In the context of these terms and conditions, the following words and expressions shall have the meaning given to them by the definitions set out below:
AMBASSADOR: INFLUENCER of the ADVERTISER's network, registering as an INFLUENCER on the SHOP MY INFLUENCE network during, or on the occasion of, the relationships established between the ADVERTISER and SHOP MY INFLUENCE.
ADVERTISER: Publisher of a digital service (or service provider acting on its behalf) ensuring the marketing of products or services, and using the MY INFLUENCE SHOP SERVICES in the context of its relations with INFLUENCERS.
PLATFORM COMMISSION: part of the PERFORMANCE COMPENSATION paid by the ADVERTISER and going to SHOP MY INFLUENCE.
CONTRACT: Formal agreement, in writing or through an online process, under which the ADVERTISER uses the SHOP MY INFLUENCE SERVICES; when the agreement is in the form of "Special Conditions", "order form" or any other simplified document, in particular an exchange of emails, the CONTRACT includes the terms of the said document as well as these General Conditions of Use, of which they constitute an essential component.
CGU (or General Conditions of Use): this document, an integral part of the CONTRACT in all its provisions in the relationship between SHOP MY INFLUENCE and the ADVERTISER.
CPU (or Special Conditions of Use): Element of the CONTRACT taking the form of a contractual document signed by hand or electronically between the ADVERTISER and SHOP MY INFLUENCE and specifying and/or supplementing these T&Cs; the CPUs can take the name and/or the form of a Purchase Order.
DASHBOARDS: Tables accessible to the ADVERTISER via their personal account in the SHOP MY INFLUENCE SERVICES and presenting all the STATISTICS and KPIS of their INFLUENCE MARKETING OPERATIONS with all the INFLUENCERS participating in these operations.
FOLLOWER: natural person who subscribes to or usually frequents the MEDIA of an INFLUENCER.
INFLUENCER: Publisher of a MEDIA broadcast on a social network (Facebook, Instagram, etc.) likely to host a TRACKE LINK to the ADVERTISER's site.
INTERNET USER: A natural or legal person connected to the Internet and using it to carry out operations, whether interactive or not, such as consulting sites, exchanging information or performing legal acts such as purchasing PRODUCTS or of services.
KPI(S): Key performance indicator(s), made available on the ADVERTISER'S SHOP MY INFLUENCE account and collected in DASHBOARDS, allowing them to measure, manage and adapt their MARKETING OPERATIONS INFLUENCE.
TRACKE LINK: hypertext link inserted on the INFLUENCER'S MEDIA referring to the ADVERTISER's site and monitored by SHOP MY INFLUENCE.
INFLUENCER MARKETING: method of communication and commercial development consisting in favoring the promotion of a PRODUCT or the development of the notoriety of a brand through a quotation (of the PRODUCT and/or of the brand) inserted by an INFLUENCER within the framework of the MEDIA that it broadcasts on social networks.
MEDIA: Content published by an INFLUENCER on a social network; a MEDIA may consist of a combination of text and/or images and/or video, and take the form of a story, post, live, live, video, a blog post, etc.
OFFER: Price category, depending on the nature, number and/or terms of the SHOP MY INFLUENCE SERVICES subscribed to by the ADVERTISER.
INFLUENCER MARKETING OPERATION: Partnership operation, one-off or long-term, conducted by an ADVERTISER with INFLUENCERS in order to ensure the distribution and/or promotion of the ADVERTISER'S PRODUCTS with the aim of developing sales and/or or to increase its notoriety.
PARTY(IES): THE ADVERTISER and/or SHOP MY INFLUENCE.
PRODUCT: Refers to an item sold by the ADVERTISER and to which the FOLLOWER is directed through a TRACKE LINK.
PERFORMANCE: evaluation of the value of an INFLUENCER MARKETING OPERATION, by measuring the number of clicks ("CPC"), the number of installations of an application ("CPI"), the number of "leads" ( action of registration, account opening, form filling or any other operation carried out online - "CPL"), the number of sales ("CPV") or the price of sales of PRODUCTS (or services) of the ADVERTISER (“CPA”) made through an INFLUENCER.
