Publisher:
The company GOWOD (hereinafter “GOWOD”), a simplified joint-stock company with share capital of EUR 303,980, whose registered office is located at Parc du Millénaire – Building 22, 1025 Avenue Henri Becquerel, MONTPELLIER (34000), 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, in his capacity as Managing Director , duly authorized for the purposes hereof.
Individual VAT identification number: FR23898885165
Contact Information:
Mailing address:
Parc du Millénaire – Building 22,
1025 Avenue Henri Becquerel,
MONTPELLIER (34000), France
Telephone: +33 (0)984414915
Email: contact@gowod.app
Publishing Director: Mr. Thibault SALINE
Hosting Provider: Webflow
Insurer:
Policy Number: ORCP 21099Contact: ONLYNOV
These terms and conditions (hereinafter the “General Terms and Conditions”) define the terms and conditions governing participation in the GOWOD Partner Program.
This program enables professional partners only (coaches and trainers, healthcare professionals, professional content creators, gym owners or community managers, professional athletes and sports practitioners) (hereinafter the “Partners”) to recommend GOWOD Premium services and, depending on the applicable partnership model, receive a referral commission on the sales generated.
The GOWOD Partner Program provides for several partnership models, which are described in greater detail during the Partner’s registration for the Program.
To participate in the Program, the Partner must:
GOWOD reserves the right to accept, reject, or suspend any application to join the Program, in particular where such application fails to comply with the requirements set out in these General Terms and Conditions.
Once the account has been approved by GOWOD, the Partner will receive a personal affiliate link and a promotional code enabling identification of sales generated through the Partner’s recommendations.
The Partner acts as an independent referral agent (business introducer), in its own name and under its sole responsibility, without any relationship of subordination. The Partner shall have no authority to bind GOWOD vis-à-vis third parties and may not claim any mandate, right of representation, or agency relationship.
Accordingly, the Partner is expressly prohibited from, in particular:
The Partner is authorized to promote the GOWOD solution, and more specifically GOWOD Premium services, solely in compliance with these General Terms and Conditions, the Ethics Charter, applicable laws and regulations, and the GOWOD brand image.
The Partner undertakes to communicate in a fair, transparent, non-misleading manner and in a way that accurately reflects the services offered by GOWOD.
The applicable financial terms are based on two levels:
These financial terms are detailed during the Partner’s registration for the GOWOD Partner Program and vary depending on the partnership model selected.
5.1 Commission Calculation – Accrual
Where the applicable partnership model provides for a commission, such commission shall be calculated based on the VAT-inclusive amount (TTC) of the GOWOD Premium subscription purchased by the converted prospect through the Partner’s affiliate link and/or promotional code.
The commission shall only be deemed earned subject to successful receipt of payment made by the converted prospect.
Where multiple Partners have contributed to the conversion of the same prospect, the commission shall be allocated pursuant to the “first-click” rule, meaning the commission shall be attributed to the Partner whose affiliate link or promotional code was first used by the prospect prior to the effective subscription to GOWOD.
5.2 Fees and Deductions
Commissions paid shall be reduced by the technical fees associated with the operation of the affiliate program and payment processing through the Rewardful platform.
Such fees depend in particular on the payment method selected by the Partner.
5.3 Payment of Commissions
Generated commissions may be paid after a period of thirty-one (31) days, subject to a minimum payment threshold of USD 10.
Where required by applicable law, the Partner shall issue an invoice.
Commissions shall be paid through the Rewardful platform in United States Dollars (USD), and the Partner acknowledges and agrees that all payments shall be made in this currency.
GOWOD may, as of right and in accordance with the provisions of Articles 1347 et seq. of the French Civil Code, offset any amount owed by the Partner against any certain, liquid, and due claim held by GOWOD against the Partner, in particular in the event of fraud or breach of these provisions.
5.4 Exclusion of Commissions
No commission shall be payable, including but not limited to, in the following cases:
The Partner undertakes not to manipulate the affiliate system, including through self-purchases, automated scripts, spam, or artificial click or sales generation techniques.
In this respect, the Partner is expressly prohibited from engaging in, in particular:
The Partner warrants that, in connection with its participation in the GOWOD Partner Program, it shall comply with all laws and regulations applicable in its country of establishment, particularly regarding tax obligations and anti-corruption laws.
Failing this, GOWOD reserves the right to suspend or terminate a Partner account and, consequently, the Partner’s participation in the Program under the conditions set forth in the section entitled “Termination – Suspension” herein and/or refuse payment or seek reimbursement of fraudulently obtained commissions, without prejudice to any rights or remedies available to GOWOD, including compensation for any loss suffered.
