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TERMS AND CONDITIONS OF USE « CGU »

SHOP MY INFLUENCE SERVICES

TERMS AND CONDITIONS OF USE « CGU »

SHOP MY INFLUENCE SERVICES

Last update: 23/01/2023

ARTICLE I. DEFINITIONS

In the context of these T&Cs, the following words and expressions shall have the meaning given to them by the definitions set out below: 

ADVERTISER:

Publisher of a digital service (or service provider acting on its behalf) marketing products or services, and using the SHOP MY INFLUENCE SERVICES in the context of its relations with the INFLUENCEURS.

INFLUENCE MARKETING OPERATION:

A one-time or long-term partnership operation conducted by an ADVERTISER with INFLUENCES in order to ensure the distribution and/or promotion of the ADVERTISER’s PRODUCTS with the aim of developing sales and/or increasing its reputation.

CONTRACT:

Formalized agreement, in writing or through an online process, under the terms of which the ADVERTISER uses the SHOP MY INFLUENCE SERVICES; when the agreement is in the form of a “Special Terms and Conditions”, an “Order Form” or any other simplified document, in particular an exchange of emails, the CONTRACT includes the terms of the said document as well as these General Terms and Conditions of Use, of which they constitute an essential component.

GCU (or General Conditions of Use):

This document, an integral part of the CONTRACT in all its provisions in the relationship between SHOP MY INFLUENCE and the ADVERTISER.

CPU (or Particular Conditions of Use):

Element of the CONTRACT taking the form of a contractual document signed by hand or electronically between the ADVERTISER and SHOP MY INFLUENCE and specifying and/or supplementing the present GCU; the CPU can take the denomination and/or the form of an Order Form.

DASHBOARDS:

Tables accessible to the ADVERTISER via his personal account with the SHOP MY INFLUENCE SERVICES and presenting all of the STATISTICS and KPIS of his INFLUENCE MARKETING OPERATIONS with all of the INFLUENCE ADVERTISERS participation in these operations.

FOLLOWER:

A natural person who subscribes to or usually frequents the MEDIA of an INFLUENCEUR.

INFLUENCEUR:

Publisher of a MEDIA broadcast on a social network (Facebook, Instagram, etc.) likely to host a TRACKING LINK to the ADVERTISER’s site.

INTERNET USER:

Natural or legal person connected to the Internet network and using it to carry out operations, interactive or not, such as consulting sites, exchanging information, etc.

Information or the performance of legal acts such as the purchase of PRODUCTS or services.

KPI(S) :

Key performance indicator(s), made available on the ADVERTISER’s SHOP MY INFLUENCE account and collected in DASHBOARDS, allowing him to measure, manage and adapt his INFLUENCE MARKETING OPERATIONS.

TRACKE LINK:

Hypertext link inserted on the MEDIA of the ADVERTISER referring to the site of the ADVERTISER and followed by SHOP MY INFLUENCE.

INFLUENCE MARKETING:

Communication and commercial development method consisting of promoting a PRODUCT or developing brand awareness through a quote (of the PRODUCT and/or the brand) inserted by an INFLUENCEUR in the MEDIA that he/she broadcasts on social networks.

MEDIA:

Content published by an INFLUENCEUR on a social network; a MEDIA can consist of a combination of texts and/or images and/or videos, and take the form of a story, a post, a real, a live, a video, a blog article, etc.

PART(S):

THE ADVERTISER and/or SHOP MY INFLUENCE.

PRODUCT:

Refers to an item sold by the ADVERTISER and to which the FOLLOWER is directed via a TRACKER LINK.

PERFORMANCE :

Evaluation of the value of an INFLUENCE MARKETING OPERATION, by measuring the number of clicks (“CPC”), the number of installations of an application (“CPI”), the number of “leads” (action of registration, account opening, of filling out a form or any other operation carried out online – “CPL”), the number of sales (“CPV”) or the price of sales of the ADVERTISER’s PRODUCTS (or services) (“CPA”) carried out through an INFLUENCEUR.

PERFORMANCE PAYMENT:

Price to be paid by the ADVERTISER for an INFLUENCE MARKETING OPERATION and depending on the number of clicks, views, leads or sales generated by the TRACKED LINK inserted on the INFLUENCE MEDIA.