SHOP MY INFLUENCE PLATFORM: software developed and operated by SHOP MY INFLUENCE, accessible in SAAS mode, offering ADVERTISERS access to a set of services allowing them to launch, monitor and manage their INFLUENCE MARKETING OPERATIONS on the SHOP MY INFLUENCE INFLUENCERS.
PERFORMANCE COMPENSATION: price to be paid by the ADVERTISER for an INFLUENCER MARKETING OPERATION, including the PLATFORM COMMISSION and depending on the number of clicks, views, leads or sales generated by the LINKTRACKE inserted on the MEDIA of the INFLUENCER.
SUPPORT: Service available to the ADVERTISER, particularly during the implementation (“Set Up”) and monitoring/management phases of the SHOP MY INFLUENCE SERVICES. This service is available during SHOP MY INFLUENCE working hours and working days, by e-mail, ticket or telephone.
STATISTICS: All non-personal information and data (sales, prices, products, clicks, etc.) resulting from the ADVERTISER'S INFLUENCER MARKETING OPERATIONS with each of its INFLUENCERS on the SHOP MY INFLUENCE network.
SHOP MY INFLUENCE SERVICES: All applications, software solutions, websites and consulting services implemented by SHOP MY INFLUENCE to design, establish, analyze, restore and optimize INFLUENCER MARKETING OPERATIONS offered to ADVERTISERS.
TRACKING: All services for measuring traffic and monitoring operations carried out through the SHOP MY INFLUENCE SERVICES.
USER(S): Natural person (member of, or authorized by, the ADVERTISER) having access to the SHOP MY INFLUENCE SERVICES by means of a personal user account and password.
SHOP MY INFLUENCE undertakes to ensure the operation of the PLATFORM and the SHOP MY INFLUENCE SERVICES in order to allow the ADVERTISER to use them, under the conditions and according to the terms of the CONTRACT.
In the event of the occurrence of a technical failure affecting the operation of the PLATFORM and/or the SHOP MY INFLUENCE SERVICES for reasons beyond the control of SHOP MY INFLUENCE such as, in particular, the interruption of telecommunications systems, that of services of its IT service providers or even a failure of the social networks distributing the INFLUENCERS, for any reason whatsoever, SHOP MY INFLUENCE undertakes to alert the ADVERTISER, without delay, of this occurrence and its cessation.
The occurrence of the events referred to in the preceding paragraph will have no consequence on the continuation of the CONTRACT and cannot give rise to a claim on the part of the ADVERTISER, these events being considered as a case of force majeure within the meaning of the article 1218 of the Civil Code.
SHOP MY INFLUENCE undertakes to record and keep, according to the methods of its choice and for the duration necessary for the execution of the CONTRACT, the STATISTICS of the ADVERTISER'S INFLUENCE MARKETING OPERATIONS carried out by INTERNET USERS and/or FOLLOWERS on the ADVERTISER's site through the LINKS TRACKES set up by the INFLUENCERS.
In addition, SHOP MY INFLUENCE will ensure the permanent and online availability of the STATISTICS of the ADVERTISER, in the form of DASHBOARDS bringing together the KPIS relating to the operations carried out through each of the INFLUENCERS in connection with the ADVERTISER EUR.
As part of the performance of SHOP MY INFLUENCE's obligations under the CONTRACT, the ADVERTISER grants to SHOP MY INFLUENCE for the duration of the CONTRACT, the authorization to reproduce the ADVERTISER's registered trademark on all the written, visual, computer or sound media necessary for the performance of the CONTRACT and the operation of all the services of SHOP MY INFLUENCE. Any other use of this mark is prohibited, except with the express agreement of its owner. The ADVERTISER authorizes SHOP MY INFLUENCE to use the ADVERTISER's brand on its advertising media.
