Ambassador programme terms

Preamble

These terms govern the ambassador programme offered by MEMORY PENCIL, publisher of the website www.memorypencil.com (hereinafter “Memory Pencil”), whose details are provided in the legal notice.

Anyone who joins the programme (hereinafter “the Ambassador”) accepts these terms without reservation.

Article 1: Purpose

The ambassador programme allows the Ambassador to promote Memory Pencil by means of a personal code. Customers who use this code receive a discount on their order, and the Ambassador earns a commission on the sales generated through them.

Article 2: Joining the programme

The programme is open to adult natural persons. Membership is by application; Memory Pencil remains free to accept or refuse an application without having to give reasons for its decision. Once an application is accepted, Memory Pencil creates the ambassador account and provides the code to the person concerned.

Membership is free and imposes no commitment period and no minimum sales volume.

Article 3: The ambassador code

The code is personal and assigned to a single Ambassador. When a customer enters it during their order, they receive a discount of 5% on the price of their album.

The code cannot be combined with a gift code or any other promotional offer. The Ambassador may not use it for their own orders. Any misleading or fraudulent use, or use contrary to these terms, may result in the code being deactivated.

Article 4: Commission

For every order paid and placed with the Ambassador's code, the Ambassador earns a commission calculated as a percentage of the amount actually paid by the customer (discount deducted). The commission rate is set individually with each Ambassador and communicated to them when they join.

The commission is earned at the moment the corresponding order is paid. Unpaid orders (abandoned carts) give rise to no commission.

Article 5: Cancellation and refund

If an order placed with the code is cancelled or refunded, the corresponding commission is not due. If it has already been paid, its amount may be deducted from future payments.

Article 6: Payment of commissions

Commissions due are paid quarterly, by bank transfer, to the details provided by the Ambassador. Payment is only made once the total commissions due reach €20; below this threshold, the balance carries over to the following quarter.

Payment is subject to the Ambassador providing a business-introducer invoice corresponding to the sums due.

Article 7: Status and obligations of the Ambassador

The Ambassador acts entirely independently. The programme creates between the parties neither an employment contract, nor a mandate, nor a company, nor any form of representation: the Ambassador may not bind Memory Pencil or speak on its behalf.

The Ambassador is solely responsible for their own tax and social-security obligations. It is up to them to declare the commissions received and to comply with the regulations applicable to their activity.

As the payment of commissions is subject to the issuing of a business-introducer invoice (article 6), the Ambassador must hold a status that allows them to invoice, for example as a sole trader (French micro-enterprise).

The Ambassador undertakes to promote Memory Pencil fairly, without misleading practices, without false advertising and without unsolicited canvassing.

Article 8: Personal data

The Ambassador's personal data is processed in accordance with our Privacy Policy.

Article 9: Term, suspension and termination

The programme runs for an indefinite term. Memory Pencil may change it, suspend it or end it at any time, and may likewise deactivate a code in the event of a breach of these terms or of fraud.

Each code is valid until the date given to the Ambassador when it is created (one year by default) and may be extended by mutual agreement. After that date it no longer gives a discount; commissions earned on orders placed before it remain payable.

The Ambassador may leave the programme whenever they wish, on simple request. Commissions duly earned before the end of participation remain payable.

Article 10: Applicable law

These terms are governed by French law. Failing amicable resolution, any dispute falls within the jurisdiction of the competent French courts.

Article 11: Language

These terms are originally drafted in French. An English version is provided for the convenience of non-French-speaking Ambassadors. In case of discrepancy between the French and English versions, the French version prevails.