GOWOD (hereinafter referred to as "GOWOD"), a simplified joint-stock company (SAS) with a share capital of €303,980, whose registered office is located at:
Parc du Millénaire – Building 22
1025 Avenue Henri Becquerel
34000 Montpellier
France
Registered with the Montpellier Trade and Companies Register under number 898 885 165,
represented by MOBILITY FIRST GROUP (Montpellier Trade Register No. 834 014 706), itself represented by TS INVESTEMENT (Montpellier Trade Register No. 887 978 575), represented by Mr. Thibaud Saline, acting in his capacity as Managing Director and duly authorized for the purposes hereof.
VAT Identification Number: FR23898885165
Contact :
Courrier : Parc du Millénaire – Bâtiment 22, 1025 Avenue Henri Becquerel à MONTPELLIER (34000)
Téléphone : +33 (0)984414915
Email : contact@gowod.app
Publishing Director : Monsieur Thibaud SALINE
Hosting Provider: Webflow
Insurance :ONLYNOV
Policy Number ORCP 21099
These General Terms and Conditions (the "Terms") govern participation in the GOWOD Affiliate Platform.
The Affiliate Platform enables professional partners only (including CrossFit affiliate owners and coaches) (the "Affiliate(s)") to promote GOWOD Premium subscriptions and, depending on the applicable partnership model, receive referral commissions on eligible sales generated through their recommendations.
Several partnership models are available through the Affiliate Platform. The applicable model is presented to the Affiliate during the registration process.
To participate in the Affiliate Platform, the Affiliate must:
GOWOD reserves the right, at its sole discretion, to approve, reject or suspend any application that does not comply with these Terms.
Once the Affiliate's account has been approved by GOWOD, the Affiliate receives:
The Affiliate acts as an independent referral partner, in its own name and under its sole responsibility.
Nothing in these Terms creates any employment relationship, agency, partnership or joint venture between GOWOD and the Affiliate.
The Affiliate has no authority to bind GOWOD toward third parties and may not claim to act on behalf of GOWOD.
Accordingly, the Affiliate shall not:
The Affiliate is authorized to promote GOWOD, and more specifically GOWOD Premium subscriptions, solely in accordance with:
The Affiliate undertakes to communicate honestly, transparently and accurately and not to make misleading statements regarding GOWOD or its services.
The Affiliate Program may include two financial benefits:
The applicable financial conditions are communicated during the Affiliate's registration.
Available partnership models include:
5.1 Commission Calculation
Where the selected partnership model includes commissions, commissions are calculated on the VAT-inclusive amount of the GOWOD Premium subscription purchased through the Affiliate's referral link and/or promotional code.
A commission is deemed earned only after successful receipt of payment from the referred customer.
If multiple Affiliates contributed to the conversion of the same customer, commissions shall be allocated according to the first-click attribution model, meaning the commission is awarded to the Affiliate whose referral link or promotional code was first used by the customer before subscribing.
5.2 Fees and Deductions
Affiliate commissions are subject to deduction of the technical fees associated with operating the Affiliate Program and processing payments through the Rewardful platform.
Applicable fees may vary depending on the payout method selected by the Affiliate.
5.3 Commission Payments
Commissions become payable 31 days after the qualifying purchase, provided that the Affiliate has reached the minimum payout threshold of USD $10.
Where required by applicable law, the Affiliate must issue an invoice before payment.
Commissions are paid through the Rewardful platform in United States Dollars (USD).
The Affiliate acknowledges and agrees that all commission payments are made exclusively in USD.
GOWOD may offset any amount owed by the Affiliate against any liquid, due and payable claim it may hold against the Affiliate, including in cases of fraud or breach of these Terms.
5.4 Excluded Commissions
No commission shall be payable in particular where:
The Affiliate agrees not to manipulate the Affiliate Program in any way, including but not limited to self-purchases, automated scripts, spam, artificial click generation, or any technique intended to fraudulently generate sales or commissions.
In particular, the Affiliate shall refrain from:
The Affiliate further undertakes to comply with all applicable laws and regulations in its country of establishment, including tax, anti-corruption and advertising regulations.
Failure to comply may result in immediate suspension or termination of the Affiliate's account, refusal of commission payments and/or recovery of commissions obtained through fraudulent means, without prejudice to any legal action or claim for damages that GOWOD may pursue.
The Affiliate undertakes to promote GOWOD honestly, transparently and in compliance with:
As part of the Affiliate's participation in the Affiliate Platform, GOWOD processes personal data relating to the Affiliate.
The terms governing the processing of such personal data are set out in the Privacy Policy attached to these General Terms and Conditions.
The Affiliate acts as an independent business referrer.
Any commissions received constitute commercial income.
The Affiliate is solely responsible for:
Where applicable, if GOWOD is held jointly liable by a tax authority for taxes or duties owed by the Affiliate, the Affiliate agrees to fully indemnify GOWOD for any amounts claimed by such authority.