SUPPORT:

Service disponible pour l’ANNONCEUR notamment lors des phases de mise en place (« Set Up ») et de suivi/gestion, des SERVICES SHOP MY INFLUENCE. Ce service est disponible aux heures et jours ouvrés de SHOP MY INFLUENCE, par e-mail, ticket ou téléphone.

STATISTICS:

All of the non-personal information and data (sales, prices, products, clicks, etc.) resulting from the ADVERTISER’s INFLUENCE MARKETING OPERATIONS with each of its INFLUENCE ADVERTISERS on the SHOP MY INFLUENCE network.

SHOP MY INFLUENCE SERVICES:

All of the applications, software solutions, websites and consulting services implemented by SHOP MY INFLUENCE to design, establish, analyze, render and optimize the INFLUENCE MARKETING OPERATIONS offered to ADVERTISERS.

TRACKING:

All the traffic measurement and operation monitoring services provided through SHOP MY INFLUENCE SERVICES.

USER(S):

Natural person (member of, or authorized by, the ADVERTISER) having access to the SHOP MY INFLUENCE SERVICES by means of a personal user account and password.

ARTICLE II. DESCRIPTION OF THE SERVICE AND PURPOSE OF THE GCUS

SHOP MY INFLUENCE has created, developed and operates a range of communication/marketing services for the benefit of brands, by putting ADVERTISERS, the owners of the brands, in contact with a network of INFLUENCE ADVERTISERS constituted by the company, and also provides INFLUENCE MARKETING consulting services on behalf of the ADVERTISERS using its services.

 

These General Terms and Conditions of Use (“GTCU”) set forth the terms and conditions under which the ADVERTISER will use the SHOP MY INFLUENCE SERVICES to communicate through the INFLUENCE ADVERTISERS of the SHOP MY INFLUENCE network, to monitor the TRACKING of the operations carried out and to manage its INFLUENCE MARKETING strategy.

ARTICLE III. DECLARATIONS

The ADVERTISER declares that he/she will carry out his/her activity in compliance with all applicable legislation, and in particular with labor and social security law, intellectual and industrial property rights, rules relating to the computerized processing of personal data and, more generally, with all applicable regulations.

 

The ADVERTISER guarantees SHOP MY INFLUENCE against the harmful consequences that may result from the inaccuracy of the above statements, and guarantees it against any recourse that may be exercised by third parties within the framework or on the occasion of the conclusion or execution of the CONTRACT.

 

The ADVERTISER declares that he/she has received from SHOP MY INFLUENCE all the necessary information relating to the SHOP MY INFLUENCE SERVICES, including the various options of the application made available to the INFLUENCES for setting up and monitoring the links established with the ADVERTISER.

ARTICLE IV. OBLIGATIONS OF SHOP MY INFLUENCE

SHOP MY INFLUENCE undertakes to ensure the operation of the SHOP MY INFLUENCE SERVICES in order to allow the ADVERTISER to use them, under the terms and conditions of the CONTRACT.

 

 

In the event of a technical failure affecting the operation of the SHOP MY INFLUENCE SERVICES for reasons beyond the control of SHOP MY INFLUENCE, such as, in particular, the interruption of telecommunication systems, the interruption of the services of its IT service providers or a failure of the social networks broadcasting the INFLUENCES, for whatever reason, SHOP MY INFLUENCE undertakes to alert the ADVERTISER, without delay, of this occurrence and of its cessation.

 

 

The occurrence of the events referred to in the preceding paragraph shall have no consequence on the continuation of the CONTRACT and shall not give rise to any claim on the part of the ADVERTISER, as these events are considered to be cases of force majeure within the meaning of Article 1218 of the 

Civil Code.

 

 

SHOP MY INFLUENCE undertakes to record and keep, according to the methods of its choice and for the period of time necessary for the performance of the CONTRACT, the STATISTICS of the ADVERTISER’s INFLUENCE MARKETING OPERATIONS carried out by the INTERNAUTES and/or FOLLOWERS on the ADVERTISER’s site by means of the TRACKING LINKS set up by the INFLUENCES.

