Purpose of the agreement
These terms govern the referral programme offered by C&V Baby in Provence (hereinafter 'the Provider') to tourism and accommodation professionals in Provence (hereinafter 'the Partner').
The Partner recommends the Provider's baby equipment rental services to their clients via a personalised referral link. In return, the Partner receives a commission on bookings generated.
This agreement constitutes a business introducer contract under French commercial law. It creates no employment relationship, exclusivity, or mandate between the parties. The Partner has no authority to negotiate or enter into contracts on behalf of the Provider.
Identification of the parties
The Provider:
C&V Baby in Provence
17 chemin de la Marianne, 13560 Senas, France
Email: cv.bebeenprovence@hotmail.com
The Partner:
Identified by the information provided during registration (name, company, email, phone, SIRET number). The Partner guarantees the accuracy of this information and undertakes to update it if any changes occur.
Commission and calculation basis
The Partner receives a commission of 5% calculated on the rental amount excluding tax, after application of any degressive discounts.
The following are excluded from the calculation basis:
- Delivery fees
- Deposit amounts
- Any damage fees
Example: for a rental of 131.25 EUR (after discount), the commission is 131.25 EUR x 5% = 6.56 EUR.
The commission is calculated automatically when the client's payment is confirmed.
Attribution and cookie duration
Booking attribution to the Partner is based on a unique referral link in the format: https://cvbebeenprovence.fr/ref/[partner-identifier]
When a visitor clicks this link, a session identifier is recorded for a maximum of 30 days (subject to the visitor's cookie consent). Any booking made within this period is attributed to the Partner.
Attribution model: first click. If a visitor has previously clicked another partner's link, the first partner is credited.
Payment terms
Commissions are paid by bank transfer once a month, the month following the relevant period.
A monthly summary is sent by email to the Partner on the 1st of each month.
Minimum payout threshold: 10 EUR. Below this threshold, commissions roll over to the following month and accumulate until the threshold is reached.
If a booking is refunded, the corresponding commission is cancelled. If the commission has already been paid, it is deducted from the next payment.
Partner obligations
The Partner undertakes to:
- Promote the Provider's services loyally and in line with the C&V Baby in Provence brand image
- Clearly identify the commercial nature of any public recommendation (article 20 of the LCEN and Directive 2005/29/EC), for example by stating 'C&V Baby in Provence partner' or 'Affiliate link'
- Not use unfair promotion techniques, including: cookie stuffing, misleading advertising, spam, purchasing keywords on the Provider's brand name
- Not use their own referral link for personal bookings
- Provide a valid SIRET number for commission invoicing
- Comply with applicable regulations, particularly the GDPR regarding their own clients' data
Provider obligations
The Provider undertakes to:
- Provide the Partner with a unique and functional referral link
- Calculate commissions transparently and automatically
- Send a monthly summary by email
- Pay commissions within the agreed timeframe
- Inform the Partner of any changes to these terms with 30 days' notice
Non-reclassification
The parties expressly acknowledge that this agreement constitutes a business introducer contract and not a commercial agent contract within the meaning of articles L134-1 et seq. of the French Commercial Code.
Accordingly, the Partner expressly waives any claim for end-of-contract compensation provided for in article L134-12 of the French Commercial Code, as this provision does not apply to the business introducer relationship.
The Partner acts independently and has no authority to represent the Provider.
Duration and termination
This agreement is entered into for an indefinite period from the date the Partner accepts these terms.
Either party may terminate the agreement at any time, without cause, with 15 days' notice sent by email.
In the event of a serious breach by the Partner (particularly unfair practices, cookie stuffing, self-referral), the Provider reserves the right to terminate the agreement without notice and suspend pending commission payments.
Upon termination, the Partner retains the right to commissions earned on bookings already confirmed, provided they are not subject to a refund.
Personal data protection
The Partner's personal data (name, company, email, phone, SIRET) is processed by the Provider for the management of the affiliate programme, on the basis of contract performance (article 6.1.b of the GDPR).
Retention periods:
- Contractual data: duration of the partnership + 5 years (article 2224 of the French Civil Code)
- Commission data: 10 years after the end of the financial year (article L123-22 of the French Commercial Code)
The Partner has the rights of access, rectification, erasure, portability, objection and restriction of processing. To exercise these rights: cv.bebeenprovence@hotmail.com
For more details, please refer to the website's privacy policy.
Applicable law and jurisdiction
This agreement is governed by French law.
In the event of a dispute, the parties undertake to seek an amicable solution within 30 days. Failing this, the dispute shall be submitted to the competent courts within the jurisdiction of the Aix-en-Provence Court of Appeal.