The Partner undertakes to promote GOWOD in a fair and transparent manner, in compliance with applicable laws and the Ethics Charter attached hereto.
As part of the Partner’s participation in the GOWOD Partner Program, GOWOD may process the Partner’s personal data.The provisions relating to the processing of such personal data are set out in the Charter attached to these General Terms and Conditions.
The Partner acts as an independent referrer.
Commissions received constitute commercial income, the declaration of which and compliance with applicable tax obligations in the country where such income is received shall be the sole responsibility of the Partner.
More specifically, should the Partner be held jointly liable by the relevant tax authorities for the payment of reassessed taxes arising as a result of the Partner’s conduct, the Partner undertakes to fully indemnify GOWOD for the amounts claimed by said tax authority.
GOWOD owns the trademarks, distinctive signs, copyrights, and any other documentation, content, and marketing materials drafted and/or created by GOWOD.
Accordingly, all associated intellectual and industrial property rights shall remain the exclusive property of GOWOD.
Any unauthorized use, or use not compliant with these provisions, of intellectual and industrial property rights belonging to GOWOD may give rise to civil and/or criminal legal proceedings, in accordance with the provisions of the French Intellectual Property Code and/or any other applicable laws or case law relating to intellectual and industrial property.
The Partner undertakes never to infringe upon GOWOD’s proprietary rights.
In this respect, the Partner shall refrain from adopting any graphic design, logo, trade name, or trademark likely to create confusion with GOWOD’s trademarks and/or trade names, texts, photographs, images, illustrations, audio clips, video clips, data, or databases.
The foregoing obligations shall apply to any direct or indirect action, whether carried out personally or through an intermediary, for the Partner’s own account or on behalf of a third party.
Partner Liability
The Partner shall be solely responsible for the content and communications (hereinafter the “Content”) and, more generally, for all actions undertaken in connection with the GOWOD Partner Program.
The Partner represents and warrants that:
The Partner shall indemnify and hold GOWOD harmless against any claim, complaint, or action relating to Content or actions carried out by the Partner that may be brought against GOWOD by any third party.
The Partner undertakes to indemnify GOWOD for any damages, losses, harm, expenses, or other costs arising from the Partner’s wrongful acts.
Upon GOWOD’s request, the Partner undertakes not to publish, to remove, or restrict access to any Content, or to cease any action that does not comply with the obligations set forth in these General Terms and Conditions, without prior notice, without compensation, and at GOWOD’s sole discretion.
GOWOD Liability
Under no circumstances shall GOWOD be held liable for indirect damages, including, but not limited to, commercial loss, data loss, loss of orders, damage to brand image, business disruption, loss of profits, earnings and/or revenues, loss of opportunity, or loss of customers.
In any event, the total amount of damages that may be imposed on GOWOD under these Terms, for all losses combined and aggregated, if its liability is established, shall not exceed an amount corresponding to the pre-tax amount (excluding VAT) of commissions effectively paid to the Partner during the previous twelve (12) months.
Furthermore, and in accordance with Article 2254 of the French Civil Code, no legal action seeking to establish GOWOD’s civil liability may be brought more than one (1) year following the date on which the Partner became aware, or should have become aware, of the facts enabling such action.
The Partner authorizes GOWOD to reference the company name, trade name, logo, trademark, description of activities, and more generally any distinctive sign owned or used by the Partner (hereinafter the “Commercial Elements”) in a list of GOWOD partners, which may be distributed for marketing and promotional purposes, through any currently known or future means of exploitation and on any communication medium, including television broadcasting and any electronic communication means such as the internet (website, social media, etc.), regardless of format (including HTML or otherwise), medium, or receiving device.
The Partner declares that it holds all rights to the Commercial Elements necessary to grant this authorization.
This authorization is granted to GOWOD worldwide, for the duration of the Partner’s participation in the GOWOD Partner Program, including any renewals thereof, and for a period of two (2) years following termination, regardless of the reason for such termination.
This authorization is granted free of charge and without consideration.
Term
The Partner’s participation in the GOWOD Partner Program shall take effect from the creation of the Partner’s Rewardful account and shall be entered into for an indefinite duration.
Both GOWOD and the Partner may terminate such participation at any time, without justification, by any written means (including email).
Termination shall take effect upon notification to the other Party unless otherwise specified in the notice.
