General Terms and Conditions.
Welcome to mavenful.com.
These General Terms and Conditions are an integral part of the Member Marketing Agreement for the promotion of the Platform. The following general condition of Use are intended to moderate the use of the mavenful.com website as well as the other different services that can be found on the website. Navigation on the mavenful.com website automatically entails the express and unreserved acceptance by the user of the present GTC.
Mavenful reserves the rights to modify, in any circumstances, the content of these General terms and Conditions. It is recommended that the user regularly read the GCU. The Member will receive proper notice for the applicable changes. The Member is free to accept or refuse these changes. In case of disagreement, the Member will terminate the contract by refusing changes. In case of Acceptance, the so called changes will be applicable after a determined period of time.
The mavenful.com website is accessible 24/7 expect in the event that are beyond the control of Mavenful or in case of necessary maintaining. In any case, Mavenful reserves the right to interrupt the access to the website without prior notice to the user for technical maintenance reasons or for any other reason.
Access to Mavenful services is exclusively reserved for member s of the Mavenful community by subscribing to a newsletter under the conditions set out below.
The services offered by Mavenful are free of charge and are defined as follows:
· Access to the supply by any appropriate means of products (hereinafter referred to as "the Products") regularly marketed under a trademark designating the said goods Products entrusted to Mavenful by the manufacturer, producer, holder or authorized distributor of such product.
· The possibility of benefiting from a platform allowing online product purchases presented according to the photos and posts published by the users of influential social networks.
· The possibility for social network users to benefit from a dedicated platform.
Signing up for the Mavenful newsletter provides access to member services, including product receipt and participation in contests. Enrollment on the Mavenful web account is done via the registration on the dedicated interface, filling in all the information identified as mandatory. Mavenful reserves the right to refuse a profile to the newsletter. The user guarantees that the information entered for the creation of his account are accurate, sincere and personal. They do not in any way constitute trade data which render them abusive or misleading. The user undertakes to regularly update his information in order to inform Mavenful on his personal profile and to benefit from the services provided by Mavenful. Mavenful reserves the right to erase any account whose addresses, in particular postal addresses, do not allow the sending and the normal use of the products.
In return for the benefit of Mavenful's services, the user agrees to respect the Products and the image of the mark marketing the Products. Thus the user undertakes, in all circumstances, to:
· Comply with the laws and regulations in force and not to infringe the rights
of third parties or public order.
· Respect the characteristics and constraints, notably technical, of all the services offered by Mavenful.
· Acting, communicating, expressing and writing with discernment, courtesy, and respect for others in the comments, assessments, exchanges that he can write and which will be broadcast on social networks and within the Mavenful Community.
· Collaborate with Mavenful by providing it with all the information necessary for the proper execution of the Services. Consequently, the user is prohibited from distributing, in particular, and without this list being exhaustive: Content that is pornographic, obscene, indecent, shocking or inappropriate to a family, defamatory, abusive, violent, racist, xenophobic or revisionist , Content that is harmful to third-party computer systems (such as viruses, worms, horses), Content that is detrimental to the image of a third party, false or deceptive content or that proposes or promotes illegal, fraudulent or deceptive activities Trojans, etc.) and, more generally, Content that may infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form. Failure to comply with the stipulations of this article may lead, immediately and without warning, to the deletion of the user's account.
This Service will be the subject of special conditions of sale, the member ship of which will be prior to the use of the service. Please refer to Condition of Sales.
When you use a Mavenful service or send us e-mail, SMS or other communications from your fixed or mobile equipment, you communicate with us electronically. We will communicate with you electronically by various means, such as e-mail, SMS, notification messages in the application or by posting emails or communications on the website or through other Mavenful services. You agree to receive electronic communications from us and you agree that all agreements, information, disclosures and other communications that we send to you electronically fulfill all legal obligations of written communications, unless a mandatory law Requires a different mode of communication.