More generally, SHOP MY INFLUENCE undertakes to refrain from any act likely to infringe, directly or indirectly, this brand; SHOP MY INFLUENCE prohibits any use of said brand at the end of the CONTRACT, whatever the cause.
ARTICLE V. OBLIGATIONS OF THE ADVERTISER
The ADVERTISER must ensure the security of his account, his passwords and his files and is responsible for the use made of his account by each of the USERS.
The ADVERTISER may under no circumstances transfer his right of access and use of the PLATFORM and/or SHOP MY INFLUENCE SERVICES to an outside third party or use the information collected from the SHOPMYINFLEUNCE tools (in particular the DASHBOARDS) other than in the framework of the conduct of its commercial policy.
In order to allow the performance of the services, subject of the CONTRACT, the ADVERTISER undertakes to make available to SHOP MY INFLUENCE the information and elements (computer files containing hypertext links, etc.) allowing SHOP MY INFLUENCE to perform its linking and TRACKING services. The ADVERTISER undertakes to carry out any technical procedure required to enable the functioning of its INFLUENCER MARKETING OPERATIONS.
More generally, the ADVERTISER undertakes to cooperate in good faith with SHOP MYINFLUENCE throughout the execution of the CONTRACT, and especially during the implementation phase ("Set Up") following the signing of the CONTRACT, when which the ADVERTISER must respond with particular diligence to all requests expressed by the services of SHOP MY INFLUENCE. that these elements and, more generally, any data (text, image, link, etc.) that the ADVERTISER implements in the context of its use of the services
SHOP MY INFLUENCE does not constitute in any way (i) a violation of the intellectual property rights of third parties, (ii) an attack on persons (in particular defamation, insults, insults, etc.) and respect for privacy, (iii) an attack on public order and good morals (in particular, apology for crimes against humanity, incitement to racial hatred, pornography, etc.).
The ADVERTISER ensures, alone or with any third party that it wishes to join (in particular its marketing agencies), the design of its INFLUENCER MARKETING operations, its price/promotion policy, the number and identity of INFLUENCERS with which he intends to collaborate, etc. The ADVERTISER undertakes to pay the sums due to SHOP MY INFLUENCE, under the conditions set out in Article VI below.
The ADVERTISER is solely responsible for the information it delivers on its PRODUCTS as well as for the execution of all operations, and in particular orders, of INTERNET USERS, their processing, their dispatch, the risk of loss, the maintenance stock levels of its PRODUCTS.
SECTION VI. FINANCIAL CONDITIONS
VI.1. Amount.
– The amount of the price of access and use of the SHOP MYINFLUENCE SERVICES, including in particular the rate of the PLATFORM COMMISSION, depends on the OFFER subscribed to by the ADVERTISER, the characteristics of which are described on the PLATFORM and repeated, when the subscription, in the CPUs and/or the order form.
At the beginning of each period (monthly, half-yearly or annual) chosen by the ADVERTISER, SHOP MY INFLUENCE sends him an invoice corresponding to the fixed amount of the SUBSCRIBED OFFER. In addition, at the end of the month, SHOP MY INFLUENCE sends the ADVERTISER an invoice for the PERFORMANCE COMPENSATION of its INFLUENCE MARKETING OPERATIONS for the month in question as well as any one-off services subscribed to during the current month. ; this invoice includes both the sums due to the INFLUENCERS for the month in question as well as the PLATFORM COMMISSION, plus the applicable VAT.
VI. 2. Rules.
The invoices presented by SHOP MY INFLUENCE for the price of access and use of the SHOP MY INFLUENCE services are payable upon receipt by bank transfer or check, at the ADVERTISER’s choice; the services subscribed by the ADVERTISER are suspended until the corresponding invoice has been paid, the period of suspension nevertheless giving rise to invoicing. Invoices issued for PERFORMANCE COMPENSATION are payable by bank transfer or check, at the ADVERTISER's choice, within 30 days of the invoice date; failure to pay any invoice issued during the CONTRACT will result in the suspension of SHOP MY INFLUENCE SERVICES, failing payment regularization within 15 days of the reminder that will be sent to the ADVERTISER. In any event, from the 15th (fifteenth) day following the due date of the invoice, late payment penalties are due and calculated on the basis of 3 (three) times the legal interest rate. In all cases, the collection costs are fully invoiced to the ADVERTISER.
