General Terms and Conditions of the Affiliate Program
GENERAL CONDITIONS OF THE AFFILIATION PROGRAM
Under the trade name Porn Site Manager, the company Studio Presse sarl publishes and operates online adult entertainment services.
It offers a partnership to website operators (hereinafter referred to as “the Partner”) for the purpose of promoting its activities.
Studio Presse sarl is located at 81 rue Réaumur, 75002 Paris, France, registered with the Paris Trade and Companies Register under number B 434 996 419, and identified for VAT purposes under number FR60434996419.
The Partner operates a website that attracts traffic interested in gay adult services and wishes to promote the company’s video-on-demand (VOD) websites on their own site or on social networks, through hyperlinks or advertising banners.
ARTICLE 1 - PURPOSE :
The purpose of this agreement is to define the terms and conditions under which the Partner agrees to promote the company’s websites on their own platforms, through any agreed means, including hyperlinks, banners, or promotional pages.
ARTICLE 2 - OBLIGATIONS OF THE COMPANY :
2.1. The company undertakes to pay the Partner the remuneration set out in Article 4, together with all applicable taxes.
2.2. The company shall provide the Partner with access to its sales and traffic data via an online reporting interface.
2.3. Additional services may be agreed upon between the parties under specific agreements, which shall be governed by this contract and any annexes thereto.
ARTICLE 3 - OBLIGATIONS OF THE PARTNER :
3.1. This agreement may only be entered into with a Partner who is of legal age and, if residing in France, holds a valid SIREN and/or SIRET number and can provide a URSSAF certificate, issued within the past six months, confirming that they are up to date with their social contributions.
3.2. The Partner is solely responsible for the content of their website and for any damage resulting from its use or display.
3.3. The Partner shall refrain from any form of spam (emails, forums, discussion groups, etc.) for the purpose of promoting the company’s services.
3.4. The Partner is solely responsible for the creation, management, updating, and modification of their website.
3.5. The Partner agrees to comply with Netiquette in promoting the company’s services. Any breach of this obligation will result in the immediate termination of this agreement without compensation.
3.6. The Partner shall not mislead end users regarding the prices of the company’s services. Any breach of this obligation will result in the immediate termination of this agreement.
3.7. The Partner undertakes to promote the company’s services only on websites whose content complies with the legislation of the country in which they operate.
ARTICLE 4 - REMUNERATION :
4.1. The standard commission rate applicable to untaxed VOD purchases is 35%. This rate and the duration of revenue sharing may be adjusted by mutual agreement between the company and the Partner as part of bilateral negotiations.
4.2. Statistics relating to traffic and sales generated via the Partner’s affiliate account are available online in their affiliate interface.
4.3. Should any applicable tax rate be modified or a new tax introduced during the term of this agreement, the total commission payable shall be adjusted accordingly.
4.4. Payments to the Partner shall be made by bank transfer within thirty (30) days following the end of the relevant month.
4.5. The Partner has a rolling twelve (12)-month period to claim any due payments. After this period, any unclaimed amounts shall be permanently forfeited to the company.
Article 5 – Partner Website Content
5.1. The Partner represents and warrants that all materials, services, and content available on their website do not infringe any third-party intellectual property rights and comply with all applicable laws and regulations, particularly those in force in France.
5.2. The company may suspend, without notice, and/or immediately terminate this agreement if the content, services, or any other materials on the Partner’s website fail to meet these conditions. The company may also terminate this agreement without notice if the primary nature or purpose of the Partner’s website is substantially modified without its prior authorization.
ARTICLE 6 - SECURITY AND CONFIDENTIALITY :
6.1. The Partner is solely responsible for the security of data stored on their own system and for any unauthorized access thereto.
6.2. The Partner undertakes to observe strict confidentiality and not to disclose any documents or information provided by the company under this agreement to third parties.
ARTICLE 7 - RELATIONS BETWEEN THE PARTIES :
The parties act as independent contractors.
This agreement shall not be interpreted as creating any partnership, joint venture, or agency relationship between them.
Neither party may bind the other in any manner whatsoever, except as expressly provided in this agreement.
ARTICLE 8 - INTELLECTUAL PROPERTY RIGHTS :
All intellectual property rights and technical solutions related to the graphical elements, tools, or materials provided by the company remain the exclusive property of the company. The Partner may only use them under the conditions set forth in this agreement.
ARTICLE 9 - DURATION OF THE AGREEMENT :
9.1. This agreement is entered into for an indefinite duration.
9.2 9.2. It may be terminated at any time by either party, subject to three (3) months’ prior notice, notified by email or by postal mail.
ARTICLE 10 - EARLY TERMINATION OF THE AGREEMENT :
Article 10 – Early Termination
10.1. In the event of a breach by either party of any of its contractual obligations, this agreement may be terminated automatically at the request of the other party, fifteen (15) days after formal notice sent by registered mail with acknowledgment of receipt has remained unanswered.
10.2. The termination of this agreement shall not affect any rights or obligations which, by their nature, are intended to survive termination, including but not limited to those relating to confidentiality, intellectual property, limitation of warranty, and liability.
ARTICLE 11 - MISCELLANEOUS :
11.1. Force majeure: neither party shall be held liable for any delay or failure in the performance of its obligations resulting from a case of force majeure, understood as an external, unforeseeable, and irresistible event making performance impossible.
11.2. The company reserves the right to assign or transfer, in whole or in part, the rights and obligations arising from this agreement to a third party, in any form whatsoever.
11.3. Any dispute relating to the formation, interpretation, or performance of this agreement shall fall under the exclusive jurisdiction of the Commercial Court of Paris.
CONDITIONS GENERALES PRODUCTEURS & REALISTEURS
The conditions of use of the platform relating to the exploitation of videos or the creation and operation of dedicated sites are the subject of a specific contract which is not yet available online. To find out more, please contact us by e-mail.