by Merchants.

9.2 Exclusions

Fliz is not liable for:

  • Merchant decisions (acceptance/refusal/suspension of applications, validation or invalidation of commissions);
  • Commission payments themselves, owed by the Merchant;
  • malfunctions attributable to Stripe, Vercel, AWS, or any other third-party provider;
  • indirect or intangible losses (loss of profit, loss of clientele, damage to image);
  • the content of the Affiliate's Promotional Supports and their effects vis-à-vis third parties.

9.3 Force Majeure

No Party is liable for a breach due to a force majeure event within the meaning of Article 1218 of the French Civil Code.

9.4 Affiliate's Warranty

The Affiliate indemnifies Fliz against any claim resulting (i) from a breach of these Terms, (ii) from a legal violation committed by the Affiliate, (iii) from an infringement of third-party rights (trademarks, copyrights, privacy) attributable to their promotional activity.

Article 10 — Duration, Modification, Termination

10.1 Duration

The contract is concluded for an indeterminate duration from registration.

10.2 Termination by the Affiliate

The Affiliate may terminate at any time via the "Delete my account" feature accessible from their personal space, free of charge and without obstacle (compliant with Article L.215-1-1 of the French Consumer Code and Decree No. 2023-182 of March 16, 2023). Termination takes effect on the date of the request.

Commissions owed for conversions prior to termination remain payable under the conditions set with each Merchant.

10.3 Modification of Terms

Fliz may modify these Terms. Any substantial modification is notified to the Affiliate on a durable medium (email + in-app notification) with a minimum notice of 15 days before entry into force.

During this notice, the Affiliate may terminate without penalty. Continued use after entry into force constitutes acceptance.

For Affiliates assimilated to consumers (L.221-3), unfavorable modifications without consideration require express consent; failing that, the previous Terms remain applicable until termination by the Affiliate.

10.4 Termination by Fliz

Fliz may terminate for the following exhaustively enumerated reasons:

  • serious breach of these Terms, in particular documented fraud attempt;
  • behavior contrary to a Merchant's Anti-Fraud Policy with demonstrated prejudice;
  • inclusion in international sanctions lists;
  • injunction from administrative or judicial authority;
  • cessation of Platform activity with reasonable notice.

Fliz notifies its decision on a durable medium with a statement of reasons (Article 17 DSA). A 30-day notice is applied except for a documented serious breach requiring immediate interruption.

10.5 Effects of Termination

Upon termination:

  • access to the Account is closed;
  • personal data export is made available for 30 days upon request;
  • data is deleted under the conditions of the Privacy Policy (subject to legal retention obligations);
  • the non-circumvention clause (Article 5.6) remains applicable 6 months after termination.

Article 11 — Tacit Renewal (L.215-1) — Not Applicable

These Terms are not subject to tacit renewal. They remain in force as long as the Account is active and until termination by either Party. The Affiliate may terminate at any time (Article 10.2) without any contractual deadline.

Article 12 — Complaints and Dispute Resolution

12.1 Internal Complaints

Any complaint is addressed to hello@affilane.com with subject "[Complaint]". Fliz acknowledges receipt within 5 business days and provides a motivated response within a maximum of 6 weeks.

12.2 Consumer Mediation (L.616-1 French Consumer Code — L.221-3 Affiliates)

For Affiliates assimilated to consumers within the meaning of Article 3.2, and after prior attempt at amicable settlement, a consumer mediator may be referred.

Designated mediator: [to be designated — CMAP, Médiation Consommation, or equivalent CECMC-approved].

Recourse to mediation is free for the Affiliate. The address and referral modalities are published at affilane.com/legal/mediation.

12.3 ODR Platform (L.221-3 Affiliates residing in the EU)

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission provides an online dispute resolution platform accessible at: ec.europa.eu/consumers/odr.

12.4 Jurisdiction

For professional Affiliates (outside L.221-3): exclusive jurisdiction of the Commercial Court of Paris, in accordance with Article 48 of the French Code of Civil Procedure.