SECTION VII. LIABILITY AND WARRANTY
The ADVERTISER assumes sole responsibility for all its relations with INTERNET USERS, FOLLOWERS, INFLUENCERS and, more generally, all persons intervening within the framework of its INFLUENCE MARKETING OPERATIONS, the role of SHOP MY INFLUENCE being limited to linking, TRACKING and providing KPIS.
The ADVERTISER nevertheless undertakes that the content of its site and the characteristics of its products, services, conditions of sale, etc., comply with all the legislation applicable to it, and in particular the legislation on advertising and promotion, distance selling, literary and artistic property, the right of individuals to control the disclosure of their name and image, as well as any uses usually recognized by professionals in their sector of activity. SHOP MY INFLUENCE reserves the right to refuse the establishment of LINKS TRACKES whose content could harm its image, which the ADVERTISER expressly acknowledges.
SHOP MY INFLUENCE guarantees that the SHOP MY INFLUENCE SERVICES comply with the applicable legislation as well as the rights of third parties, and in particular that it does not violate any third party intellectual property rights. SHOP MY INFLUENCE's liability under the CONTRACT is strictly limited to the direct damage actually suffered and proven by the ADVERTISER.
SHOP MY INFLUENCE cannot be held liable in the event of force majeure within the meaning of article 1218 of the Civil Code, as well as in the event of loss of TRACKING, or disruption of operation of the SHOP MY INFLUENCE SERVICES beyond the control by SHOP MY INFLUENCE.
In addition, SHOP MY INFLUENCE excludes all liability in the event of damage linked, directly or indirectly, to breaches by INFLUENCERS or the ADVERTISER, in particular its obligation to cooperate during Set up operations and other settings of the SHOP MY SERVICES. INFLUENCE. In any case, the responsibility of SHOP MY INFLUENCE, whatever the cause, cannot exceed the amount of the sums collected from the ADVERTISER by SHOP MYINFLUENCE under the CONTRACT during the month preceding the event giving rise to the contractual damage .
The ADVERTISER acknowledges that this limitation of liability clause, essential to the economic balance of the CONTRACT, constitutes an essential element thereof, failing which SHOP MY INFLUENCE would not have agreed to contract.
SECTION VIII. MODE AND BURDEN OF PROOF
Due to the purely computer nature of SHOP MY INFLUENCE's services, the Parties acknowledge that the ADVERTISER may not require SHOP MY INFLUENCE to provide him with any other proof of the performance of his services than the recordings of operations (and their characteristics, in particular date, price, etc.) made by SHOPMY INFLUENCE, recordings which will attest to the reality of the number and volumes of operations having taken place within the framework of the ADVERTISER'S INFLUENCE MARKETING operations, until proven otherwise by the latter.
SECTION IX. CONFIDENTIALITY AND INDUSTRIAL PROPERTY
Each PARTY undertakes to respect all the information, concepts, formulas, texts, images of the other PARTY protected by an intellectual and/or industrial property right, as well as the confidentiality clauses which will have been brought to its attention.
The ADVERTISER nevertheless authorizes SHOP MY INFLUENCE to collect, use and exploit the STATISTICS of its INFLUENCE MARKETING OPERATIONS.
The SHOP MY INFLUENCE SERVICES, a tool for setting up and managing INFLUENCE MARKETING OPERATIONS, are the property of SHOP MY INFLUENCE. Therefore the ADVERTISER is only the temporary user during the term of this CONTRACT.
The ADVERTISER is prohibited from misappropriating for its own purposes or that of a third party the concept or any other elements of the SHOP MY INFLUENCE SERVICES.