 

 

In addition, SHOP MY INFLUENCE will ensure that the ADVERTISER’s STATISTICS are permanently made available online, in the form of DASHBOARDS grouping together the KPIS relating to the transactions carried out through each of the INFLUENCEURS linked to the ADVERTISER.

 

 

Within the framework of the performance of the obligations placed upon SHOP MY INFLUENCE by virtue of the CONTRACT, the ADVERTISER grants SHOP MY INFLUENCE, for the duration of the CONTRACT, the authorization to reproduce the ADVERTISER’s registered trademark on all the written, visual, computer or sound media necessary for the performance of the CONTRACT and for the operation of all of the SHOP MY INFLUENCE services. Any other use of this trademark is prohibited, except with the express agreement of its owner.

 

 

The ADVERTISER authorizes SHOP MY INFLUENCE to use the ADVERTISER’s brand on its advertising materials.

 

 

More generally, SHOP MY INFLUENCE undertakes to refrain from any act likely to infringe, directly or indirectly, this trademark; SHOP MY INFLUENCE is prohibited from exploiting the said trademark at the end of the CONTRACT, regardless of the cause thereof.

ARTICLE V. ADVERTISER'S OBLIGATIONS

The ADVERTISER must ensure the security of his account, his passwords and his files and is responsible for the use that is made of his account by each USER. The ADVERTISER may not under any circumstances transfer his right of access and use of the SHOP MY INFLUENCE SERVICES to an outside third party, nor may he use the information collected from the SHOPMYINFLEUNCE tools (in particular the DASHBOARDS) other than in the context of his commercial policy.

 

In order to enable the performance of the services, which are the subject of the CONTRACT, the ADVERTISER undertakes to make available to SHOP MY INFLUENCE the information and elements (computer files containing the hypertext links, etc.) enabling SHOP MY INFLUENCE to perform its relationship-building and TRACKING services. The ADVERTISER undertakes to carry out all technical steps required to enable the operation of its INFLUENCE MARKETING OPERATIONS.

 

More generally, the ADVERTISER undertakes to cooperate in good faith with SHOP MY INFLUENCE throughout the execution of the CONTRACT, and especially during the “Set Up” phase following the signing of the CONTRACT, during which the ADVERTISER must respond with particular diligence to all of the requests expressed by SHOP MY INFLUENCE’s services.

 

That the ADVERTISER implements in the context of his use of the SHOP MY INFLUENCE services does not under any circumstances constitute (i) a violation of the intellectual property rights of third parties, (ii) an infringement of people’s rights (in particular defamation, insults, insults, etc.) and respect for privacy, (iii) an infringement of public order and good morals (in particular, apology for crimes against humanity, incitement to racial hatred, pornography, etc.).

 

The ADVERTISER, alone or with any third party that it may wish to associate with (in particular its marketing agencies), shall design its INFLUENCE MARKETING operations, its pricing/promotion policy, the number and identity of the INFLUENCEURS with which it intends to collaborate, etc.

 

However, with regard to the choice of INFLUENCEURS by the ADVERTISER, the latter is informed and accepts that by choosing to subscribe to those of the SHOP MY INFLUENCE SERVICES that are remunerated on a PERFORMANCE basis, all of the INFLUENCES in the SHOP MY INFLUENCE network are likely to host the links that the ADVERTISER will have chosen to make available to them, the choice of INFLUENCES hosting the TRACKED LINKS being open only in the INFLUENCE MARKETING OPERATIONS that are not remunerated by PERFORMANCE.

 

The ADVERTISER undertakes to pay the amounts due to SHOP MY INFLUENCE, under the conditions set out in Article VI below.

 

ADVERTISER is solely responsible for the information it provides about its PRODUCTS and for the execution of all operations, including orders, by INTERNAUTES, their processing, shipment, risk of loss, and maintenance of inventory levels of its PRODUCTS.

ARTICLE VI. FINANCIAL CONDITIONS

VI.1 Amount.  – SHOP MY INFLUENCE will send the ADVERTISER the invoices corresponding to the subscription and use of the SHOP MY INFLUENCE SERVICES that it has subscribed to, including both the amounts owed to the INFLUENCES and the remuneration owed to SHOP MY INFLUENCE, plus the applicable VAT.

