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Affiliate Program Terms and Conditions

These terms and conditions (the “Terms”) govern your participation in Brevo’s Affiliate Program (as defined below) and are a binding legal commitment between Sendinblue, SAS, registered with the Paris Trade and Companies Register under number 498 019 298, with its registered office at 7, rue de Madrid, 75008 Paris (doing business as and hereinafter referred to as “Brevo”) and you or the entity you represent (“You”, “you” or “Partner”). You may not participate in the Affiliate Program unless you accept these Terms without reserve. These Terms take effect when you receive them on the Platform (the “Effective Date”). Brevo and Partner may be referred to individually as a “Party” and collectively as the “Parties.” You must read, agree with, and accept the terms and conditions contained in these Terms. BY ACCEPTING THESE TERMS ONLINE, AND/OR PARTICIPATING IN OR PERFORMING ANY ACTIVITIES UNDER THE AFFILIATE PROGRAM, YOU REPRESENT AND WARRANT THAT: (i) you have read, understand, and agree to be bound by these Terms, and (ii) you have the authority to enter into these Terms and follow the Affiliate Program on behalf of the entity you represent, and to bind that entity to these Terms. DEFINITIONS “Account”: the account you create on the Platform. “Affiliate Program”: the Brevo Program described here: https://www.brevo.com/affiliates/. “Commission”: has the meaning outlined in Section 9.2. “Contribution”: the business contribution performed by Partner, consisting of identifying and referring New Free Accounts and New Paying Customers to Brevo. “Cost Per Acquisition” (CPA): the reward model according to which Brevo remunerates Partners based on the acquisition of New Paying Customers. “Cost Per Lead” (CPL): the reward model according to which Brevo remunerates Partners based on the creation of New Free Accounts. “Data Protection Laws”: all applicable laws, regulations, and governmental requirements relating to the privacy, confidentiality, or security of Personal Data, including GDPR, ePrivacy Directive, French law No. 78-17, CCPA, PIPEDA, LGPD, and Australian Privacy Law. “Enterprise Solution”: the Brevo commercial offer and Services are detailed here. “New Free Account” (NFA): a Brevo account created by a new Brevo User subscribing to a free Plan for the first time and validated as such by Brevo. “New Paying Customer” (NPC): any customer subscribing to one of Brevo’s paying Plans for the first time, with a valid means of payment. “Personal Data”: personal data processed as part of the Services with the meaning given in GDPR. “Plan”: the recurring subscription offers listed on https://www.brevo.com/pricing/. “Platform”: the Partner management platform used to remunerate Partner (e.g., Partnerstack or Tapfiliate). “Services”: the Brevo features and services are detailed here: https://www.brevo.com/fr/products/. “Third-Party Editor”: the editor owning the Platform. “User”: the user and/or representative of a New Free Account. “Validation Process”: the mandatory application process for the Affiliate Program. “Website”: the website(s) where you apply to the Affiliate Program. PURPOSE OF THE TERMS These Terms detail how you: may apply to the Affiliate Program; shall perform the Contribution in good faith and in accordance with these Terms and applicable laws; may be eligible for a Commission as a Partner of Brevo. DURATION These Terms take effect on the Effective Date for an initial term of one (1) year. They are then renewed automatically for additional one-year periods unless one Party notifies the other at least one (1) week before the end of the current period. SIGN UP AND SUSPENSION After you accept these Terms, you must create an Account on the Platform with accurate information. The email address must be a named user. Brevo may suspend your use of the Platform at any time for breach of these Terms, breach of the Third-Party Editor’s terms, or for maintenance/security. Brevo may delete or archive your account after three (3) months of inactivity. The partner must choose between the Affiliate Program and the Expert Program. You cannot join both. VALIDATION PROCESS Process Before performing the Contribution and becoming eligible for Commissions, the Partner must complete registration and the Validation Process. Brevo may modify its modalities. Brevo may validate or reject any application. Ground rules You must have authorization to act on behalf of the Partner. Brevo does not accept: • applications without a valid website matching the email domain; • applications with new/recent websites hosting minimal or no traffic; • applications using public email domains. • Partner’s website must be contextualized and aligned with Brevo’s services. Prohibited activities Partner warrants that Partner, NPCs, and Users shall not participate in: • multi-level marketing or pyramid schemes; • self-help / get-rich courses; • unlawful activity; • any activity listed under Brevo’s Anti-Spam Policy: https://www.brevo.com/legal/antispampolicy/

Prohibited Advertising Practices

Partner expressly agrees not to engage in any advertising practice that infringes on Brevo’s intellectual property or that may cause confusion regarding the origin of Brevo’s services. The following practices are strictly prohibited:

• Bidding on, purchasing, or targeting paid search keywords that include the term “Brevo,” any misspellings, variations, translations, or brand-related phrases (including but not limited to: “Brevo,” “Brevo email,” “Brevo CRM,” “Brevo pricing,” “Brevo alternatives,” “Brevo signup,” or any similarly confusing wording).

