PLEASE READ THESE REFERRAL PROGRAM TERMS (THIS "AGREEMENT") CAREFULLY. BY APPLYING TO OR PARTICIPATING IN THE AFFILIATE REFERRAL PROGRAM (THE "PROGRAM") AND/OR BY CLICKING A BUTTON AND/OR CHECKING A BOX MARKED "CONFIRM," "I AGREE," OR SOMETHING TO THAT EFFECT, YOU (AS DEFINED BELOW) SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL TERMS INCORPORATED HEREIN BY REFERENCE.
This Agreement applies to each individual or entity ("Affiliate," "you," or "your") participating in the Program, which is operated by React Motion Technologies SAS ("Caramel," "we," "our," or "us"). This Agreement complements, and hereby incorporates by this reference, Caramel's Terms of Service, currently available at https://joincaramel.com/terms, as they may be updated from time to time ("Terms of Service"). In the event of any conflict or inconsistency between the Terms of Service and this Agreement, this Agreement will control to the extent of such conflict or inconsistency.
1. Program Enrollment & Eligibility
To apply for participation in the Program, you must: (a) agree to this Agreement; (b) submit an application to participate in the Program; and (c) provide a valid account for a payment processor (such as PayPal or Stripe) acceptable to us, in our sole discretion ("Payment Method") (collectively, the "Enrollment Requirements"). After your completion of the Enrollment Requirements, you may be accepted into, and enrolled in, the Program. Acceptance into and continued participation in the Program may be granted, denied, withheld or revoked in our sole discretion as Caramel reserves the right to re-evaluate your enrollment in the Program at any time.
2. Representations & Warranties
By participating in the Program, you represent and warrant that you will comply with all applicable laws, have the authority to bind yourself to this Agreement, have necessary rights for materials used, will not engage in deceptive practices, and will comply with GDPR and other privacy regulations. A breach of these representations constitutes a material breach and will result in immediate termination.
3. Commissions
Each entity that, within thirty (30) days of clicking on your Affiliate Link; (i) subscribes to a paid plan for Caramel AI Agent services described at https://joincaramel.com/pricing (each such entity, a "Customer," and, each such paid plan, a "Subscription"); and (ii) makes at least one (1) payment in accordance with its applicable Subscription, is a successful referral ("Referral"). For each Referral, you will receive twenty percent (20%) of the subscription revenue actually received by Caramel (excluding taxes, refunds, chargebacks, etc.) for the lifetime of the applicable Subscription ("Commission").
Commissions are paid monthly when your accumulated balance reaches €300 or more. The right to receive Commissions for a Referral will cease upon termination of this Agreement or your participation in the Program.
4. Program Rules
You must comply with all applicable laws including GDPR, and are prohibited from: link manipulation, fraudulent activities, copying our site design, cookie stuffing, self-referrals, spam, using the Affiliate Link on sites with offensive content, making unauthorized discount offers, and promoting through sub-affiliate networks without permission.
5. Termination
We may terminate this Agreement with 10 days' written notice or immediately for violations. You may terminate with 10 days' written notice. Upon termination, you must cease all program activities and remove all Caramel materials.
6. Licensed Materials; Ownership
We grant you a limited license to use our Licensed Materials solely in connection with your participation in the Program. All rights not expressly granted are reserved by Caramel.
7. Confidentiality
You must maintain the confidentiality of our Confidential Information and may not disclose it to third parties. This obligation survives termination.
8. Indemnification
You agree to indemnify and hold harmless Caramel from any claims arising from your breach of this Agreement, violation of laws, or other misconduct in connection with the Program.
9. Limitation of Liability
Our total liability is limited to direct damages only and shall not exceed the Commissions paid to you in the 12 months preceding the claim.
10. Governing Law
This Agreement is governed by French law, and you agree to the exclusive jurisdiction of French courts in Paris. Disputes will be resolved through binding arbitration administered by the Paris Chamber of Commerce.
Contact Information
React Motion Technologies SAS
73 Allée Kléber, 34000 Montpellier, France
SIRET: 94861223900012
VAT: FR95948612239
Email: affiliates@joincaramel.com
11. Miscellaneous Provisions
This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, whether written or oral.
12. Independent Contractor Status
You are an independent contractor of Caramel. This Agreement does not create any partnership, joint venture, agency, or employment relationship.
13. Assignment
You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction.
14. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond their reasonable control.
15. Notices
All notices shall be in writing and delivered to the addresses set forth above, with electronic notice deemed sufficient for purposes of this Agreement.