 

The price of the SHOP MY INFLUENCE SERVICES subscribed to by the ADVERTISER, including, where applicable, the level of performance-based remuneration, is specified in the CPU.

 

The set-up fees and other one-time services subscribed to at the time of signing the CONTRACT are invoiced at that time. During the term of the CONTRACT, the prices per PERFORMANCE as well as any ad hoc services that may be subscribed to during the month of the CONTRACT, are invoiced monthly, with monthly payments due.

 

VI. 2. Payment. The invoices presented by SHOP MY INFLUENCE are payable by bank transfer or check, at the choice of the ADVERTISER, within 30 days, invoice date.

 

The implementation and the entry into force of the CONTRACT are subject to the full payment of the invoices issued by SHOP MY INFLUENCE. Failure to pay any invoice issued during the course of the CONTRACT will result in the suspension of SHOP MY INFLUENCE SERVICES, unless the payment is regularized within 15 days following the reminder that will be sent to the ADVERTISER.

 

In any case, from the 15ème (fifteenth) day following the due date of the invoice, late payment penalties are due and calculated on the basis of 3 (three) times the legal interest rate.

 

In all cases, the collection costs will be charged in full to the ADVERTISER.

ARTICLE VII. LIABILITY AND WARRANTY

The ADVERTISER assumes sole responsibility for all of its relationships with the INTERNAUTES, the FOLLOWERS, the INFLUENCES and, more generally, all of the persons involved in its INFLUENCE MARKETING OPERATIONS, with SHOP MY INFLUENCE’s role being limited to establishing relationships, TRACKING and providing KPIS.

 

The ADVERTISER nevertheless undertakes to ensure that the content of its site and the characteristics of its products, services, terms of sale, etc., comply with all the legislation applicable to it, and in particular the legislation on advertising and promotion, distance selling, literary and artistic property, the right of individuals to control the disclosure of their name and image, as well as any practices usually recognised by professionals in its sector of activity.

 

SHOP MY INFLUENCE reserves the right to refuse to set up TRACK LINKS whose content could harm its image, which the ADVERTISER expressly acknowledges.

 

SHOP MY INFLUENCE guarantees that the SHOP MY INFLUENCE SERVICES respect the applicable legislation as well as the rights of third parties, and in particular that it does not infringe any third-party intellectual property right.

 

SHOP MY INFLUENCE’s liability under the CONTRACT is strictly limited to the direct damage actually suffered and proven by the ADVERTISER.

 

SHOP MY INFLUENCE shall not be held liable in the event of force majeure within the meaning of Article 1218 of the French Civil Code, nor in the event of loss of TRACKING, or disruption in the operation of SHOP MY INFLUENCE SERVICES beyond the control of SHOP MY INFLUENCE.

 

 

 

Furthermore, SHOP MY INFLUENCE excludes all liability in the event of damage related, directly or indirectly, to failures by INFLUENCE ADVERTISERS or the ADVERTISER, in particular to its obligation to cooperate during the Set up operations and other settings of the SHOP MY INFLUENCE SERVICES.

 

In any event, SHOP MY INFLUENCE’s liability, regardless of the cause, shall not exceed the amount of the sums received from the ADVERTISER by SHOP MY INFLUENCE under the CONTRACT during the month preceding the event giving rise to the contractual damage. The ADVERTISER recognizes that this liability limitation clause, which is essential to the economic balance of the CONTRACT, constitutes an essential element, without which SHOP MY INFLUENCE would not have agreed to contract.

ARTICLE VIII. METHOD AND BURDEN OF PROOF

Due to the purely computerized nature of SHOP MY INFLUENCE’s services, the Parties acknowledge that the ADVERTISER may not require SHOP MY INFLUENCE to provide any other proof of the execution of its services than the recordings of the operations (and their characteristics, in particular date, price, etc.) made by SHOP MY INFLUENCE, which recordings will be proof of the reality of the number and volume of operations that have taken place within the framework of the ADVERTISER’s INFLUENCE MARKETING operations.) carried out by SHOP MY INFLUENCE, which recordings will be proof of the reality of the number and volume of operations that have taken place within the framework of the ADVERTISER’s INFLUENCE MARKETING operations, until the latter is required to prove otherwise.