The user guarantees to the Mavenful company that it has all the rights and authorizations necessary for the diffusion of the contents on the social networks and within the Mavenful community, and in particular, that these contents do not infringe the Public order, morality or the rights of third parties, infringe any legislative or regulatory provision and, more generally, be unlikely to involve the civil or criminal liability of Mavenful. In addition, the user consents to the Mavenful company the non-exclusive right of exploitation, reproduction, on any known or future medium, for the purposes of identification of the user within the Mavenful Community but also for the purposes Advertising, promotion, in France and abroad, of images, photographs, drawings, avatars, and more generally of any visual, textual or graphic publication distributed within the Mavenful Community.
Under French Law, Mavenful undertakes to ensure that the collection and processing of personal data carried out on this website are carried out in compliance with the law n 78-17 of 6 January 1978 relating to data processing, files and freedoms. The user of the website is informed that the information which it communicates due to the forms present on the Mavenful.com website are necessary to answer its request and allow the follow-up of this request. The recipients of the information communicated are exclusively limited to the company Mavenful and its partners, intended to acquaint them by reason of their missions. In accordance with Data Protection Act No. 78-17 of 6 January 1978, the data collected are kept for a limited period and proportional to the purposes for which they are used. Pursuant to Articles 39 and 40 of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms of 6 January 1978, the user has the right to access, modify, Rectification and deletion of personal data concerning him. As such, the user can exercise these rights at any time by mail to the company Mavenful, or on mavenful.com. Mavenful will do its utmost to meet the demand as soon as possible.
During the consultation of the mavenful.com website, cookies are likely to be deposited on the computer, the mobile or the tablet of the user. The use of certain cookies requires the prior consent of the user.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY.
All elements published on the mavenful.com website such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software and the other underlying technologies, are protected by the provisions of the Intellectual Property Code and belongs to the Mavenful company. Any distinctive signs on this website, such as company names, trademarks and logos, are trademarks of Mavenful Corporation or third parties or partners whose offers are presented on this site. Any reproduction or partial reproduction, modification or use of these marks, illustrations, images and logotypes, for any reason and on any medium without prior express agreement of the Mavenful company is strictly prohibited and would constitute an infringement sanctioned by the Code Of intellectual property. The user agrees to use the content of the site in a strictly private setting. Use for commercial purposes is strictly prohibited. The user requests the prior authorization of the Mavenful company for any reproduction, publication, copy of the different contents.
7. REFERENCES AND LINKS.
Hyperlinks are provided to the user referring to partner sites or third-party sites. To the extent that Mavenful can not control these sites, Mavenful disclaims any responsibility for the information contained on these sites. The company Mavenful can not be responsible in particular for the modifications or updates of these sites or any dysfunction of them. Mavenful can not be held liable for direct or indirect damage related to navigation or downloading on hypertext links published on this website.
The use of this website implies knowledge and acceptance by the user of the characteristics and limits of the Internet and related technologies. The Mavenful company can not be held liable for any damage whatsoever resulting from a connection to this website that the user performs under his sole responsibility. As such, Mavenful disclaims all liability in the event of misuse or incident related to the use of the device, access to the Internet, maintenance or malfunction of servers, telephone line or any other technical connection, and the sending of the forms to an incorrect or incomplete address, any computer errors or defects found on the site. In addition, Mavenful strives to provide accurate and up-to-date information on the site. However, Mavenful can not be held responsible for inaccuracies or omissions on its site mavenful.com
9. USER GUARANTEES.
The User warrants Mavenful against any and all claims, claims, actions and / or claims that Mavenful may suffer as a result of any breach by the User of any of its obligations or warranties under these terms General. It undertakes to compensate Mavenful for any prejudice suffered by it and to pay to it all costs, charges and / or convictions which it may have to bear as a result.
10. MEMBER SHIP.
Acceptance of these general conditions is indicated by a check-box in the registration form. This acceptance can only be complete and complete.