Suspension
GOWOD may suspend, as of right, immediately and without compensation, a Partner’s participation in the GOWOD Partner Program in the event of:
Termination for Breach
Furthermore, in the event of the Partner’s failure to comply with obligations under these General Terms and Conditions, particularly those set out under Articles 3, 4, 5.4, 6, 7, 9, 10, and 14.5, GOWOD may terminate the Partner’s participation in the GOWOD Partner Program.
It is expressly agreed that such termination shall occur automatically by operation of law, eight (8) days after the sending of a formal notice by any written means, which has remained wholly or partially ineffective.
In any event, GOWOD may seek damages through legal proceedings.
Consequences of Termination of Participation
Termination of participation, for any reason whatsoever, shall result in the immediate loss of the benefits of participation in the GOWOD Partner Program, without entitlement to compensation, subject to payment by GOWOD of commissions validly accrued prior to termination, except in cases of exclusion provided for herein.
It is specified that all provisions intended to survive the contractual relationship between the Parties shall remain in force, including those relating to liability.
Entire Agreement – Amendments
The Parties expressly declare that these General Terms and Conditions, together with the Program affiliation form, constitute the entire agreement between them and supersede and cancel any prior undertaking relating to the subject matter hereof.
GOWOD reserves the right to amend, at any time, all or part of these General Terms and Conditions and, more generally, the terms of the GOWOD Partner Program, including eligibility requirements, methods for calculating and paying commissions, operational rules of the Program, or any related provision.
Any amendment shall enter into force upon publication online or notification to the Partner by any appropriate means, unless otherwise specified by GOWOD.
The Partner is encouraged to review the applicable General Terms and Conditions regularly.
Continued participation in the GOWOD Partner Program after amendments take effect shall constitute full and unconditional acceptance of such amendments.
If the Partner disagrees with the amendments, it may terminate participation in the Program by sending an email to partner-program@gowod.app.
Severability
The invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
Where applicable, the Parties shall use their best efforts to replace the invalid provision with one that most closely reflects its legal and economic intent.
The nullity or unenforceability of any provision of these General Terms and Conditions shall not render the remaining provisions null and void, which shall remain in full force and effect.
However, the Parties shall use their best efforts to negotiate in good faith and in a timely manner any amendments to the General Terms and Conditions that may become necessary, particularly due to mandatory legal or regulatory requirements or binding court decisions.
In all circumstances, especially where mandatory provisions apply, the Parties shall, insofar as possible, take into account the purpose and intent of these General Terms and Conditions.
Waiver
The failure of either Party to insist upon the performance of any clause or condition, or to exercise any right or privilege under these General Terms and Conditions, shall not be construed as a waiver of such clause, condition, right, or privilege.
Independent Relationship
GOWOD and the Partner acknowledge and agree that they are and shall remain independent commercial and professional partners, and that these General Terms and Conditions shall not be construed as creating an employer-employee relationship, joint venture, partnership, or agency relationship of any kind.
Intuitu Personae
As these Terms are entered into intuitu personae with regard to the Partner, the Partner may not assign, transfer, or subcontract all or part of its rights and obligations under these General Terms and Conditions without GOWOD’s prior express written authorization, failing which GOWOD may terminate these Terms at the Partner’s sole fault.
Conversely, as the intuitu personae nature is not reciprocal, changes affecting GOWOD, including mergers, demergers, acquisitions, partial transfers of assets, assignments, transfers to subsidiaries, or any legal or commercial arrangement with a third party, shall have no effect on the existence or performance of these General Terms and Conditions.
By express agreement between the Parties, these General Terms and Conditions shall be governed by French law.
They are drafted in the French language.
In the event of a dispute between the Parties, they shall endeavor to reach an amicable solution reconciling their mutual interests in compliance with these General Terms and Conditions.
If the Parties fail to reach an amicable settlement within thirty (30) days from the request made by the most diligent Party, any dispute relating to the formation, interpretation, performance, or termination of these General Terms and Conditions shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Montpellier Court of Appeal, including in summary proceedings (référé), notwithstanding multiple defendants or third-party proceedings.
In accordance with the applicable regulations in this field, the company GOWOD (hereinafter the “Data Controller”) wishes, through this Charter, to inform its partners and prospective partners, their representatives and employees (hereinafter the “Partners”) of the processing of personal data collected in the context of their contractual relationship.
1. Who Are the Relevant Parties?
The processing of the Partners’ personal data is carried out under the responsibility of the following Data Controller:
GOWOD COMPANY
A simplified joint-stock company (société par actions simplifiée) with share capital of EUR 303,980.00,
Having its registered office at 1025 Avenue Henri Becquerel, Building 22 – Parc du Millénaire, MONTPELLIER (34000), 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, in his capacity as Managing Director (Gérant), duly authorized for the purposes hereof.
