|General Terms for Mosaico Web Affiliation
The present document aims at establishing the contractual relations between :
- The company Mosa´co Diffusion, limited liability Company with a capital of 7.500 Euros, registered in the Registre du Commerce et des SociÚtÚs of Paris, under the number B 448273433, with headquarters at 48 Boulevard de Picpus, 75012 Paris
- and each affiliate accepted by Mosa´co Diffusion within the Mosaico web affiliation program, willing to add among the service he owns and has identified in the registration form, all or part of Mosaico Diffusion products and offer, and earn a remuneration on the confirmed sales generated by the affiliate.
The company Mosa´co Diffusion has elaborated an web affiliation program that enables to the insertion of a hypertextl ink from the affilate's website to Mosa´co Diffusion's website www.mosaicodiffusion.com, and its associated websites www.mosaicoworld.com and www.mosaicodifusion.com, (referred from now on as Mosa´co Diffusion's website),). This hypertext link will enable the re-routing of the affilite's wbesite users, through an icon, banner, or search engine, pointing at a Mosa´co Diffusion's webstie page, so that they can proceed there to the booking of one or several tickets to cultural and sports events.
In exchange for the insertion of this hypertext link, Mosa´co Diffusion will remunerate the affiliate on a remuneration basis as settled in the next paragraphs, and calculated on the net margin earned on each confirmed sale of tickets to cultural and sports events made by users coming from the affiliate's website.
Acceptance of the affiliate by Mosa´co Diffusion
Given the commercial and personal nature of this partnership, Mosa´co Diffusion has the right to reject any registration, without having to justify in any way the reason for this refusal.
Will be refused, and this not being an exhaustive listing, websites which, among their offer or communication tools, directly or indirectly:
Would include violent, racist, slanderous, texts or images, or which would promote any form of extremism or discrimination,
Would offer contents of pornographic, erotic, religious or political nature
Would not abide by the laws and rules in application, and third parties rights
Or which, in any other way, would damage Mosa´co Diffusion brand reputation or commercial policy.
Cultural and sports events tickets reservations are made directly between users coming from the affiliate's website and Mosa´co Diffusion, which is responsible for correctly processing the reservation and the services implied by it, Mosa´co Diffusion being the owner of all customers generated.
Mosa´co Diffusion assumes the entire and total responsibility of the phases of reception, reservation proceeding and services, once the affiliate has transmitted the order made by the customer : reservation order, transaction, reservation confirmation, sending of the tickets, modification, cancellation.
Mosa´co Diffusion will enable each affiliate to create his own Tracking Code, personal ID and password, in order to have a direct and permanent access to Mosa´co Diffusion's website and check the detailed report on sales generated by himself and the remuneration earned. It is underlined that all files related to the present remain the property of Mosa´co Diffusion, that commits itself in not communicating it to third parties.
During the whole period of the partnership, the affiliate commits himself in :
not including in his website, or not being linked to any websites that include, directly or indirectly:
not modifying any HTML Codes necessary for weblinks implementation pointing at Ó Mosa´co Diffusion's website
- violent, racist, slanderous texts or images, or which would promote any form of extremism or discrimination,
- Would offer contents of pornographic, erotic, religious or political nature
Would not abide by the laws and rules in application, and third parties rights
- Or which, in any other way, would damage Mosa´co Diffusion brand reputation or commercial policy.
Erasing any reference to Mosa´co Diffusion in case of resiliation by one or the other party of the present partenership, and stopping any use and/or reproduction, in any way, of Mosa´co Diffusion's logos and brands.
The affiliate accepts that his electronic signature placed at the end of the registration form is a proof of his compromise and acceptance of the present general terms.
Beginnig of partnership
The partnership begins after the acceptance by Mosa´co Diffusion of the affiliate's registration submission and when the affiliate has received a confirmation e-mail him to include as soon as possible among his offer, the promotion and selling of Mosa´co Diffusion's service and products. To do so, the affiliate will have a regularly updated communication tools database, in which he will be able to use the elements that best fit his content or context.
It is clearly accepted that the access to programs and data contained in Mosa´co Diffusion's website do not give any right to the affiliate on these programs and data that remain the exclusive property of their authors.
A remuneration is owed to the affiliate only after having received an e-mail from Mosa´co Diffusion which confirms the acceptance of the registration, and which contains the affiliate's identification codes that will enable him to promote and sell Mosa´co Diffusion's service and products
The affiliate is only remunerated on the confirmed sales that contain the Tracking Code entitled to him. Therefore, the affiliate cannot, under any circumstance, be eligible for any remuneration on an order that would not clearly contain his own Tracking Code.
Remuneration will be calculated on the net margin earned on each confirmed sale generated by the affiliate, and after taking into account all modifications and cancellation that may have occurred on reservation orders.
Net margin amount is settled by Mosa´co Diffusion, and can vary depending on the event. This margin can also be modified without prior notice by Mosa´co Diffusion, depending on the evolution of supply and demand on a given event.
The calculation basis for the affiliate's remuneration corresponds to the net margin on the fare in application when the reservation is confirmed, i.e when the sale is confirmed.
The percentage of remuneration on the net margin on each sale generated by the affiliate is : 20 %
Mosa´co Diffusion has the right to modify, at any moment, the nature and amount of remunerations of the present affiliation contract, with a prior notice of 15 days, sent by e-mail.
This remuneration will be monthly billed by the affiliate, as soon as the amount to bill will exceed 100 (VAT not included), at the end of the month.
payment procedure will be as described here, laps being expressed in calendar days after the end of the month which is considered.
Within a 15-day lap, the affiliate, if his account shows a credit over 100 euros (VAT not included), will receive a billing alert by e-mail with a formatted invoice.
The affiliate will have 20 days to send his invoice by postal mail, to the following address :
Mosa´co Diffusion - Web Affiliations
48 Bvd de Picpus
The invoice will then be paid within a lap that will not exceed 45 days, provided that it has been received in the way and laps required (as specified in the previous paragraphs).
Mosa´co Diffusion can also stop, at any moment, temporarily or for good, its service providing and/or affiliation program without prior notice. No compensation wil be due for this by Mosa´co Diffusion to the affiliate.
Duration - Cancellation
The present partnership is carried out in a non-exclusive way with the affiliate, for an undetermined duration, as on the date of beginning of the partnership, as defined before. It is underlined that any of the parties can cancel this contrat without prior notice, by informing the other party by registered mail.
Mosa´co Diffusion wil have the right to immediately cancel the contract, by simply notifying the affiliate, if the affiliate does not respect one or several points of the present general terms.
In case of cancellation, no matter its origin, the affiliate will have to send his invoice to sette his account closing, through registered mail, within a maximum one-month lap after cancellation. Later than this one-month lap, Mosa´co Diffusion will not owe any amount anymore.
Disputes - Competent juridiction
This partnership is made under the french law.
Any difficulty encountered in interpreting or carrying out the present contract, after having tried to solve it through amicable negotiation, it will be submitted to the Tribunal de Paris Court of Justice.