ARTICLE IX. CONFIDENTIALITY AND INDUSTRIAL PROPERTY

Each PARTY undertakes to respect all information, concepts, formulas, texts, images of the other PARTY protected by intellectual and/or industrial property rights, as well as the confidentiality clauses that will have been brought to its attention.

 

The ADVERTISER authorizes SHOP MY INFLUENCE to collect, use and exploit the STATISTICS of its INFLUENCE MARKETING OPERATIONS.

 

SHOP MY INFLUENCE SERVICES, a tool for setting up and managing INFLUENCE MARKETING OPERATIONS, are the property of SHOP MY INFLUENCE.

 

Consequently, ADVERTISER is only a temporary user during the term of this AGREEMENT.

 

The ADVERTISER shall refrain from diverting the concept or any other elements of the SHOP MY INFLUENCE SERVICES to his or her own ends or to those of a third party.

ARTICLE X. PERSONAL DATA

X.1 Processing of personal data implemented by SHOP MY INFLUENCE. – Within the framework of the execution of the CONTRACT, SHOP MY INFLUENCE is led to collect and process personal data (as this term is defined in article 4.1 of the European data protection regulation n°2016/679, also called “RGPD” )


concerning the ADVERTISER, the ADVERTISER’s employees and/or managers in order to enable it to manage the contractual relationship (hereinafter the “Personal Data”). In this context, SHOP MY INFLUENCE is required to set up and manage, in its capacity as manager, one or more Personal Data processing operations, in compliance with the applicable regulations, the purposes of which are the management of the customer relationship (including the management of the CONTRACT, orders, deliveries, invoices, accounting, and follow-up of the contractual relationship), and more generally the management of operations enabling it to communicate with the ADVERTISER. The data collected is limited to the only professional information gathered during the negotiation, conclusion and execution of the CONTRACT (identity of the interlocutors, functions, contact information) and is intended only for the internal services of SHOP MY INFLUENCE.

The processing implemented in this context is based on the necessities of the good execution of the contractual relation by SHOP MY INFLUENCE and the respect of its legal obligations. The Personal Data as well as the entire file associated with the ADVERTISER will be kept for the entire duration of the contractual relationship and for the applicable statute of limitations.

In accordance with the applicable regulations, the ADVERTISER and/or the ADVERTISER’s employees and managers have the right to access, rectify and delete the Personal Data concerning them, the right to limit the processing, as well as the right to object to the processing of the Data concerning them and to determine the directives concerning their use in the event of their death. To exercise these rights, the ADVERTISER may send a request by mail to SHOP MY INFLUENCE, Data Protection Officer, 89 rue Duhesme – 75018 PARIS.

X.2 Processing carried out by SHOP MY INFLUENCE on behalf of the ADVERTISER. – Within the framework of the execution of the CONTRACT, SHOP MY INFLUENCE may be required to process personal data of the INTERNAUTES or FOLLOWERS (hereinafter the “DATA”) on behalf of the ADVERTISER, as a personal data processor within the meaning of the RGPD.

The specific obligations of SHOP MY INFLUENCE and the ADVERTISER with respect to the DATA are defined in this article, the provisions of which shall prevail over any conditions and stipulations of the ADVERTISER (including the ADVERTISER’s specifications, if any), even if they are communicated after the GTC, and are not expressly accepted in writing by SHOP MY INFLUENCE.

X.2.1. – Description of the processing of DATA: SHOP MY INFLUENCE is authorized to process on behalf of the ADVERTISER the DATA necessary for the provision of the TRACKING services.

The DATA collected and processed by SHOP MY INFLUENCE may be, depending on the processing concerned, the following: e-mail address, nature and/or identification number of the PRODUCTS ordered and quantity, amount of the PRODUCTS ordered, user ID, IP address, click history.

The processing of the DATA can be as follows: Collection, Recording, Storage, Transfer.


The purposes of the processing of DATA are the execution of the CONTRACT, and in particular the establishment of STATISTICS and KPIS as well as billing.

X.2.2. – Duration of processing: The duration of the processing of the DATA corresponds to the duration of the CONTRACT increased by the applicable prescription periods and/or the periods necessary for the resolution of any disputes relating to the INFLUENCE MARKETING OPERATIONS.