2. What Are the Terms of the Processing?
The table below describes:
Certain data is mandatory to enter into a contract with the Data Controller and access services (e.g., name, email address). Mandatory or optional data fields are identified to the Partner at the time of collection by an asterisk (*).
The requirement to provide mandatory data is contractual and/or regulatory and conditions the conclusion of the contract with the Data Controller.
The conclusion of such agreements and access to the Data Controller’s affiliate program cannot be granted in the absence of this information.
By voluntarily providing optional personal data, the Partner expressly agrees that such data may be processed under the conditions and for all purposes set out herein.
Where the Partner provides personal data relating to third parties, the Partner warrants that all necessary authorizations and consents have been obtained from the individuals concerned.
Should the Partner’s personal data be processed for purposes different from those described herein, the Data Controller undertakes to inform the Partner and, where required by law, obtain prior consent.
3. Who Are the Recipients of the Partner’s Personal Data?
The personal data collected by the Data Controller is intended for the company’s internal departments, each department processing only the data necessary for the performance of its duties and strictly on a need-to-know basis.
The Data Controller may share certain Partner data with its service providers, including in particular:
Any such transfer of data by the Data Controller shall be strictly limited to what is necessary for the performance of the tasks entrusted to these service providers.
These recipients may contact the Partner directly using the contact details provided by the Partner.
The Data Controller requires such recipients to use the Partner’s personal data solely for the management of the services entrusted to them and in compliance with applicable personal data protection laws and regulations.
Where applicable, the Partner’s personal data may also be disclosed to third parties authorized by law (including pursuant to a duly reasoned request from judicial authorities).
Likewise, if the Data Controller is involved in a merger, acquisition, asset transfer, or insolvency/reorganization proceedings, it may be required to transfer or share all or part of its assets, including the Partner’s personal data.
In such case, the Partner shall be informed and may provide informed consent prior to any transfer of personal data to a third party.
Finally, the Data Controller reserves the right, subject to the Partner’s prior express authorization, to use the Partner’s personal data directly or indirectly (for example by sharing it with business partners) for commercial prospecting purposes.
4. How Is the Partner’s Personal Data Stored and Is It Transferred Outside the European Union?
The Partner’s personal data is stored within the European Union in the databases of the Data Controller or its service providers.
Where the Partner’s personal data is transferred outside the European Economic Area (EEA) to countries not subject to an adequacy decision by the European Commission, the Data Controller undertakes to secure such transfers through appropriate safeguards, including standard contractual clauses approved by the European Commission.
5. What Protection Applies to the Partner’s Personal Data?
The Data Controller implements organizational, technical, software, and physical security measures to protect the Partner’s personal data against alteration, destruction, and unauthorized access.
However, it should be noted that the internet is not a fully secure environment and the Data Controller cannot guarantee the security of the transmission or storage of the Partner’s data over the internet.
6. What Are the Partner’s Rights?
In accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation – GDPR) and French Law No. 78-17 of 6 January 1978, as amended, the Data Controller fully informs the Partner of the rights available to them.
Should the Partner have additional questions, the Data Controller’s dedicated service remains available to provide guidance and any useful information necessary to preserve the Partner’s rights.
The Partner has:
A right of access to personal data
The Partner has the right to obtain confirmation as to whether personal data concerning them is being processed and to receive a copy of such data together with information relating to the characteristics of the processing carried out by the Data Controller.
A right to rectification
The Partner has the right to request correction of inaccurate information and completion of incomplete personal data.
A right to erasure, withdrawal of consent, and objection
The Partner has:
A right to restriction of processing
The Partner has the right to restriction of processing in the event of inaccuracy of the data during verification or where the data is no longer necessary except for the exercise of legal claims.
A right to data portability
The Partner has the right to request transmission of personal data to another controller where such data has been provided on the basis of consent or in connection with the conclusion of a contract.
A right not to be subject to automated decision-making
The Partner has the right not to be subject to a decision based solely on automated processing producing significant legal effects concerning them.
A right to define instructions regarding personal data after death
The Partner has the right to define instructions regarding the handling of their personal data after death.
The Partner may exercise these rights at any time by contacting the Data Controller:
By postal mail at:
1025 Avenue Henri Becquerel, Building 22,
34000 MONTPELLIER, France
By email at:
partner-program@gowod.app