GOWOD owns all intellectual property rights relating to:
All intellectual property rights remain the exclusive property of GOWOD.
Any unauthorized use of GOWOD's intellectual property may give rise to civil and/or criminal proceedings under applicable intellectual property laws.
The Affiliate agrees never to infringe GOWOD's intellectual property rights.
In particular, the Affiliate shall not adopt or use:
or any other element likely to create confusion with GOWOD or its products.
These obligations apply whether the Affiliate acts directly or indirectly, on its own behalf or on behalf of any third party.
11.1 Affiliate's Liability
The Affiliate is solely responsible for all content, communications (the "Content") and, more generally, for all actions carried out in connection with the GOWOD Affiliate Platform.
The Affiliate represents and warrants that:
The Affiliate shall indemnify and hold harmless GOWOD against any claim, action, liability, loss, damage, cost or expense arising from the Affiliate's Content or conduct.
Upon GOWOD's request, the Affiliate shall immediately remove, modify or restrict access to any Content, or cease any activity that does not comply with these Terms.
GOWOD may require such action without prior notice, compensation or justification.
11.2 GOWOD's Liability
To the fullest extent permitted by applicable law, GOWOD shall not be liable for any indirect, incidental or consequential damages, including but not limited to:
In any event, GOWOD's aggregate liability arising out of or in connection with these Terms shall not exceed the total amount of commissions actually paid to the Affiliate during the twelve (12) months preceding the event giving rise to the claim.
Furthermore, any legal action seeking to establish GOWOD's liability must be initiated within one (1) year from the date on which the Affiliate became aware, or should reasonably have become aware, of the facts giving rise to such claim.
The Affiliate authorizes GOWOD to use the following for promotional and commercial purposes:
These Business Assets may be included in GOWOD's list of affiliates and used in marketing materials distributed worldwide through any current or future communication medium, including:
The Affiliate represents that it owns, or is duly authorized to use, the Business Assets and to grant this authorization.
This authorization is granted free of charge, worldwide, for the duration of the Affiliate's participation in the Affiliate Platform and any renewal thereof, and for two (2) years following its termination, regardless of the reason for such termination.
13.1 Term
Participation in the Affiliate Platform becomes effective upon the creation of the Affiliate's Rewardful account.
The agreement is entered into for an indefinite term.
Either Party may terminate the Affiliate relationship at any time, without cause, by written notice, including by email.
Termination shall become effective upon receipt of the notice unless a later effective date is specified.
13.2 Suspension
GOWOD may immediately suspend an Affiliate's participation, without notice or compensation, if the Affiliate:
13.3 Termination for Breach
Without prejudice to any other remedy available under applicable law, GOWOD may terminate the Affiliate's participation if the Affiliate breaches these Terms, including (without limitation) Articles 3, 4, 5.4, 6, 7, 9, 10 or 14.5.
Termination shall automatically take effect eight (8) days after a formal notice requesting compliance has been sent and remains wholly or partially unremedied.
Nothing in this Article limits GOWOD's right to seek damages before the competent courts.
13.4 Consequences of Termination
Upon termination of participation in the Affiliate Platform, for any reason whatsoever:
Any provisions that are intended to survive termination, including those relating to liability, intellectual property, confidentiality and dispute resolution, shall remain in full force and effect.
14.1 Entire Agreement – Amendments
These Terms, together with the Affiliate registration form, constitute the entire agreement between GOWOD and the Affiliate and supersede all prior discussions, negotiations and agreements relating to the Affiliate Program.
GOWOD reserves the right to amend these Terms or any aspect of the Affiliate Program at any time, including eligibility requirements, commission rules, payment procedures and operating policies.
Any amendment shall become effective upon publication on the Affiliate Platform or upon notification to the Affiliate, unless otherwise specified.
Affiliates are encouraged to review the Terms regularly.
Continued participation in the Affiliate Program after an amendment becomes effective constitutes acceptance of the revised Terms.
If the Affiliate does not agree with the amendments, it may terminate its participation by sending an email to:
14.2 Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.
The Parties shall negotiate in good faith to replace the invalid provision with a valid provision that most closely reflects the original legal and economic intent.
14.3 No Waiver
Failure by either Party to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other rights.
14.4 Independent Contractors
The Parties acknowledge that they are independent contractors.
Nothing in these Terms shall be construed as creating:
14.5 Assignment
These Terms are entered into intuitu personae with respect to the Affiliate.
Accordingly, the Affiliate may not assign, transfer, subcontract or otherwise dispose of any of its rights or obligations without GOWOD's prior written consent.
Any unauthorized assignment may result in immediate termination.
GOWOD may freely assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets or any similar transaction.
These Terms shall be governed by and construed in accordance with the laws of France.
They are drafted in the English language for convenience. In the event of any inconsistency with the French version, the French version shall prevail unless otherwise required by applicable law.
The Parties shall first attempt to resolve any dispute amicably.
