Affiliate Program Terms and Conditions

1. Program Overview

The Program allows approved affiliates to earn commissions by referring customers to our website through unique referral links or affiliate codes provided by the Company.

Commissions are paid when referred customers complete eligible purchases under the rules set out in this Agreement.

2. Eligibility

• You must be at least 18 years old (or the age of majority in your jurisdiction) to participate.
• You must operate a legitimate website, social media presence, or marketing platform.
• You must not be an employee, contractor, or immediate family member of an employee of the Company.
• For affiliates operating in France: You must be registered as an auto-entrepreneur, freelancer, or company and provide your SIRET/SIREN number, or alternatively be enrolled and verified through Stripe Connect Express where available.
• The Company reserves the right to approve or reject any application at its sole discretion, with or without cause.
• New affiliates have a 14-day cooling-off period from enrollment to withdraw from the Program without penalty.

3. Enrollment Process

• To apply, you must complete the affiliate registration process on our Website.
• We may request additional information to verify your identity, promotional methods, and compliance with anti-money laundering regulations (LCB-FT).
• For French affiliates: You must provide your SIRET/SIREN number and proof of business registration, or alternatively complete Stripe Connect Express onboarding and verification where available.
• If your application is approved, you will receive access to your unique affiliate code or referral link.
• You are responsible for maintaining accurate account information, including your contact, payment details, and IBAN for SEPA transfers (EU affiliates).

4. Affiliate Responsibilities

You agree to:

• Promote our products or services in a lawful, ethical, and truthful manner.
• Avoid any misleading, deceptive, or false claims about the Company or its offerings.
• Clearly disclose your affiliate relationship with the Company in accordance with applicable laws (including GDPR disclosure requirements for EU affiliates).
• Comply with GDPR when collecting or processing personal data through promotional activities.
• Not use spam, unsolicited emails, or automated bots to promote links.
• Not bid on our brand name or domain in paid search ads.
• Not impersonate the Company or claim to represent us in any official capacity.
• Not post affiliate links on coupon or deal sites without prior written approval.
• Maintain proper business records for at least 5 years as required by French tax law.

The Company may monitor your promotional activity and request removal of any material it deems inappropriate.

5. Affiliate Links and Tracking

• Each affiliate will receive a unique referral link or code to track referred customers.
• Tracking is handled through cookies and system logs in compliance with GDPR and ePrivacy Directive.
• Attribution window: 45 days from first click using a last-click attribution model.
• Only purchases made through properly tracked affiliate links within the attribution window will qualify for commissions.
• The Company is not responsible for tracking failures caused by user privacy settings, browser issues, or ad blockers. In case of tracking disputes, affiliates may submit a written dispute within 30 days.
• Cookie durations and tracking methods are subject to change with 30 days advance notice.

6. Commission Structure

• The base commission rate is 5% of the net revenue from each qualifying purchase.
• "Net revenue" is defined as the gross sale amount minus: returns and refunds, sales tax and VAT, payment processing fees, chargebacks, and applied discount codes (unless otherwise specified).
• Additional or custom commission rates may be offered at the Company's discretion.
• Commissions are calculated after discounts, refunds, taxes, and transaction fees.
• Orders canceled, refunded, or disputed will not generate commissions.
• The Company reserves the right to adjust commission rates or rules with 7 days advance written notice. Reductions in commission rates will not apply to sales already in progress during the notice period.

7. Payment Terms

• Payouts are processed by the 15th of each month for commissions earned in the previous month.
• Commissions have a 14-day pending approval period from the sale date to account for potential refunds and chargebacks.
• The minimum payout threshold is €20 EUR (or equivalent currency). Balances below that amount will carry over until the threshold is reached.
• Payment Methods:
  • Stripe Connect Express (default): Available to all affiliates worldwide. Payments are processed through your Stripe Connect Express account.
  • Direct SEPA Bank Transfer: Available to affiliates based in the EU/EEA with a valid business registration number (e.g., SIRET/SIREN for France, Handelsregisternummer for Germany, KVK for Netherlands, etc.). You must provide a valid IBAN and may be required to issue invoices for commission payments in accordance with local commercial law.
• You are responsible for providing and maintaining accurate and complete payment information. If a payment cannot be processed due to incorrect or outdated information, we will notify you using the contact details associated with your account. You will have 90 days from the date of the failed payment to update your payment information and request re-issuance of the payment.
• If you do not provide valid payment details within this 90-day period, the commission associated with the failed payment may be permanently forfeited, and we will have no further obligation to issue the payment.
• The Company is not responsible for delays or errors due to incomplete or inaccurate information.
• Any applicable transaction or processing fees may be deducted from the payout.