ARTICLE X. PERSONAL DATA
X.1 Processing of personal data implemented by SHOP MY INFLUENCE
As part of the execution of the CONTRACT, SHOP MY INFLUENCE is required to collect and process personal data (as this term is defined in Article 4.1 of European Data Protection Regulation No. 2016/679, also referred to as "GDPR") concerning the ADVERTISER, the employees and/or managers of the ADVERTISER in order to enable it to manage the contractual relationship (hereinafter the "Personal Data").
In this context, SHOP MY INFLUENCE is required to set up and manage, as a manager, one or more Personal Data processing operations, in compliance with the applicable regulations, the purposes of which are the management of the customer relationship (in this including the management of the CONTRACT, orders, delivery, invoices, accounting, monitoring of the contractual relationship), and more generally the management of operations allowing it to communicate with the ADVERTISER.
The data collected is limited to the only professional information collected during the negotiation, conclusion and execution of the CONTRACT (identity of the interlocutors, functions, contact details) and intended solely for the internal departments of SHOP MY INFLUENCE. The processing implemented in this context is based on the necessities of the proper execution of the contractual relationship by SHOP MY INFLUENCE and compliance with its legal obligations.
The Personal Data as well as the entire file associated with the ADVERTISER will be kept for the duration of the contractual relationship and for the applicable limitation period. In accordance with the applicable regulations, the ADVERTISER and/or the employees and managers of the ADVERTISER have a right of access, rectification, erasure of the Personal Data concerning them, a right of limitation of the processing, as well as a right of opposition to the processing of the Data concerning them and of determination of the directives as to their use in the event of death. To exercise these rights, the ADVERTISER may send a request by mail to SHOP MY INFLUENCE, Data Protection Officer, 89 rue Duhesme – 75018 PARIS.
X.2 Processing implemented by SHOP MY INFLUENCE on behalf of the ADVERTISER
As part of the execution of the CONTRACT, SHOP MY INFLUENCE may be required to process the personal data of INTERNET USERS or FOLLOWERS (hereinafter the "DATA") on behalf of the ADVERTISER, as sub- processing personal data within the meaning of the GDPR.
The specific obligations of SHOP MY INFLUENCE and the ADVERTISER with regard to DATA are defined in this article, the provisions of which prevail over all conditions and stipulations of the ADVERTISER (including the possible specifications of the ADVERTISER), even communicated after the T&Cs, not expressly accepted in writing by SHOP MY INFLUENCE.
X.2.1. – Description of DATA processing: SHOP MY INFLUENCE is authorized to process on behalf of the ADVERTISER the DATA necessary for the provision of TRACKING services. The DATA collected and processed by SHOP MY INFLUENCE may be, depending on the processing concerned, the following: e-mail address, nature and/or identification number of the PRODUCTS ordered and quantity, amount of the order of PRODUCTS, user identifier, address IP, click history. The processing carried out on the DATA may be the following: Collection, Recording, Storage, Transfer. The purposes of the DATA processing are the execution of the CONTRACT, and in particular the establishment of STATISTICS and KPIS as well as invoicing.
X.2.2. – Duration of processing: The duration of DATA processing corresponds to the duration of the CONTRACT plus the applicable limitation periods and/or the time required to resolve any disputes relating to INFLUENCER MARKETING OPERATIONS.
X.2.3. – Obligations of SHOP MY INFLUENCE vis-à-vis the ADVERTISER: SHOP MY INFLUENCE undertakes to: • process the DATA only for the sole purposes provided for in article X.2.1 above; • process the DATA in accordance with any instructions documented and transmitted by the ADVERTISER. • guarantee the confidentiality of the DATA processed under this AGREEMENT; SHOP MY INFLUENCE is authorized to use another processor (hereinafter, the "SHOP MY INFLUENCE Subcontractor") to carry out specific processing activities.
X.2.4. – INTERNET USERS’ right to information: It is up to the ADVERTISER to provide, where applicable, the information provided for by the GDPR to INTERNET USERS at the time of DATA collection.
