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Terms and Conditions

These Terms are a binding contract between you (the “Business Contributor”) and Sendinblue, a simplified joint-stock company registered with the Paris Trade and Companies Register under number 498 019 298 with its registered office at 106 Boulevard Haussmann, 75008 Paris (hereinafter referred to as “Brevo”). By subscribing to or using the Platform or providing the Services, the Business Contributor will be deemed to have read and accepted without reservation the current version of the Terms. By signing up, the Business Contributor also agrees to provide Brevo with accurate and complete information. The email address provided by the Business Contributor must be a named user and not a generic email alias. Information the Business Contributor provides and the selections the Business Contributor makes during sign-up, and any changes thereto from time to time, are an integral part of and governed by these Terms. If Brevo suspects that this information is inaccurate or misleading, Brevo reserves the right to terminate these Terms for breach and consequently cancel the registration, and close the account without any damage nor indemnification being due to the Business Contributor. The Business Contributor’s representative warrants that he/she is at least 18 years of age and that he/she possesses the legal right and ability to enter into these Terms. The Business Contributor’s representative (whether employee, contractor, mandatory, or other) represents and warrants that he/she is authorized to act on behalf of the legal entity and to bind such legal entity to these Terms.
Each of the parties is called a “Party” and collectively the “Parties”.
WHEREAS, Brevo is engaged in the business of providing solutions relating to marketing and/or transactional email and/or SMS through its sending platform via its website (www.brevo.com) and wishes to promote its services to the widest audience possible. Brevo expects the Business Contributor to develop commercial relationships with the maximum of prospects, in order to promote Brevo’s services.
WHEREAS, Business Contributor is a professional marketing/communication/technology agency or consultancy that hereby declares itself able to provide the Services to Brevo.
The Parties hereby agree as follows:
1. DEFINITIONS
"Data Protection Laws" means (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced) and all obligations arising from the application of any applicable data protection and privacy legislation that may apply to Personal Data processed under these Terms, including the obligations arising from the application of French law No. 78-17 of 6 January 1978 and its possible updates, texts adopted within the European Union and local laws and their possible updates.
“Partner” refers to the Business Contributor that has completed the Validation Process, that has been validated by Brevo and that is authorized to provide the Services and to benefit from these Terms. Partners are either part of the Expert Program or of the Affiliate Program.
“Expert Program” means the Brevo Program described here: https://www.brevo.com/experts The Partners that subscribe to the Expert Program are referred to as the Experts.
“Affiliate Program” means the Brevo Program described here: https://www.brevo.com/affiliates
The Partners that subscribe to the Affiliate Program are referred to as the Affiliates.
“Startup Program” means the Brevo Program described here: https://www.brevo.com/startups
The Partners that subscribe to the Startup Program are referred to as Partners.
“Platform” means the online Partner tracking software, registering New Paying Customers on behalf of Brevo (such as the platform programmed and owned by the editor Tapfiliate and PartnerStack).
"Personal Data" means personal data processed as part of the Services and which has the meaning given to it in the GDPR.
“Plans” mean the offers of recurring subscriptions listed on Brevo’s website (https://www.brevo.com/pricing/). The Plans include a free plan as well as paying Plans. The term “Plans” shall exclude the purchase of pay-as-you-go or non-recurring product and service, in particular: dedicated IP addresses, SMS credits, WhatsApp messages).
“Services” means the business contribution mission performed by the Business Contributor, once validated as Partner, to the benefit of Brevo. The Services consist of the mission to find and convert prospects into New Paying Customers.
“Third-party editor” means the third-party editor owning the Platform.
“Validation Process” means the mandatory process that Business Contributors must complete in order to apply as a Partner. After completion of the Validation Process by the Business Contributor, Brevo decides whether to validate the Business Contributor as a Partner or not.
2. PURPOSE OF THE TERMS
These Terms detail how :
• the Business Contributor shall perform the Services in good faith;
• the Business Contributor may apply to become Brevo’s Partner;
• the Business Contributor is remunerated as an Partner of Brevo;
• the Business Contributor shall comply with applicable law.
