General Conditions Of Affiliation: Swissfriends.ch

Article 1
SCOPE OF APPLICATION
These general conditions define the relationship between:
Comfriends SA, headquartered at 27 Chemin de Clamogne, 1170 Aubonne, the editor of the Internet site www.swissfriends.ch,  hereafter referred to as “Comfriends” and any individual person or legal entity managing an Internet site containing a link to the Comfriends Internet site, hereafter referred to as “Affiliate”.
In particular, they describe the conditions under which Comfriends will remunerate an Affiliate when the Affiliate has placed on its Internet site a link or promotional tool to the Internet site  www.swissfriends.ch (hereafter referred to as “Swissfriends.ch”) in so far as it brings new members to Swissfriends.

Article 2
REGISTRATION APPLICATION
Applications for registration are made by completing the registration form available on Swissfriends.ch. The electronic validation of these general conditions and the registration form signals the unreserved acceptance of these conditions by the Affiliate and his recognition that his electronic signature constitutes proof of this acceptance.

Article 3
ADMISSION
Any candidate for affiliation must ensure and guarantee that his site conforms to applicable Swiss law and to these general conditions, and that it does not undermine any rights of third parties notably in the area of intellectual property or image rights. Comfriends reserves the right to accept or reject any candidate’s application for affiliation with no obligation to justify its decision.
No site will be admitted to the Affiliate programme if it:
- is illegal, pornographic or defamatory in nature,
- incites any form of discrimination or extremism,
- is liable to damage the reputation of Comfriends or its commercial policy,
- does not conform to applicable Swiss law or to these general conditions or the rights of third parties.
Candidate sites with protected or restricted access (passwords, etc) must provide Comfriends with the means to ensure that the editorial content of the site conforms to the law and to the conditions stated above. Any significant modification in the content of the Affiliate site must be communicated to Comfriends within 48 hours of the modification being made by means of an e-mail to affiliation@swissfriends.ch.

Article 4
REMUNERATION
Remuneration to Affiliates is based on all initial membership registrations and renewals paid to Swissfriends that are made by clicking on a link or a banner supplied by Comfriends and displayed on the Affiliate site. The sum paid to the Affiliate is 30% (thirty percent) of the amount of the membership fee. A purchase is defined as an on-line order followed by an on-line payment.
Affiliates are also paid for an indirect purchase: this is defined as the fee paid by a person who visits Swissfriends for the first time via the affiliate, provided that the person becomes a member within 30 days after the first visit.
It is agreed that persons who refuse cookies will not be included in the calculation of payment to Affiliates. Each Affiliate has access, via his account, to the activity report on the subscriptions that have been generated for Comfriends.

Article 5
PAYMENT
From the moment that the generated commission exceeds CHF 100.00 (one hundred Swiss francs) Comfriends will send to Affiliate a summary of the subscriptions registered under the conditions defined in section 4 above. The total of the commissions is calculated from the first day of each month and paid, in principle, within 60 days. If the amount payable is less than the minimum, the payment is carried over to the following month until it reaches CHF100.00 (one hundred Swiss francs.)
For professionals, the subscriptions summary will be accompanied by a request for invoice when the amount of commissions exceeds CHF 100.00. The Affiliate will then send Comfriends a commission invoice, including VAT when applicable, based on the report supplied by Comfriends. If the Affiliate is an individual and the activity on the site is irregular (the income and the number of affiliation contracts being too low to qualify the activity as professional) the amount due will be paid at the request of the Affiliate whenever it exceeds CHF 100.00 (one hundred Swiss francs).

Article 6
CONTRACT ACCEPTANCE, DURATION AND CANCELLATION
The contract between Comfriends and an Affiliate is deemed to take effect from the moment that Comfriends indicates its acceptance of the Affiliate’s registration.
The Affiliation is contracted non-exclusively between Comfriends and the Affiliate for an undetermined period, with both parties having the right to cancel it at any time by means of an e-mail sent to the Affiliate or to affiliation@swissfriends.ch. The termination takes effect on the day after the e-mail is received.
In the event of cancellation, the Affiliate will receive, within two months, a final amount based on the sum outstanding at the date of cancellation. Any Affiliate who removes from his site the link or the banner provided by Comfriends without respecting the procedure mentioned above forfeits all rights to payment.
The contract of any Affiliate who fails to respect these general conditions of affiliation will be cancelled together with all rights to payment.

Article 7
PROPERTY
The presentation, contents, programmes, data and elements, including domain logos and names  that appear on Swissfriends.ch are protected by the applicable laws on intellectual property and are the property of Comfriends or have been authorised for use.
Their use is only permitted for private purposes in conformity with the applicable Swiss law. No element of  Swissfriends.ch may be copied, reproduced, broadcast, transmitted, sold, published modified, re-edited, altered, distributed or used in any manner whatsoever on any kind of support, either partially or entirely, without the prior written agreement of Comfriends. In no circumstances may an Affiliate make use of the Swissfriends name or logo for commercial or promotional purposes, particularly concerning the marketing or promotion of similar or competitive services. It is expressly agreed that this contract gives the Affiliate no rights concerning the programmes and data contained on Swissfriends.ch.
It is also specified that Comfriends is the owner of all information (identities, addresses etc) made available by Affiliate sites.

Article 8
AFFILIATE’S RESPONSIBILITIES
The Affiliate absolves Comfriends of any responsibility in connection with third party claims of any kind whatsoever that may arise from the contents of the Affiliate’s site.

Article 9
MODIFICATIONS TO THESE GENERAL CONDITIONS
Comfriends reserves the entire right to modify at any time all or part of these general conditions with 10 days’ notice, and to inform the Affiliates by e-mail. At the end of the notice period, such modifications become fully applicable to all Affiliates.

Article 10
APPLICABLE LAW AND JURISDICTION
The Affiliation agreement is applied exclusively under Swiss law. The competent tribunal is at Lausanne, Canton de Vaud, Switzerland.

http://www.swissfriends.ch
affiliation@swissfriends.ch