X.2.5. – Exercise of the rights of INTERNET USERS: All of the rights available to INTERNET USERS and FOLLOWERS on their DATA must be exercised by the latter directly and exclusively with the ADVERTISER, SHOP MY INFLUENCE undertakes to comply with any written instruction and lawful on the part of the ADVERTISER in this respect.
X.2.6. – Notifications of PERSONAL DATA breaches: SHOP MY INFLUENCE undertakes to inform the ADVERTISER, as soon as possible after becoming aware of it, of any DATA breach when this breach results, in a mannerCGU SHOP MY INFLUENCE – 01/03/ 2023 accidental or unlawful, unauthorized access or disclosure, alteration, loss or destruction of DATA. It is then up to the ADVERTISER to inform (i) the Supervisory Authority on which it depends and (ii) the persons concerned, when this breach of DATA security "is likely to create a high risk for the rights and freedoms".
X.2.7. – Help from SHOP MY INFLUENCE in the context of the ADVERTISER's compliance with its obligations: SHOP MY INFLUENCE undertakes to help the ADVERTISER to carry out impact analyzes relating to the protection of DATA in the context of the use of the SHOP MY INFLUENCE SOLUTION. SHOP MY INFLUENCE helps the ADVERTISER to carry out the prior consultation of the supervisory authority, if necessary.
X.2.8. – Security measures: SHOP MY INFLUENCE undertakes to implement the appropriate security measures in order to secure the DATA and ensure its integrity and confidentiality.
X.2.9. – Fate of the DATA: As the CONTRACT is executed, SHOP MY INFLUENCE automatically deletes or, in any case, anonymizes all the DATA in its possession within a maximum period of six (6) months after their collection via the SOLUTION SHOP MY INFLUENCE. At the end of the CONTRACT, SHOP MY INFLUENCE undertakes to destroy or, in any case, to anonymize, all the DATA which remains in its possession within a period of two (2) months after the termination of the CONTRACT, unless the Union law or the law of the Member State, or the requirements of a dispute relating to DATA and/or INFLUENCER MARKETING OPERATIONS, does not require the retention of DATA.
X.2.10. – Register of categories of processing activities: SHOP MY INFLUENCE declares to keep in writing a register of all categories of processing activities carried out on behalf of the ADVERTISER.
X.2.11. – Documentation: SHOP MY INFLUENCE provides the ADVERTISER with the necessary documentation to demonstrate compliance with all its obligations and to allow, within the limit of one audit per contractual year, the performance of audits by the ADVERTISER or another auditor appointed by it, and contribute to these audits. These audits will be carried out remotely on the basis of the information requested by the ADVERTISER from SHOP MY INFLUENCE in order to demonstrate the procedures and documentation put in place by SHOP MY INFLUENCE to comply with the GDPR. All costs incurred by the ADVERTISER in the context of said audit will be borne exclusively by the ADVERTISER.
X.2.12. – Obligations and liability of the ADVERTISER vis-à-vis SHOP MY INFLUENCE: The ADVERTISER undertakes to transmit and document in writing any additional instructions concerning the processing of DATA by SHOP MY INFLUENCE.
The ADVERTISER provides SHOP MY INFLUENCE with the following necessary information: - the name and contact details of the ADVERTISER'S DATA processing manager(s) within the meaning of the GDPR; - the name and contact details the ADVERTISER's Personal Data Protection Officer, within the meaning of the GDPR, where applicable or failing that, the ADVERTISER's contact person with regard to the DATA for the purposes of this Annex; The ADVERTISER guarantees that the DATA processed through the SHOP MY INFLUENCE SOLUTION are collected and processed in accordance with the GDPR.