X.2.3. – SHOP MY INFLUENCE’s obligations towards the ADVERTISER: SHOP MY INFLUENCE undertakes to:

• process the DATA only for the purposes set out in article X.2.1 above;
• process the DATA in accordance with any documented instructions provided by the ADVERTISER.
• guarantee the confidentiality of the data processed in the framework of this CONTRACT ;

SHOP MY INFLUENCE is authorized to call upon another subcontractor (hereafter, the “SHOP MY INFLUENCE Subcontractor”) to conduct specific processing activities.

X.2.4. – Right of information of the INTERNAUTES: It is up to the ADVERTISER to provide, if necessary, the information provided for by the RGPD to the INTERNAUTES at the time of the collection of the DATA.

X.2.5. – Exercise of the INTERNAUTES’ rights: All of the rights that the INTERNAUTES and FOLLOWERS have with regard to their DATA must be exercised by the latter directly and exclusively with the ADVERTISER, with SHOP MY INFLUENCE undertaking to comply with any written and lawful instruction from the ADVERTISER in this regard.

X.2.6. – Notifications of breaches of PERSONAL DATA: SHOP MY INFLUENCE undertakes to inform the ADVERTISER, as soon as possible after becoming aware of any breach of the DATA when this breach leads, accidentally or unlawfully, to the unauthorized access or disclosure, alteration, loss or destruction of the DATA. It is then up to the ADVERTISER to inform (i) the supervisory authority to which it is answerable and (ii) the persons concerned, when this breach of the security of the DATA “is likely to result in a high risk for the rights and freedoms”.

X.2.7. – SHOP MY INFLUENCE’s assistance in the context of the ADVERTISER’s compliance with its obligations: SHOP MY INFLUENCE undertakes to assist the ADVERTISER in carrying out impact analyses relating to the protection of DATA in the context of using the SHOP MY INFLUENCE SOLUTION. SHOP MY INFLUENCE shall assist the ADVERTISER in carrying out the prior consultation of the supervisory authority, if necessary.


X.2.8. – Security measures: SHOP MY INFLUENCE undertakes to implement adequate security measures to secure the DATA and ensure its integrity and confidentiality.

X.2.9. – Fate of the DATA: As the CONTRACT is executed, SHOP MY INFLUENCE automatically deletes or, in any case, anonymizes all the DATA in its possession within a maximum period of six (6) months after their collection via the SHOP MY INFLUENCE SOLUTION. At the end of the CONTRACT, SHOP MY INFLUENCE
undertakes to destroy or, in any case, to anonymize, all DATA remaining in its possession within a period of two (2) months after the termination of the CONTRACT, unless the law of the Union or the law of the Member State, or the necessities of a dispute relating to the DATA and/or to the INFLUENCE MARKETING OPERATIONS, require the
conservation of DATA.

X.2.10. – Record of categories o f processing activities: SHOP MY INFLUENCE declares that it keeps a written record of all categories of processing activities carried out on behalf of the ADVERTISER.

X.2.11. – Documentation: SHOP MY INFLUENCE shall make available to the ADVERTISER the documentation necessary to demonstrate compliance with all of its obligations and to allow, within the limit of one audit per contractual year, the performance of audits, by the ADVERTISER or another auditor that it has commissioned, and to contribute to these audits. These audits will be carried out remotely on the basis of information requested by ADVERTISER from SHOP MY INFLUENCE in order to demonstrate the procedures and documentation put in place by SHOP MY INFLUENCE to comply with the GDPR. All costs incurred by ADVERTISER in connection with such audit shall be borne solely by ADVERTISER.

X.2.12. – ADVERTISER’s obligations and responsibilities towards SHOP MY INFLUENCE: The ADVERTISER undertakes to transmit and document in writing any additional instructions concerning the processing of the DATA by SHOP MY INFLUENCE.

The ADVERTISER provides SHOP MY INFLUENCE with the following necessary information:

■ the name and contact details of the person(s) responsible for processing the ADVERTISER’s DATA within the meaning of the RGPD;
■ the name and contact details of the ADVERTISER’s Personal Data Protection Officer, within the meaning of the RGPD, if applicable, or failing that, the ADVERTISER’s contact person for the DATA for the purposes of this Appendix;

ADVERTISER warrants that the DATA processed through the SHOP MY INFLUENCE SOLUTION is collected and processed in accordance with the GDPR.