7A. Payment Processing and Compliance

7A.1 Payment Infrastructure

The Company offers two payment methods for affiliate commissions:

• Stripe Connect Express (Default): All affiliate payouts are processed securely through Stripe Connect Express, an authorized payment institution regulated by the ACPR (Banque de France). Each affiliate must complete the Stripe onboarding process to provide required KYC information (identity, banking details, and, where applicable, tax identification). Euphony AI does not collect or store banking data directly.
• Direct SEPA Bank Transfer: Available to affiliates based in the EU/EEA who provide a valid business registration number (e.g., SIRET/SIREN for France, Handelsregisternummer for Germany, KVK for Netherlands, etc.). Affiliates using this method must provide their IBAN and may be required to issue invoices for payments in accordance with their local commercial law.

Both payment methods ensure secure, compliant, and timely processing of commissions in accordance with French and EU regulations.

7A.2 Legal Compliance

For Stripe Connect Express users: Stripe Connect performs all anti-money-laundering (LCB-FT) and Know-Your-Customer (KYC) checks in compliance with French and EU regulations (Directive (UE) 2015/849). Payments are made only to verified accounts after Stripe validation.

For direct SEPA transfer recipients: Euphony AI performs KYC/AML due diligence in accordance with French anti-money laundering regulations (Articles L. 561-1 et seq. of the French Monetary and Financial Code). This includes:

• Verification of business registration documents (SIRET/SIREN or equivalent EU/EEA business registration)
• Identity verification of the business owner or authorized representative
• Verification of banking details (IBAN validation)
• Assessment of the legitimacy of promotional methods and traffic sources
• Ongoing monitoring for suspicious activity patterns

Affiliates who fail verification within 30 days of the request will not receive payouts until verification is completed. The Company reserves the right to request additional documentation at any time to maintain compliance.

7A.3 Obligations of Affiliates (France / EU)

Affiliates based in France or the EU must:

• Declare all commissions as professional income to their local tax authority.
• Provide a valid business identification number (e.g., SIRET/SIREN for France, or equivalent for other EU/EEA countries) if using direct SEPA transfers, or operate through a registered Stripe Connect Express account.
• Issue an invoice if legally required under their tax status.
• Keep accurate records of earnings for at least five (5) years.

7A.4 Company Accounting Obligations

Euphony AI records all affiliate commissions as "Marketing / Advertising Expenses" in its accounting system and retains payment proofs, invoices, and Stripe transfer receipts for 10 years in compliance with French commercial law.

The Company does not act as an employer or payroll entity for affiliates and is not responsible for their individual tax or social declarations.

7A.5 Chargebacks & Clawbacks

If a sale linked to an affiliate is refunded or disputed after payout, the Company may automatically deduct the corresponding commission from the affiliate's next payment or request repayment within 30 days.

7A.6 Unclaimed Funds

If an affiliate's Stripe account remains inactive or unverified for more than 180 days, unpaid commissions will be canceled and returned to the Company.

8. Refunds and Chargebacks

If a referred order is refunded, canceled, or charged back within 14 days of the sale, any related commission will be deducted from your balance or future payouts.

This 14-day grace period protects both parties from normal customer refund behavior while ensuring fair commission calculations.

9. Taxes and Compliance

You are solely responsible for reporting and paying all taxes related to your affiliate earnings, including income tax, VAT (if applicable), and social contributions.

The Company will not provide tax advice or withhold taxes unless required by law.

For French affiliates: You must comply with French tax regulations, maintain records for at least 5 years, and declare all affiliate income to French tax authorities.

The Company will provide annual earning statements to assist with tax reporting. VAT treatment will be determined based on your business status and location.

10. Intellectual Property

• You may use our brand name, logos, and promotional materials solely for the purpose of promoting our services as an affiliate.
• You may not alter or modify our assets in any way without prior written permission.
• All rights not expressly granted are reserved by the Company.

11. Confidentiality and Data Retention

You may have access to confidential or proprietary information (e.g., performance data, customer details, or internal metrics).

You agree not to disclose or misuse this information for any purpose other than your participation in the Program.

Upon termination of the affiliate relationship, all confidential information must be deleted or returned to the Company within 30 days.

12. Termination

Either party may terminate participation in the Program by providing 30 days written notice to the other party.

The Company may suspend or terminate your account immediately for cause if you:

• Materially violate these Terms
• Engage in fraud, abuse, or illegal activities
• Damage or attempt to damage the Company's reputation
• Fail to comply with applicable laws or regulations

Upon termination, commissions earned in accordance with these Terms prior to termination will be paid according to the normal payment schedule, unless the termination was due to fraud or material breach.