3. CONTRACTUAL DOCUMENTS
The contractual documents are listed below in decreasing order of precedence:
• These Terms;
• The invoice requests;
• The invoice.
In case of discrepancy between documents of different nature or rank, the parties expressly agree that the provisions contained in the document with the higher rank in the order of precedence shall prevail with regard to the conflicting obligations. In case of discrepancy between documents of the same rank, the most recent documents shall prevail.
4. TERM AND TERMINATION
These Terms shall be effective from the Effective Date. These Terms are entered into for an initial term of one (1) month from its Effective date. These Terms will then be renewed for additional one (1) month periods, unless one of the Parties gives the other Party notice, by email or via the Platform, of its opposition to the renewal at least one (1) week before the end of the current period.
Brevo also reserves the right to terminate these Terms if Business Contributor breaches the Terms, reaches insufficient results while performing the Services, if the Business Contributor has been inactive on the Platform, or in case of a security alert or incident on the Platform that is related to the Business Contributor’s account. In these cases, Brevo shall terminate the Terms immediately without notice and without any right to damages or any form of compensation for the Business Contributor.
In case of termination:
• Business Contributor shall stop all actions and missions related to the Services and stop using Brevo’s trademarks and/or stop referring to Brevo while performing its activity;
• Business contributor shall destroy all copies of Confidential Information;
• Brevo may delete Business Contributor’s account from the Platform and all its uploaded and associated data;
• Brevo may withdraw Business Contributor from the List referencing approved Partners on its website;
• Brevo shall pay the remaining amount of Commission, if any.
5. SUSPENSION
Brevo reserves the right to suspend the Business Contributor use of the Platform at any time notably for a breach or violation of these Terms or for maintenance or security issues.
Brevo may suspend, delete or archive the Business Contributor’s account if it is not accessed for a significant period of time.
6. OBLIGATIONS OF THE BUSINESS CONTRIBUTOR
The Business Contributor shall make its best efforts to find prospects in order to convert them into New Paying Customers. The Business Contributor shall draw up the means to be implemented in order to facilitate the contact between Brevo and the prospects.
The Business Contributor undertakes to comply with all the obligations described in the Terms, and in particular to carry out its Service with diligence and good faith. The Business Contributor shall have an obligation to Brevo to provide information, advice, and warnings, as well as an obligation of loyalty.
The Business Contributor shall at all times be bound by an obligation of cooperation and assistance.
7. COMPLIANCE AND APPLICABLE LAWS
Business Contributor warrants that it complies with all applicable laws and regulations while performing the Services, included but not limited to laws and regulation on anti-corruption, electronic communications and Data Protection Laws. In this respect, Business Contributor warrants that it applies the concepts of data protection by design and data protection by default to its business and to the Services, in accordance with section 25 of the GDPR. Business Contributor notably warrants that it:
• Acts as Controller when performing the Services;
• Holds a record of processing activities, as controller and as processor according to section 30 of the GDPR and Data Protection Laws;
• Applies a Personal data retention policy and regularly purge Personal data;
• Has a purpose and legal basis for any Personal data processing and minimize Personal data processing;
• Has informs data subjects, in particular the representative(s) of New Paying Customers, according to the GDPR and Data Protection Laws, notably on :
a. the purposes of collection and processing of their Personal data when performing the Services ;
b. the fact that the Personal data processed might be transferred to Brevo and/or the Third-party editor ;
c. the existence and purpose of the real-time tracking that allows Business Contributor to monitor its Commissions in real-time. The cookie duration is 90 days.