The Mavenful Member Platform will be exclusively used to form the agreement between the parties. The Sign-up Form (that shall be found on the member platform) together with the General Terms and Conditions and the acceptance into the program will together constitute the framework agreement between the parties. In case of a conflict between the Sign-up Form and the GTC, the GTC should prevail.
· The Agreement concerns the participation of the Member in the Member Program. To this
end, Mavenful shall make a selection of Advertising Materials available to the Member via the Member Platform for Member to place on the Member Media.
· The Member shall be solely responsible for placing Advertising Materials on the Affiliate
Media. Subject to the rights of Mavenful under this Agreement, the Policies, all applicable laws, as well as to Mavenful's absolute right to direct the use of, suspend or terminate the use of Advertising Materials and of this Agreement, advertising materials should be placed on the Member Media for a minimal period of time that is specified in the advertising campaign description. The Member may only place Advertising Materials on the Member Media provided that such the Member Media has been registered with and approved by Mavenful, which approval may be withdrawn at any time with respect to the General Conditions of Use, without penalty to Mavenful.
· In return for a Successful Sale, the Member shall be entitled to the Commission as agreed
on the contract previously formed.
· The Member Program shall not establish any other contractual relationship between the
Parties beyond that which is envisaged in this Agreement.
· The Affiliate's own terms and conditions as well as any other terms shall require the
express written consent of Mavenful and shall therefore not be applicable even if Mavenful is notified thereof and does not object to their validity.
· The Member is prohibited from modifying the Advertising Materials and
content accessed via the Member Platform or using such materials other than as expressly provided for under this Agreement.
· The Member shall be responsible for the content and routine operation of the Affiliate
Media. The content placed on the Member Media shall respect to Conditions of Use.
· The Member may not create, maintain or in any way, directly or indirectly, take any part
or be associated with any websites/apps that may lead to risk of confusion between the Member or the websites/apps with the Platform. Furthermore, the Member may not create the impression that the Member Media is a project of Mavenful or that its operator is economically linked to Mavenful in any way or that there is any relationship or affiliation between the Member and Mavenful that goes beyond the Mavenful Member Program and this Agreement. In particular, but not limited thereto, the Member may neither mirror the Platform, copy graphics, texts or other Platform content, crawl any parts of the Platform or use any materials or content from the Platform or Mavenful (or those of Mavenful parents or subsidiaries) logos or brands in connection with the Member Program.
· Advertising Mavenful through social media activities (including but not limited to
Facebook, Pinterest, Twitter) must be expressly approved by Mavenful and may not include any Mavenful trademarks, or display misleading content (i.e. that may not look like official Mavenful social media activities) and any social media activities through the Facebook platform must be run through a "Fan Page" only and not through a "Personal Page" in accordance with Facebook policy.
· The Member shall not set up campaigns on third party the Member Networks. The
Member is only allowed to direct its own traffic and/or its own sub member traffic in case of networks, to the Platform. The Member shall warrant that it will set cookies only if the Advertising Material is in visible use on the Member Media and the user Clicks voluntarily and consciously. The use of layers, add-ons, iFrames, pop-up, pop-under, site-under, auto-redirect advertisements which automatically redirect the user to the Platform without the userfs engagement or action (e.g. click, touch), cookie dropping, postview technology, misleading advertisements that result in misleading clicks that display expected content, etc., are strictly prohibited. Actions by the Member that result in forced installations of the App are prohibited. For clarification purposes, forced-installation also includes the act of not asking for permission before initiating a download/ redirect.
· The use of offers, creative or brand names for competitions, lotteries and similar
activities is prohibited.
· Where so approved by Mavenful, the Member may promote vouchers created explicitly
for affiliates or communicated by means of the affiliates newsletter. The promotion of other vouchers, including but not limited to customer newsletters, print advertisements or customer service contacts, is prohibited.