Only commissions directly related to fraudulent or illegal activities may be forfeited.

13. Modification of Terms

The Company reserves the right to modify these Terms with reasonable notice. Updated versions will be posted on this page with a new "Last Updated" date.

For minor administrative changes: Continued participation after notification constitutes acceptance.

For material changes (such as significant commission rate reductions, payment term modifications, or changes to core obligations): We will notify you by email at least 60 days in advance and require your explicit acceptance to continue participating in the Program.

14. Limitation of Liability

To the fullest extent permitted by law:

• The Company will not be liable for indirect, incidental, or consequential damages arising out of your participation in the Program.
• The Company's total liability will not exceed the total commissions paid to you in the previous six (6) months.

15. Independent Contractor Status

Affiliates are independent contractors and not employees, agents, or partners of the Company.

You have no authority to bind the Company or make commitments on its behalf.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with French law, without regard to conflict of laws principles.

Where applicable, EU regulations (including GDPR, Digital Services Act, and Consumer Rights Directive) shall apply.

Any disputes arising from these Terms shall be resolved exclusively in the competent commercial courts of Paris, France.

17. Contact

For questions or concerns about the Affiliate Program or these Terms, please contact us at: support@euphonyai.fr

18. Data Protection and Privacy (GDPR)

Data Controller: EUPHONY AI acts as the data controller for affiliate personal data processed under this Program.

For complete information about how we collect, use, and protect your personal data, please review our Privacy Policy at: https://hohohocall.com/privacy

Legal Basis: We process your personal data based on contract performance (Article 6(1)(b) GDPR) and legitimate business interests.

Data Collected: Name, email, payment information, SIRET/SIREN (for French affiliates), performance metrics, and promotional activity data.

Data Retention: We retain your data for 5 years after your last activity, as required by French tax law and accounting regulations.

Your Rights under GDPR: You have the right to:

• Access your personal data
• Rectify inaccurate data
• Request erasure (right to be forgotten) subject to legal retention requirements
• Data portability
• Object to processing
• Lodge a complaint with CNIL (French data protection authority)

Data Transfers: If data is transferred outside the EU/EEA, we ensure adequate safeguards are in place (Standard Contractual Clauses or equivalent).

Contact for Data Protection: For privacy-related requests, contact us at privacy@hohohocall.com

Supervisory Authority: CNIL (Commission Nationale de l'Informatique et des Libertés) - www.cnil.fr

19. Dispute Resolution

In the event of any dispute regarding tracking, commissions, payments, or interpretation of these Terms, the following process applies:

1. Written Notice: The disputing party must submit a detailed written dispute notice within 30 days of the issue arising to support@euphonyai.fr.
2. Company Investigation: The Company will investigate and respond in writing within 14 business days.
3. Direct Negotiation: Both parties will attempt to resolve the dispute through good-faith negotiation for a period of 15 days.
4. Mediation: If direct negotiation fails, both parties agree to participate in mediation with a neutral mediator before pursuing litigation.
5. Litigation: Only if mediation fails may either party pursue legal action in the competent courts of Paris, France.

Note: This dispute resolution process does not affect your right to contact CNIL for data protection matters or other regulatory authorities for specific complaints under applicable law.

20. Force Majeure

Neither party shall be held liable for failure or delay in performing obligations under these Terms due to circumstances beyond their reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, or epidemics
• War, terrorism, riots, or civil unrest
• Government actions, regulatory changes, or legal restrictions
• Internet or telecommunications failures
• Cyberattacks or data breaches despite reasonable security measures
• Strikes or labor disputes (not involving the party's own employees)

The affected party must notify the other party promptly and make reasonable efforts to resume performance as soon as possible.

If force majeure continues for more than 90 days, either party may terminate this agreement without penalty.

21. Anti-Money Laundering (LCB-FT) Compliance

In accordance with French anti-money laundering regulations (Lutte Contre le Blanchiment et le Financement du Terrorisme), the Company reserves the right to:

• Request identity verification documents (passport, national ID, proof of address)
• Verify the legitimacy of your promotional methods and traffic sources
• Request documentation regarding the source and nature of your website traffic
• Suspend or terminate accounts showing suspicious activity patterns
• Report suspicious activities to relevant authorities as required by law

Affiliates must cooperate fully with such verification requests within 14 days. Failure to provide requested documentation may result in account suspension or termination.

22. Acceptance

By submitting your affiliate application or continuing to participate in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.