• Has collected and collects consent of data subjects whenever applicable under Data Protection Laws and under applicable laws governing electronic communications;
• Has implemented and continues to implement appropriate technical and organizational measures to ensure Personal data’s confidentiality and security according to section 32 of the GDPR and Data Protection Laws;
• Has sensitized its personnel (employees and contractors) to Personal data protection;
• Has imposed contractual obligations of confidentiality to their personnel (employees and contractors);
• Has implemented processes to manage data subjects’ request within the applicable deadlines provided by Data Protection Laws ;
• Has implemented processes to manage and report data breaches to their controllers and to data protection supervisory authorities within the applicable deadlines provided by Data Protection Laws;
• Has signed data processing agreements compliant with section 28 of the GDPR with any Partners, customers or any other third party that qualifies as controller and/or processor of Personal data according to the GDPR;
• Operate transfers of Personal data outside the European Economic Area in compliance with Data Protection Laws and Regulations, in particular according to sections 45, 46, 47, 48 of the GDPR;
• Has conducted any data protection impact assessment as required by section 35 of the GDPR;
• Has never been subjected to an audit or control of a relevant data protection supervisory authority:
• Shall destroy all copies of Personal data without delay at the end of these Terms.
Business Contributors acknowledges that it accepts and that it shall comply with Brevo’s Privacy Policy (https://www.brevo.com/legal/privacypolicy/) and with the Third-party editor’s privacy policy (https://partnerstack.com/policies#privacy-policy) and any of the Third-party editor contractual terms related to Personal data protection. Business Contributor undertakes to communicate such documentation as well as any mandatory information to the data subjects involved before any processing of Personal data.
8. OBLIGATIONS OF BREVO
Brevo undertakes to provide the Business Contributor, at the request of the latter or any authorized person, with the information and documents that Brevo considers necessary for carrying out the Services.
More generally, Brevo undertakes to respond to the Business Contributor's reasonable requests necessary to carry out the Services under the best possible conditions.
9. VALIDATION PROCESS
9.1. General rules
Before being allowed to perform the Services and benefit from these Terms as a Partner, the Business Contributor must finish registration and follow through the Validation Process. The Validation Process notably requires profile completion. The modalities of the Validation Process can be modified by Brevo at its discretion during the performance of the Terms.
As part of the Validation Process, Brevo reserves the right to validate or reject any application, based on its discretionary indicators and criteria. After the Validation Process is completed and if the Business Contributor’s application has been validated by Brevo and by the Third party editor, Brevo might add the Business Contributor to the list of approved Partners on its website (the “List”).
Brevo can decide to add and/or withdraw the Business Contributor from the aforementioned List at its own discretion during the performance of these Terms, based on its own criteria, especially if the profile appears to be inaccurate or incomplete.
9.2. Basic rules of Validation
Business Contributor’s agent or representative must have all authorizations to act on behalf of the Business Contributor, either as an employee or as an officer.
The Partner is permitted to engage with either the Affiliate program or the Expert program exclusively. Concurrent participation in both the Affiliate program and the Expert program is not allowed.
In order to pass the Validation process, Business Contributor must comply with the following specific rules (mandatory criteria but not limited to):
For the Expert Program:
• Owning and exploiting a professional website or portfolio that proves Business Contributor is a registered business and runs lawful activities
• Applying with a professional email with a domain owned by the Business Contributor that is also associated with Business Contributor’s website
• Owning and administering an active Brevo account
For the Affiliate Program:
• Brevo does not accept applications without the primary URL. We get a lot of requests. This means we can only respond to the most promising partnerships.
• Business Contributor must submit an application with a professional email associated with the primary URL.
• No multi-level marketing or pyramid schemes.
• No self-help/get-rich courses.
10. REMUNERATION
10.1. General
For the purpose of these Terms, the term “New Paying Customer(s)” (or “NPC”) shall mean any customers subscribing to one of Brevo’s paying Plans for the first time. To be considered a New Paying Customer, the customer must:
- Never have subscribed to any paid Plans, or
- Have subscribed to a free Plan without ever having upgraded to a paying Plan, and
- Have been referred to Brevo by the Business Contributor in the first place.
The Parties agree that the remuneration of the Partner consists exclusively of an incentive payment based on the acquisition of New Paying Customers (hereafter the “Commission”).
The calculation and the amount of the Commission are at Brevo’s discretion.