If no amicable settlement is reached within thirty (30) days from the first written notification of the dispute, exclusive jurisdiction shall be vested in the competent courts within the jurisdiction of the Montpellier Court of Appeal (France), including for interim or summary proceedings, notwithstanding multiple defendants or third-party proceedings.
In accordance with the applicable regulations, GOWOD (hereinafter the "Data Controller") wishes, through this Policy, to inform its partners and prospective partners, their representatives and employees (hereinafter the "Affiliates") about the processing of personal data collected in the context of their contractual relationship.
1. Who is the Data Controller?
The processing of the Affiliates' personal data is carried out under the responsibility of the following Data Controller:
GOWOD
A simplified joint-stock company (SAS) with a share capital of €303,980.00,
Registered office:
1025 Avenue Henri Becquerel, Building 22 – Parc du Millénaire,
34000 MONTPELLIER, France,
Registered with the Montpellier Trade and Companies Register under number 898 885 165,
Represented by MOBILITY FIRST GROUP (Montpellier Trade and Companies Register No. 834 014 706), itself represented by TS INVESTEMENT (Montpellier Trade and Companies Register No. 887 978 575), represented by Mr. Thibaud SALINE, acting in his capacity as Managing Director and duly authorized for the purposes hereof.
2. How is personal data processed?
The table below describes:
(i) the personal data processed by the Data Controller,
(ii) the circumstances in which such data is provided or collected,
(iii) the purposes for which the data is processed,
(iv) the legal basis for the processing, and
(v) the applicable data retention period.
Certain data is mandatory in order to enter into an agreement with the Data Controller and access the services (for example, name and email address). Mandatory fields are identified by an asterisk (*).
The requirement to provide mandatory data is based on legal or contractual obligations or is necessary for the conclusion of the agreement with the Data Controller.
Failure to provide such information will prevent the Affiliate Agreement from being concluded and access to the Affiliate Program from being granted.
By voluntarily providing optional personal data, the Affiliate expressly agrees that such data may be processed under the conditions and for all the purposes described above.
Where the Affiliate provides personal data relating to third parties, the Affiliate warrants that all necessary authorizations and consents have been obtained from the individuals concerned.
If the Affiliate's personal data is processed for purposes other than those described above, the Data Controller undertakes to inform the Affiliate and, where required by law, obtain the Affiliate's prior consent.
3. Who are the recipients of the Affiliate's personal data?
The personal data collected by the Data Controller is intended for the company's internal departments, each of which processes only the data necessary for the performance of its duties and strictly on a need-to-know basis.
The Data Controller may share certain Affiliate data with its service providers, including:
Such data transfers are strictly limited to what is necessary for these service providers to perform their respective services.
These recipients may contact the Affiliate directly using the contact details provided.
The Data Controller requires all recipients to process the Affiliate's personal data solely for the purposes of providing the services entrusted to them and in compliance with all applicable data protection laws and regulations.
Where required by law, the Affiliate's personal data may also be disclosed to legally authorized third parties, including competent judicial or administrative authorities acting under a valid legal request.
In the event that the Data Controller is involved in a merger, acquisition, transfer of assets or insolvency proceedings, it may transfer or share all or part of its assets, including the Affiliate's personal data. In such a case, the Affiliate will be informed and, where required by applicable law, their prior consent will be obtained before any transfer to a third party.
Finally, subject to the Affiliate's prior express consent, the Data Controller reserves the right to use the Affiliate's personal data directly or indirectly (including by sharing it with its partners) for commercial prospecting purposes.
Voici la dernière partie de l'Annexe 1, en conservant la structure et la numérotation d'origine.
4. How is the Affiliate's personal data stored and is it transferred outside the European Union?
The Affiliate's personal data is stored within the European Union in the databases of the Data Controller or its service providers.
Where the Affiliate's personal data is transferred outside the European Economic Area to countries that are not subject to an adequacy decision by the European Commission, the Data Controller undertakes to secure such transfers through appropriate safeguards, including the Standard Contractual Clauses approved by the European Commission.
5. How is the Affiliate's personal data protected?
The Data Controller implements appropriate organizational, technical, software and physical security measures to protect the Affiliate's personal data against alteration, destruction and unauthorized access.
However, the Affiliate acknowledges that the Internet is not a completely secure environment and that the Data Controller cannot guarantee the absolute security of the transmission or storage of personal data over the Internet.
6. What are the Affiliate's rights?
In accordance with Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation – GDPR) and the amended French Data Protection Act No. 78-17 of 6 January 1978, the Data Controller fully informs the Affiliate of the rights available to them.
Should the Affiliate require any further information, the Data Controller's dedicated department remains available to provide any necessary assistance regarding the exercise of these rights.
The Affiliate has:
The Affiliate may exercise these rights at any time by contacting the Data Controller:
By post:
GOWOD
1025 Avenue Henri Becquerel, Building 22
34000 Montpellier
France
By email:
owners@gowod.app