In accordance with the European and French legislation on the protection of personal data, in particular the RGPD, before any use of the SHOP MY INFLUENCE SOLUTION proposed by SHOP MY INFLUENCE, by the ADVERTISER and throughout the duration of the CONTRACT, the ADVERTISER guarantees to SHOP MY INFLUENCE that :


(i) the ADVERTISER has collected and processes the DATA in a lawful, fair and transparent manner, for specific, explicit and legitimate purposes that SHOP MY INFLUENCE cannot know about and of which the ADVERTISER declares that it has duly informed the persons concerned. Consequently, any prior declaration obligations linked to the processing of DATA with a Control Authority are the sole responsibility of the ADVERTISER and the ADVERTISER guarantees to SHOP MY INFLUENCE that it has done so;

(ii) the ADVERTISER is solely responsible for the processing of the DATA that it collects, enters or processes during its use of the SHOP MY INFLUENCE SOLUTION and that SHOP MY INFLUENCE is not authorized to process for its own needs;

(iii) the ADVERTISER alone determines the purposes and means of the processing of the DATA operated in particular by the use of the SOLUTION proposed by SHOP MY INFLUENCE.

The guarantees given by the ADVERTISER to SHOP MY INFLUENCE under this article are essential conditions of the CONTRACT, without which SHOP MY INFLUENCE would not have contracted.

ARTICLE XI. TERM OF CONTRACT - TERMINATION - CANCELLATION

  • XI.1 Duration – Termination

    The CONTRACT takes effect on the date of its signature, for an indefinite period.

    It may be terminated by either PARTY by any means made known to the other PARTY, receipt of such termination to take effect at the end of the then current month.

    Termination of the CONTRACT under the aforementioned conditions may not give rise to damages or interest for the benefit of any of the Parties. All the sums already paid by the ADVERTISER remain acquired by SHOP MY INFLUENCE.

    XI.2 Termination for default

    If either Party fails to perform any of its obligations under the CONTRACT, the CONTRACT shall be terminated by operation of law, at the option of the other Party, 8 (eight) days after the date of first presentation of a registered letter with acknowledgement of receipt of formal notice that has remained unsuccessful and specifying the outstanding obligation or obligations.

    Termination for non-performance of the CONTRACT may give rise, if applicable, to compensation for the loss resulting from said non-performance and the breach of the CONTRACT.

    XI.3 Consequences of the rupture

    In all cases of breach, the Parties shall delete from the communication and information media, “paper” or computer, any reference to the other party, and this without delay.


    In addition, the ADVERTISER is prohibited, for a period of 6 months following the end of the contractual relations, from continuing and/or establishing business relations with an INFLUENCE MARKETING OPERATOR that will have been presented to him by SHOP MY INFLUENCE and with which the ADVERTISER will have conducted INFLUENCE MARKETING OPERATIONS in the year preceding the end of the CONTRACT.

ARTICLE XII. INDEPENDENCE OF THE PARTIES

SHOP MY INFLUENCE and the ADVERTISER remain totally independent in their commercial policy outside the provisions of the CONTRACT.

 

Furthermore, SHOP MY INFLUENCE remains independent of the INFLUENCEURS for whom the links with the ADVERTISER are established, with SHOP MY INFLUENCE’s role being limited to managing the relationship between INFLUENCEURS and ADVERTISERS.

 

It is expressly agreed between the Parties that the CONTRACT does not create any joint venture, de facto partnership or agency relationship between the Parties, any notion of affectio societatis being expressly excluded.

ARTICLE XIII. INVALIDITY OF A CLAUSE

If any provision of the contract is found to be invalid under any applicable law or statute, it shall be deemed unwritten and shall not invalidate the contract.

ARTICLE XIV. LANGUAGE - APPLICABLE LAW - JURISDICTION

The law applicable to the CONTRACT is French law.

 

In the absence of an amicable agreement, any dispute during or at the end of the agreement concerning the interpretation or performance of the CONTRACT shall be submitted by the most diligent party to the Commercial Court of Paris, notwithstanding multiple defendants or third party proceedings, even for emergency or protective proceedings.