10.2. Remuneration of the Experts (Expert Program):
The remuneration of the Expert partners is based on recurring monthly and/or annual commission earned, for 24 months.
• “Pioneer partner” (one from 1 to 4 NPC): 10% of the monthly recurring subscription price for self-service plans
• “Master partner” (from 5 to 14 NPC): 20% of the monthly recurring subscription price of each NPC for self-service plans
• “Elite partner" (from 15 NPC): 25% of the monthly recurring subscription price for self-service plans
In order to qualify for payouts, the Expert's account balance must exceed $100. Expert commissions are eligible only for invited clients who purchase a plan without utilizing any discount coupons.
The Expert Program and associated commissions are exclusively applicable to clients referred by participants in the self-service plan. Only referrals resulting in self-service plan subscriptions qualify for commissions under this program. Other plans or services are expressly excluded from eligibility for commission payments.
10.3. Remuneration of the Affiliates (Affiliate Program):
Once validated The Affiliate shall earn $5 excluding taxes of Commission when a prospect creates a Brevo account. If that user purchases a Plan and becomes an NPC, the Affiliate shall receive an additional one-time lump sum of $100.
To validate their account and become eligible for payouts, the Affiliate must refer at least one new paying customer (NPC) as per this agreement.
This reward model is applicable unless custom reward tier is specified and communicated with the Affiliate partner.
Reach out to [email protected] to know what reward model is applicable for your account.
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11. LIABILITY
Neither Party shall in no way be held liable for the consequences of indirect damage.
In no case can Brevo be held responsible in any capacity whatsoever in relation to third parties for any damage resulting from the actions or omissions of the Business Contributor or resulting from the content of any communications operated by the Business Contributor on behalf of Brevo or from the consequences that the sending of such communication can have for Brevo. Business Contributor shall indemnify Brevo against all and any claims or losses incurred by Brevo arising directly or indirectly from or in connection with the performance of the Services by the Business Contributor.
It is jointly agreed that Brevo’s liability shall not exceed the price paid by Brevo in return for the Service(s) giving rise to the said liability, for the month of contract in which the damage occurred.
This clause shall remain applicable in case these Terms are annulled, rescinded or terminated.
12. PERSONNEL OF THE BUSINESS CONTRIBUTOR
The Business Contributor retains hierarchical and disciplinary authority over all members of its personnel involved in the execution of these Terms and is the sole master of its organization and methods. The Business Contributor shall ensure that its personnel strictly complies with all the provisions of the Terms. The Business Contributor guarantees that it is up to date with all its social and tax obligations and that it complies with labour legislation.
13. INTELECTUAL PROPERTY
Brevo does not authorize the Business Contributor to use, reproduce or represent in any way any element of Brevo’s intellectual property (copyright, trademark, etc).
Business Contributor shall only use Brevo’s trademark in order to accomplish the Services. Any content created by the Business Contributor displaying elements subject to Brevo’s intellectual property must be validated by Brevo before communication or disclosure.
14. CONFIDENTIAL INFORMATION
« Confidential Information » means any information, personal data, document, material, or data provided or disclosed by Brevo to the Business Contributor (whether orally, in writing or electronic form or any other media), including without limitation, any document or piece of information provided by Brevo, as well as all statements, studies, documentation resulting from the processing of Brevo’s data, as well as customer and/or contact data, data and information being processed by the information system used in connection with the performance of the Services and/or the Business Contributor could have been aware of as it performs the Terms and those concerning Brevo’s organization, activities and profits.
For the duration of the Terms and during ten (10) years after these Terms has been terminated for any reason what so ever, the Business Contributor undertakes and warrants that the Confidential Information transferred to it by Brevo:
• Shall not be disclosed or disseminated, directly or indirectly, to third parties, without the express prior written authorization of Brevo:
• Is protected and will be processed according to market practice and state of the art;
• Without prejudice to the generality of the foregoing, it is understood that Confidential Information may be disclosed to employees, directors, officers, professional advisors, insurance brokers and statutory auditors of the Business Contributor on a need-to-know basis for the purposes of the project. In any event, the Business Contributor shall remain fully responsible for any disclosure of any Confidential Information by any person to whom it disclosed Confidential Information.