In accordance with European and French legislation on the protection of personal data, in particular the GDPR, before any use of the SHOP MY INFLUENCE SOLUTION offered by SHOP MY INFLUENCE, by the ADVERTISER and throughout the duration of the CONTRACT, the ADVERTISER guarantees to SHOP MY INFLUENCE that:
(i) the ADVERTISER has collected and processes the DATA in a lawful, fair and transparent manner, for specific, explicit and legitimate purposes that SHOP MY INFLUENCE cannot know and of which the ADVERTISER declares to have duly informed the persons concerned. Consequently, any prior declaration obligations related to the processing of DATA with a Supervisory Authority are at its sole expense and the ADVERTISER guarantees to SHOP MY INFLUENCE that it has done so;
(ii) the ADVERTISER is solely responsible for processing the DATA that it collects, enters or processes when using the SHOP MY INFLUENCE SOLUTION and that SHOP MY INFLUENCE is not authorized to process for its own needs ;
(iii) the ADVERTISER alone determines the purposes and means of the DATA processing operated in particular by the use of the SOLUTION offered by SHOP MY INFLUENCE. The guarantees given by the ADVERTISER to SHOP MY INFLUENCE under this article are all essential conditions of the CONTRACT, without which SHOP MY INFLUENCE would not have contracted.
SECTION XI. DURATION OF THE CONTRACT – DENUNCIATION – TERMINATION
XI.1 Duration – Termination
The CONTRACT takes effect on the date of its signature, for an initial duration of one, six or twelve months, depending on the choice made by the ADVERTISER at the time of subscription. The period expires on the day of the last month which bears the same date as the day on which the CONTRACT takes effect; in the absence of an identical date, the period expires on the last day of the month. At the end of its initial term, the CONTRACT will be renewed each month by tacit agreement for a period of one month, unless previously denounced by a PARTY by any means brought to the attention of the other PARTY, or for the ADVERTISER to use the functionality provided for this purpose on the PLATFORM, no later than the last day of the current month. The duration of one month is calculated in accordance with the provisions set out in the preceding paragraph. The exercise of the option of non-renewal of the CONTRACT operated under the aforementioned conditions cannot give rise to damages for the benefit of any of the Parties. All sums already paid by the ADVERTISER remain acquired by SHOP MY INFLUENCE.
XI.2 Termination for non-performance
If either Party fails to perform any of its obligations arising from the CONTRACT, the latter shall be automatically terminated, if the other Party sees fit, 8 (eight) days after the date of first presentation of a registered letter with acknowledgment of receipt of formal notice which has remained unsuccessful and specifying the outstanding obligation or obligations. non-performance and breach of the CONTRACT.
XI.3 Consequences of termination
In all cases of termination, the Parties must remove from the communication and information media, "paper" or computer, any reference to the other party, and this without delay.
In addition, the ADVERTISER is prohibited, for a period of 6 months following the end of the contractual relationship, from pursuing and/or establishing business relationships with an INFLUENCER who has been introduced to it by SHOP MY INFLUENCE and with whom the THE ADVERTISER will have conducted INFLUENCER MARKETING OPERATIONS in the year preceding the end of the CONTRACT.
SECTION XII. INDEPENDENCE OF THE PARTIES
SHOP MY INFLUENCE and the ADVERTISER remain completely independent in their commercial policy outside the provisions provided for in the CONTRACT. In addition, SHOP MY INFLUENCE remains independent of the INFLUENCERS for whom the links with the ADVERTISER are established, the role of SHOP MY INFLUENCE being limited to the management of the connection between INFLUENCERS and ADVERTISERS.
It is expressly agreed between the Parties that the CONTRACT does not create any joint venture, de facto partnership or agency relationship between the Parties, any notion of affectio societatis being formally excluded
SECTION XIII. NULLITY OF A CLAUSE
If any of the stipulations of the contract were recognized as void under a rule of law or a law in force, it would be deemed unwritten and would not result in the nullity of the contract.
SECTION XIV. LANGUAGE – APPLICABLE LAW – ATTRIBUTION OF JURISDICTION
The law applicable to the CONTRACT is French law. In the absence of an amicable agreement, any dispute in progress or at the end of the agreement on the interpretation or execution of the CONTRACT will be submitted by the most diligent party to the Commercial Court of Paris, notwithstanding multiple defendants or warranty claims, even for emergency procedures or conservatory procedures