TL;DR;
Commission récurrente de 10 % payée pour les inscriptions aux comptes Advanced, Basic, Pro et Team via un code de parrainage. Pas de publicité sur notre marque, de spam, d'activités illégales ou de publicités sur les moteurs de recherche. Commission versée à PayPal. Lisez les conditions complètes ci-dessous.
Les termes complets ne sont disponibles qu’en anglais.
These are the terms and conditions applicable to (affiliate) partner agreements between SaaS service provider BuiltWith Pty Ltd, with its principal office located at L35, One International Towers, 100 Barangaroo Avenue in
Sydney, Australia and registered as ACN 167 706 470. (hereinafter referred to as “BuiltWith”) and users intending to provide BuiltWith with referral services.
A Partner Agreement is concluded by your request to enroll in the BuiltWith Partner Program, your acceptance of these Affiliate Partner Terms, Annex 1 and (if provided and applicable) the additional terms and conditions contained in Annex 2 to these Affiliate Partner Terms – and our subsequent acceptance and confirmation of your enrollment and of the conclusion of the Partner Agreement. Upon conclusion of the Partner Agreement, you will be authorized to perform Referral Services on behalf of BuiltWith, in accordance with the terms and conditions set out in this Partner Agreement.
We reserve the right to evaluate each application to enroll in the BuiltWith Partner Program. As a result, we may decide that we do not want to conclude a Partner Agreement, and thus reject the application, we can do this at our discretion.
The right to perform Referral Services for us is provided on a non-exclusive basis. We will engage other partners or affiliates for the performance of similar or identical activities and services, and will always remain entitled to perform such activities, and any other conceivable promotional activities by itself.
By entering into the BuiltWith Partner Agreement, neither you or us legally form a partnership, general partnership, public partnership, joint venture or equivalent partnership. Neither Party will be authorized to enter into agreements on the other party's behalf.
You must:
- adhere to all applicable laws and regulations in relation to the BuiltWith Partner Agreement
- refrain from performing Referral Services via websites (or other channels) of an unlawful or illegal nature
- refrain from performing Referral Services through electronic communication in a way that would constitute 'spam' and is in violation of applicable law, such as the unsolicited performance of promotional activities through e-mail, SMS or a similar medium
- refrain from distorting the tracking of the performance of the Referral Services by performing self-referrals
- refrain from buying or bidding on keywords in Google Ads or doing the same with any similar service(s) from other providers for the same or similar purpose, consisting any parts of our trademark BuiltWith
- refrain from search engine ads (especially on branded terms or domain names), Facebook ads or other ads that would compete with BuiltWith's marketing and cause potential confusion for customers
- clearly disclose your relationship with us when promoting Referral Services
- according to Australian Consumer Law, you must ensure your advertising is not misleading or deceptive. This means you must accurately represent the products or services.
We may conduct a satisfaction research regarding your affiliate promotional activities. We may request feedback from any leads you provide to us. We may terminate the BuiltWith Partner Agreement with immediate effect when the research, according to our opinion, shows that further affiliation with you will or might have a negative effect on our reputation.
Any abuse of the tools provided to perform and/or track the Referral Services will result in termination of the BuiltWith Partner Agreement with immediate effect without notice being required.
You may on the conditions specified in Annex 1 to these Affiliate Partner Terms, obtain the right to a certain amount of commission when a Lead undertakes a purchase on BuiltWith.
We will pay the commission owed to you through the agreed payment method and in the agreed currency after the cooldown period, specified in Annex 1 to these Affiliate Partner Terms. You are responsible for payment of any taxes applicable to the commission. The commission as paid out by us is considered to be inclusive of VAT/GST and/or other levies. Any costs payable for the exchange of currency, as well as any other payment associated costs, are at the expense of yourself.
When the commission accrued during a Payment Period is less than the Payment Threshold, the accrued amount will be carried over to the following Payment Period until the Payment Threshold is met.
Both Parties are entitled to terminate the BuiltWith Partner Agreement without cause and with immediate effect, at any time.
Nothing in the BuiltWith Partner Agreement will be interpreted or construed so as to transfer any right, title, or interest in any Intellectual Property Rights of a Party to the other Party.
We retain all Intellectual Property Rights to or in its services and any other software or materials provided or made available by us.