For Affiliates assimilated to consumers (L.221-3): the protective rules of consumer jurisdictional competence and territorial competence apply. The Affiliate may, at their choice, refer to:

  • the jurisdiction of the place where they resided at the time of contract conclusion;
  • the jurisdiction of the place where the damaging event occurred;
  • the jurisdiction of Fliz's headquarters (Judicial Court of Nice).

Any contrary clause would be deemed unwritten within the meaning of Article R.212-2, 10° of the French Consumer Code.

Article 13 — Governing Law

These Terms are governed by French law. The provisions of the French Consumer Code and Commercial Code apply in all cases as overriding mandatory provisions when the Affiliate is established or resides in France, notwithstanding any contrary clause.

Article 14 — Miscellaneous Provisions

14.1 Non-Assignment

The Affiliate may not assign these Terms without Fliz's written consent. Fliz may assign these Terms in the context of a restructuring operation, subject to informing the Affiliate.

14.2 Non-Waiver

The fact that one Party does not avail itself of a breach shall not constitute a waiver.

14.3 Partial Nullity

The nullity of one provision does not affect the validity of others.

14.4 Entire Agreement

These Terms, the Privacy Policy, the Cookie Policy, and the technical documentation of the Platform constitute the entire agreement between Fliz and the Affiliate concerning the use of the Platform.

14.5 Language

The Terms are drafted in French and translated into several languages for information purposes. In case of contradiction, the French version prevails for Affiliates residing or established in France.

Annex 1 — Standard Withdrawal Form

To be completed and returned to hello@affilane.com if and only if you are an Affiliate assimilated to a consumer within the meaning of Article 3.2 of the Terms and you wish to withdraw within the 14 days following your registration.

To:
FLIZ
18 Rue Masséna, Bureau 3, 06000 Nice, France
hello@affilane.com

I, the undersigned [Name, First Name],

hereby notify my withdrawal from the contract relating to registration
with the Affilane platform, concluded on [date].

Affiliate ID: [●]
Account email: [●]

Signed in [place], on [date]

[Signature — paper only]

Annex 2 — Pre-contractual Information (L.221-3 Affiliates)

Summary of essential information, provided prior to registration in accordance with Articles L.221-5 and L.221-11 of the French Consumer Code:

  • Professional's identity and contact details: FLIZ, SAS, 18 Rue Masséna, Bureau 3, 06000 Nice, hello@affilane.com, RCS Nice B 977 626 118.
  • Essential characteristics of the service: provision of a SaaS affiliate marketing platform, allowing the Affiliate to apply to Merchant Programs, track their performance, and receive Commissions via Stripe.
  • Price: service free for the Affiliate (Commissions are paid by Merchants and not by Fliz).
  • Duration: indeterminate; terminable at any time by the Affiliate online.
  • Right of withdrawal: 14 days (see Article 4.3).
  • Payment methods: flows via Stripe Connect, free Fliz Service.
  • Complaints: hello@affilane.com with "[Complaint]" in subject; consumer mediation where applicable.
  • Legal representative's contact details: Fliz SAS, President Jean-Baptiste Malatrasi.

Terms of Use established in compliance with:

  • French Civil Code (1101, 1119, 1170, 1218, 1366-1367, 2224)
  • French Commercial Code (L.441-1 to L.442-10, L.134-1 to L.134-17 — exclusion)
  • French Consumer Code (L.111-1, L.121-1 to L.121-5, L.132-2, L.215-1, L.215-1-1, L.221-3 to L.221-28, L.616-1, R.212-2)
  • French Monetary and Financial Code (L.314-1 III 7°)
  • Regulation (EU) 2016/679 (GDPR)
  • Regulation (EU) 2022/2065 (DSA)
  • Regulation (EU) No. 524/2013 (ODR)
  • French Law No. 78-17 of January 6, 1978 as amended
  • Decree No. 2023-182 of March 16, 2023 (online termination)
  • Case law: Cass. 1re civ. November 27, 2019 No. 18-22.525 FS-P+B+I (factual verification L.221-3); Cass. 1re civ. September 12, 2018 No. 17-17.319 (L.221-3 outside main activity); Cass. 1re civ. April 13, 2023 No. 21-23.312; CJEU May 21, 2015 El Majdoub C-322/14 (click-wrapping); CJEU July 5, 2012 Content Services C-49/11 (durable medium)
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