• Creating, running, or assisting in any advertising campaign (including Google Ads, Bing Ads, Meta Ads, LinkedIn Ads, display ads, retargeting, native ads, or any other paid search or paid social placements) that impersonates Brevo or suggests affiliation, partnership, sponsorship, or endorsement without Brevo’s prior written authorization.

• Using Brevo’s brand name, trademarks, logos, corporate identity, or other protected branding elements in advertisement copy, headlines, display URLs, ad paths, metadata, or campaign structures without prior written approval from Brevo.

• Creating websites, landing pages, subdomains, or social profiles that imitate, mimic, or could reasonably be interpreted as official Brevo properties, including use of similar designs, branding elements, or domain patterns.

Brevo reserves the right, at its sole discretion, to withhold, revoke, or permanently disqualify any Commission generated through prohibited advertising activity. Serious or repeated violations may result in immediate termination of these Terms without notice and without any obligation for Brevo to pay accrued or pending Commissions.

OBLIGATIONS OF PARTNER • Partner must use best efforts to identify prospects and refer them. • Partner must comply with these Terms and cooperate with Brevo. • Partner must respect Brevo’s brand image and trademark usage guidelines. COMPLIANCE AND APPLICABLE LAWS The Parties act as independent data Controllers. Partner must comply with all applicable laws, including anti-corruption, electronic communications, and Data Protection Laws. Partner accepts Brevo’s Privacy Policy: https://www.brevo.com/legal/privacypolicy/. Partner warrants compliance with Export Control Laws and that neither Partner nor NPCs are based in embargoed territories. OBLIGATIONS OF BREVO Brevo provides the necessary information and responds to reasonable Partner requests. REMUNERATION General provisions Partner’s remuneration consists exclusively of a Commission, based on: (i) creation of NFAs (CPL), (ii) acquisition of NPCs (CPA), (iii) any special referral model agreed in writing. Brevo may adjust the Commission calculation with prior notice. Validation of the Commission Brevo may withhold payment until referral validity is verified. Brevo assesses NFAs and NPCs monthly. Payment process PartnerStack: PartnerStack pays Partner directly under its own terms. Tapfiliate: Brevo sends quarterly invoice requests. Partner invoices Brevo, and Brevo pays within 30 days. Partner must comply with the Platform's and Brevo’s privacy policies: https://partnerstack.com/legal/client https://tapfiliate.com/tos/ Exceptions Commissions are not paid if: (i) Partner changes the login email without approval; (ii) Partner breaches these Terms or Brevo’s General Conditions of Use; (iii) Partner fails to update payment information for three months. In this case, Partner forfeits all rights to unpaid Commissions. TERMINATION Either Party may terminate in case of breach not cured within 30 days. Brevo may terminate immediately for material breach, including: • fraud or illegal activity, • failure in the Validation Process, • unauthorized trademark use, • bankruptcy, • repeated referral of NFAs or NPCs misusing the product. Brevo may also terminate for convenience with 45 days’ notice. Consequences Partner must: • stop all Contribution activities; • stop using Brevo trademarks; • destroy all Confidential Information. Brevo may delete the Partner’s Account. Brevo pays due Commissions unless termination was for material breach. LIABILITY Neither Party is liable for indirect damage. Brevo is not liable to third parties for the Partner’s actions. Brevo’s aggregate liability is capped at the Fees paid during the previous 12 months. This clause survives termination. INDEMNIFICATION Partner indemnifies Brevo for all claims arising from: (a) Partner’s Contribution, (b) Partner’s breach of these Terms or applicable laws, (c) Partner’s use of third-party services (including the Platform). INTELLECTUAL PROPERTY Partner may not use Brevo’s IP without written consent. Any content displaying Brevo’s trademarks must be approved by Brevo. Brevo retains all trademark rights. CONFIDENTIAL INFORMATION Each Party must keep Confidential Information secure and may disclose it only to those with a need to know. Breach may cause irreparable harm and allow injunctive relief. Confidentiality obligations last five (5) years after termination. ETHICS Parties must comply with ethics and anti-corruption laws. Parties must require all related third parties to comply as well. Non-compliance may lead to termination. MISCELLANEOUS
Assignment Partner cannot assign these Terms without Brevo’s written approval. Brevo may assign them to affiliated entities. Independence The Parties are independent. No joint venture or agency is created. Survival Sections on Definitions, Termination, IP, Liability, Indemnification, Confidentiality, Ethics, and Miscellaneous survive termination. Waiver No waiver is valid unless in writing. Changes Brevo may modify the Terms. Changes apply upon publication or email notification. Partner may oppose changes within 5 days by emailing [email protected] and [email protected] Opposition terminates the Terms. Severability Invalid provisions shall be replaced with valid ones achieving the same intent. Notices Notices must be sent by email: (i) to Partner’s email on file; (ii) to Brevo at [email protected] with cc to [email protected] Non-exclusivity These Terms are non-exclusive. Both Parties may work with others. Governing law and jurisdiction French law governs. Disputes go first to amicable resolution. Failing that, exclusive jurisdiction lies with the Courts of Appeal of Paris. ELECTRONIC ACCEPTANCE Acceptance via the Platform is legally binding. Electronic acceptance is equivalent to a handwritten signature.