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Version of [publication date]. Translation of the French version, which prevails in case of difference.
These terms form the contract between [Company], a [legal form] with a share capital of €[ ], registered with the [ ] Trade and Companies Register under number [ ], whose registered office is at [address] ("VirtusTalent"), and any person who joins the partner program on virtustalent.com ("the Partner"). The identity details the Partner enters in their partner space are part of the contract.
The Partner presents the products sold on virtustalent.com (the "Business Boxes") to their audience, in return for a commission on the sales they generate.
By ticking the box at sign-up, the Partner confirms they are at least 18 years old and accepts these terms.
The Partner freely chooses whether to post, when, on which networks and in what form (video, Short, story, link in description…). No posting volume is required. The Partner acts independently: this contract creates no employment relationship, agency, exclusivity or partnership between the parties.
VirtusTalent gives the Partner a personal code and link. A buyer who uses the code or link gets a 10% discount. A sale is attributed to the Partner when their code or link is applied to the order and the order is paid. If the buyer followed several partners' links, the sale goes to the last one; a followed link prevails over a code entered at checkout, unless the buyer removes that code at checkout to enter another one. A link counts for 90 days if the buyer accepts measurement cookies, otherwise for their current visit only.
4.1. Direct commission: 30% of the amount excluding taxes actually paid by the buyer, after their 10% discount, for each sale attributed to the Partner.
4.2. Referral commission: 5% of the amount excluding taxes of sales attributed to the partners the Partner recruited through their referral link, on one level only. It does not reduce the recruited partner's commission. A partner can only have one sponsor, the first one recorded.
4.3. Cancelled sales: an order that is refunded, cancelled or disputed (chargeback) earns no commission; a commission already paid on such an order is deducted from later payouts.
4.4. Free box: at the Partner's request, VirtusTalent gives them free access to a Business Box so they can try it before talking about it. This benefit in kind is part of the compensation within the meaning of the French law of June 9, 2023.
4.5. Tracking: the partner space shows clicks, sales and commissions, by currency. The amounts recorded by the store are authoritative.
4.6. Payouts: every month, VirtusTalent pays the commissions on sales older than 30 days, with no minimum amount, by bank transfer or PayPal according to the details entered in the partner space. Commissions are calculated in the currency of each sale.
4.7. Taxes and contributions: amounts are paid without withholding. The Partner declares their income and pays the taxes and social contributions due in their country. If they are registered for VAT, they tell VirtusTalent and send an invoice.
5.1. Advertising disclosure: any content promoting the products carries, clearly, legibly and identifiably, for its whole duration, a disclosure that it is advertising: "Publicité" or "Collaboration commerciale" for a French audience (law of June 9, 2023), "Ad" or "#ad" for a US audience (FTC rules), or the equivalent in the audience's language and country. Affiliate links and codes are disclosed as such.
5.2. Images: an image edited to slim or enlarge the body or change the appearance of the face carries the disclosure "Image retouchée" (edited image) for a French audience; an image generated by artificial intelligence to depict a face or body carries "Image virtuelle" (virtual image).
5.3. Honesty: the Partner promises no income, no guaranteed financial result and no quick success from the products. They only present real features of the products, do not invent reviews or testimonials, and do not disparage competitors.
5.4. Prohibited practices: sending unsolicited messages (spam) to promote their code; bidding on keywords containing "VirtusTalent" in search engines; presenting themselves as VirtusTalent or speaking on its behalf; posting their code on coupon sites without written consent; buying with their own code to earn a commission; any method that distorts sale attribution.
5.5. Prohibited content: the Partner does not promote the products alongside unlawful, hateful or violent content, or content aimed at minors.
5.6. Partner based outside the European Union, the EEA and Switzerland: if they target a French audience, they appoint a legal representative in the European Union and take out civil liability insurance, as required by the French law of June 9, 2023.
VirtusTalent provides the code, the link, the partner space and ready-to-adapt content (scripts, visuals). It handles the sale, buyer payments, product delivery, VAT on sales and customer service. It pays commissions under the conditions of article 4.
7.1. For the duration of the contract and solely to promote the products, VirtusTalent grants the Partner a free, non-exclusive right to use the VirtusTalent brand, its logo, and the visuals and scripts provided. The Partner may not alter them so as to change their meaning, nor register any trademark or domain name that reproduces them.
7.2. The Partner keeps ownership of their content. VirtusTalent may only reuse it (reposting, advertising, website) with the Partner's written consent for each piece of content; an email is enough.
Each party is liable for its own breaches. The Partner is responsible for their content. Under the French law of June 9, 2023, VirtusTalent and the Partner are jointly liable for damage caused to third parties by the promotion carried out under this contract; each keeps a claim against the other in proportion to their fault.
The contract has no fixed term. Either party may end it at any time by email, without giving a reason. VirtusTalent may end it without notice if article 5 is breached, and withhold the commissions on sales obtained through that breach. Commissions on other sales made before termination remain due and are paid under article 4.6. When the contract ends, the code is deactivated and the Partner removes the links and codes from their new content.
VirtusTalent may change these terms by notifying the Partner by email at least 30 days in advance. A Partner who does not accept the new version may end the contract before that date; earlier sales remain governed by the version they accepted.
The Partner's data (identity, contact details, payment method, sales) is processed by VirtusTalent to perform this contract and meet its accounting and tax obligations, in accordance with the virtustalent.com privacy policy.
This contract is governed by French law. The parties first seek an amicable solution. Failing that, the dispute is brought before the court with jurisdiction under general rules. If the Partner is based outside France, this does not deprive them of the mandatory protections of their own country's law. In case of difference between the French version and a translation, the French version prevails.