· Any breach, by the Member of its obligations under this Agreement or any intellectual
property rights of Mavenful or third parties shall entitle Mavenful to terminate this Agreement for good cause. This shall not affect any additional claims against the Member to which Mavenful may be entitled. Mavenful shall be entitled to withhold or cease all and any services related to the Affiliate.
· If so requested by Mavenful, the Member shall remove Mavenful advertising material
without delay from the Member Media.
· Member hereby agrees on its behalf and on behalf of sub-affiliates to release Mavenful
(and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Member Media, provided such release will not apply where actual claims, demands or damages arise due to the Advertising Media or Mavenful's fraud, negligence or wilful misconduct.
· The Member will defend, indemnify and hold harmless, and at Mavenful's option defend
against, Mavenful and its employees, directors, agents and representatives, from and against any and all liens, damages, losses, liabilities, obligations, penalties, Claims, litigation, demands, defences, judgements, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including third party claims, reasonable attorneyfs fees, consultantsf fees, experts' fees and other costs of litigation) arising out of, or related to the Affiliate, any sub-member or the Member Media, any actual or alleged infringement of any intellectual property rights, taxes (duties, fees and other charges, etc.), the failure to collect or pay taxes, etc. If, for its legal defense, Mavenful requires the Member to provide information or explanations, the Member shall be obliged to make the same available to Mavenful no later than three (3) days thereafter and shall also provide reasonable support to Mavenful in its legal defense.
· The Member covenants that it has and will maintain all licenses, permits, approvals,
registrations or the like, to perform the matters contemplated under this Agreement and that it shall carry out this Agreement in compliance with all applicable laws in France and any other applicable jurisdiction.
· Without prejudice to other rights or remedies available to Mavenful, if Mavenful
Determines that the Member is not in compliance with any requirement or restriction under this Agreement, including but not limited to those relating to the prohibited content in this clause, or if there are technical errors, such as improper link formatting, by the Affiliate, the Member agrees that it shall forfeit the Commission otherwise payable under this Agreement and Mavenful reserves the right to deem as Chargeback: (i) any pending payment owed to the Affiliate, (ii) the total amount of the Commission for the period the non-compliance was identified, and (iii) any future payout earned by the member deemed to have originated from the non-compliance. In addition, in case of non-compliance of any obligations under this clause by a sub-member to the Affiliate, a penalty equivalent to 100% of the Commission may be applied by Mavenful to the Affiliate.
14. SERVICES BY MAVENFUL.
· The Member shall be provided with advertising materials updated at regular
intervals in line with the product range and seasonal influences. The Member may request customized formats or newsletter templates.
· Mavenful shall operate the Platform, the Member Platform and the services
offered thereon, such as the provision of product feeds, on a best efforts basis. Mavenful shall not be required to provide error-free and interruption-free availability of the Platform or the Member Platform. The level of quality and the correctness of Product descriptions on the Platform and on the Advertising Materials, csv files, etc. provided on the Member Platform, shall fall within the exclusive discretion of Mavenful.
· All activities of the Member shall be logged via the Member Platform tracking
system and made accessible to the Member via statistics and reports.
· The Member shall be entitled to receive the Commission as agreed on signed
contract, by its active promotion of Mavenful on the Member Media.
· Any typographical clerical or other error or omission in the Advertising Media or
other Mavenful document shall be subject to correction without any liability for Mavenful.
· Any claim of Member under the Agreement must be notified to Mavenful within
ninety (90) days from the time the claim became known, or should have become known, to the Affiliate. For the avoidance of doubt, Mavenful will not be liable for any claim made by Member after said deadline.
Mavenful shall pay the Member a Commission on Successful Sales according to
agreement stipulated on signed contract. In some cases, the commission shall be paid by the brand itself at the end of the month which will be specified in the Advertising Campaign description.
This website and these legal notices are subject to French law. Any dispute relating to the interpretation or execution of these GTC shall be submitted to the jurisdiction of the competent Paris courts.