• Are not used in whole or partly for other purposes than those set out in this clause, without Brevo’s consent ;
• Are not copied, reproduced, duplicated in whole or in part, unless such copy reproduction or duplication is necessary to perform commitments set out in these Terms or unless Brevo agreed expressly and in writing to such reproduction or duplication.
• In addition, the Business Contributor will not use any knowledge it might have learned out concerning the organization and strategy of Brevo, to the benefit of any third parties.
Brevo will still own all property rights on Confidential Information it transferred to the Business Contributor. Such Confidential Information will be returned to Brevo once these Terms have been terminated.
The Business Contributor will have no obligation or bear any restrictions concerning Confidential Information if it can prove that :
• Such Confidential Information was in the public domain before Brevo transferred them to the Business Contributor, unless the Confidential Information is in the public domain through the Business Contributor’s fault; or
• Business Contributor received such Confidential Information from a third party, through no breach of a confidentiality commitment; or
• Such Confidential Information was published through no breach of this clause; or
• Brevo agreed on the use and disclosure of such Confidential.
15. ASSIGNMENT OF THE TERMS
These Terms are intuitu personae and the Business Contributor cannot assign it to a third party without the prior written agreement of Brevo.
Brevo can assign these Terms to any entity controlling Brevo or controlled by Brevo or its holding company, in situations covered by article L233-1, L233-2 and L233-3 of the French code of commerce.
16. INDEPENDENCE
Nothing in these Terms shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting or authorising either Party as the agent of the other Party for any purpose whatsoever. Neither Party shall have the authority or power to bind the other, or to contract in the name of, or hold itself out as, or create a liability against the other in any way or for any purpose.
17. INSURANCE
The Business Contributor undertakes to obtain and maintain a professional indemnity insurance to cover all penalty and damage claims during the term of this contract from an insurance company known to be solvent
Upon request, the Business Contributor shall provide Brevo, with a copy of the relevant insurance policy evidencing the existence and extent of such insurance policy.
18. WAIVER
Either Party’s failure or delay to enforce a right or claim under these Terms shall not be construed as a waiver or release of such claim, or similar claims which may arise in the future, or in any way prejudice any right of that Party under these Terms. Any waiver by either Party of any of its rights under these Terms must be in writing and only applies to the transaction or series of transactions expressly referred to in such waiver.
19. CHANGES
Brevo may modify this current version of these Terms. In case any modification of the Services or these Terms are necessary, the changes to these Terms shall come into force as of their publication on the website or Platform or as of their notification by email to the email address provided by the Business Contributor.
In such case, the Business Contributor shall be able to oppose such changes within five (5) calendar days by email to [email protected] with a copy (cc) to [email protected]. In case of opposition, these Terms shall be terminated with immediate effect.
20. SEVERABILITY
If one or several provisions of these Terms were held invalid or so declared by law, a regulation or a final decision having res judicata effect rendered by a court having proper jurisdiction, the Parties will endeavour, without delay and in good faith discussions, to attain to the greatest extent possible the economic and/or other intended result in another legally permissible manner and the other provisions shall remain in full force and effect.
21. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by French Law. French law shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations.
In the event of a dispute, it is expressly agreed that the Commercial Court (“Tribunal de Commerce”) of Paris shall have jurisdiction, even in the event there is more than one defendant or in case of a third-party proceedings, including in case of urgent proceedings, protective measures or summary proceedings.
22. ELECTRONIC ACCEPTANCE
The Parties agree that they can execute these Terms by means of electronic acceptance via the Platform. To become a Partner, provide the Services and benefit from these Terms, the Business Contributor must agree to be unconditionally bound by these Terms. The Business Contributor accepts these Terms by clicking electronically to sign up via the Platform interface.
The Parties agree that the electronic acceptance expresses their consent for these Terms to be legally binding to the Parties and to constitute proof in an equally valid manner as a paper document bearing a handwritten signature.