You are granted the right to use relevant names and logos of BuiltWith for the sole purpose of providing Referral Services. We can stipulate conditions for how these materials are used or reproduced, which you must comply with strictly.
We can only be liable towards you for direct damages as a result of an attributable failure in the performance of the BuiltWith Partner Agreement. Our liability for indirect damages is excluded. For the purposes of the BuiltWith Partner Agreement, indirect damages include lost savings, loss of data, loss of profit, damage to reputation and damage due to business interruption or stagnation.
Without prejudice to the foregoing, our liability for direct damages is limited to the amount (excluding GST) of commission paid to you (if any) in the month prior to the damage-causing incident.
Any right to compensation is subject to the condition you notify us in writing of the damage within 30 days after discovery.
Neither Party can be obliged to perform any obligation under the BuiltWith Partner Agreement if such performance is prevented due to force majeure. Neither Party is liable for any loss and/or damage due to force majeure. Force majeure is considered to exist in any event in case of power outages, Internet failures, telecommunication infrastructure failures, network attacks (including D(DOS) attacks), attacks by malware or other harmful software, civil commotion, natural disaster, terror, mobilisation, war, import and export barriers, strikes, stagnation in supplies, fire, floods and any circumstance whereby a Party is not enabled to perform or prevented from performing by its suppliers, irrespective of the reason..
The Parties will treat as confidential and not disclose, except as expressly permitted herein, (i) the contents of the BuiltWith Partner Agreement and (ii) the information they provide to each other before, during or after the performance of the BuiltWith Partner Agreement if this information has been marked as confidential or if the receiving Party knows or should reasonably assume that this information was intended to be confidential. The Parties also impose this obligation on their employees and on the third parties engaged by them for the performance of the Partner Agreement.
In the event that a receiving Party becomes legally compelled to disclose any confidential information provided pursuant to the BuiltWith Partner Agreement, such receiving Party will provide the disclosing Party with prompt written notice so that disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the confidentiality provisions of the Partner Agreement.
We are entitled to amend or supplement the BuiltWith Partner Agreement, these Affiliate Partner Terms, including Annex 1, at any given moment. If you are not willing to accept an amendment, you may terminate the BuiltWith Partner Agreement by the date on which the amendment takes effect.
This Agreement is governed exclusively by Australian law. Any dispute between the Parties in connection with or rising from the Agreement will be submitted to the competent court in Sydney, Australia – unless the provisions of mandatory law dictate otherwise. If any provision of the Agreement is found to be contrary to applicable law, or is otherwise unenforceable, this provision will be amended to the extent that it is in accordance with applicable law, with due observance of the intended meaning of the relevant provision.
Annex 1
Partner will receive commission of 10% of the total value, in USD as reported and calculated through the BuiltWith Affiliate Platform, of eligible purchases made by a Lead as a result of your Referral Services, excluding discounts, VAT/GST and any other applicable extra charges, during the commission period and after the cooldown period.
‘Eligible purchases’ will be understood to mean the purchase or renewal of any of BuiltWith following products, subscriptions or services during the Commission Period:
- BuiltWith Advanced, Basic, Pro or Team Purchases
Example: A purchase of BuiltWith Pro for $495 USD provides a commission of $49.50 paid after the cooldown period (to allow for refunds/chargebacks to expire).
You will not be entitled for commission on:
- BuiltWith Dataset Purchases
- API Credits Purchases
- List Upload Purchases
- Firehose Purchases
- LeadsEye Purchases
- for purchases of eligible purchases by Leads who have turned to BuiltWith independently and directly without the intermediary efforts of yourself (not reported through the BuiltWith Affiliate Platform)
- in cases where we has not received payment (including chargeback events) of amounts due by the Lead for the eligible purchase
- if the Lead is, or was, a customer of BuiltWith prior to the moment the Lead was referred by yourself
- that is generated by you by fraudulent acts or acts in violation of the BuiltWith Partner Agreement or applicable law
- other than the commission explicitly specified in the BuiltWith Partner Agreement.
Payment Period: 30 days
Payment Threshold: $50 USD
Payment Method: PayPal
Cooldown Period: 3 months
Commission Period: 12 to 24 months
Annex 2
None