Partner programme terms

Purpose

These terms govern the Fitness Vendor partner programme, published by FV - Fitness Vendor (SAS, RCS Cherbourg 921 713 418, 41 Les Bertrands, 50470 Tollevast, France). The programme is for agencies and freelancers who support businesses and recommend Fitness Vendor to them.

The partner prepares setting templates, invites their clients through a personal link and earns a commission on their subscription, under the conditions set out below.

Becoming a partner

Participation in the programme is requested from the website. Fitness Vendor accepts or declines each request at its discretion, without having to give reasons.

An accepted partner creates their access, fills in their company details (registered name, registration number, address, VAT status) and accepts these terms. They warrant that this information is accurate and keep it up to date.

The programme is reserved for professionals. The partner's access is personal: they neither lend nor transfer it.

The partner's role

In their space, the partner prepares the settings they offer their clients: sales journey, automations, AI agent, appointment types, catalogues, message templates. They invite clients through their invitation link.

Each client subscribes directly with Fitness Vendor, under the terms of use and price in force. The partner has no authority to negotiate or conclude a contract on behalf of Fitness Vendor, to grant a discount or to make any commitment on its behalf.

The partner acts independently, under their sole responsibility, with no exclusivity and no targets. They are neither an employee, nor a commercial agent, nor a representative of Fitness Vendor. They remain solely responsible for the services they sell to their own clients.

What the partner knows about their clients

The partner knows the name of each client's business, the date it was attached and the status of its subscription (on trial, subscribed, cancellation scheduled, cancelled). Each client is told so before accepting.

The partner has no access to their clients' contacts, conversations, figures or team. They offer their templates and cannot impose anything: each client freely changes what they receive.

Each client may detach from their partner at any time, without giving a reason. They keep a copy of what they received.

Commission

The commission is 20% of the price excluding tax of the Fitness Vendor subscription actually collected from each business created through the partner's invitation link.

It is due for as long as the business remains subscribed, remains attached to the partner, and the partner takes part in the programme.

No commission is due on the trial period, on an instalment that is unpaid, refunded or disputed, nor on SMS, conversation top-ups, custom development and, more generally, anything other than the subscription.

No commission is due for a business that was already a Fitness Vendor customer before being attached, for a business that detached and was attached again, nor for a business the partner operates or controls.

Payment

Commissions are settled each month in a statement detailing, for each client, the subscription collected, the rate and the amount due.

They are paid into the payment account the partner opens with Stripe, Fitness Vendor's payment provider, which verifies their identity and that of their company. Until that account is opened and verified, commissions are held without interest and paid as soon as it is.

The fees charged by Stripe for that account and for transfers are borne by the partner and deducted from the payment. The statement shows the commission, the fees and the net amount.

A subscription refunded, unpaid or disputed after the corresponding commission was paid is deducted from the next statement.

Invoicing

The partner authorises Fitness Vendor to issue, in their name and on their behalf, the invoices for their commissions (self-billing), based on the monthly statement. Each invoice is provided to them; unless they dispute it within fifteen days, it is deemed accepted.

The partner remains solely responsible for their tax and social obligations, including declaring and paying VAT where they are liable for it. They declare their VAT status to Fitness Vendor and inform it without delay of any change, as of any change to their company.

Invoices for a partner under the French small-business VAT exemption carry the statement “TVA non applicable, art. 293 B du CGI”. For a partner established outside France, VAT is handled under the rules applicable to services between businesses.

The partner's commitments

The partner presents Fitness Vendor fairly and accurately, with no promise of results and no misleading information about the service, its features or its price.

They comply with the regulations applicable to their own marketing and send no non-compliant solicitation while claiming to act for Fitness Vendor.

They use the Fitness Vendor name and logo only to indicate that they are a partner, without suggesting that they act on its behalf.

They refrain from creating fictitious businesses or having them created, from inviting themselves, and more generally from any scheme intended to obtain an undue commission.

They keep confidential the non-public information they learn about Fitness Vendor and its customers.

Personal data

Fitness Vendor processes, as data controller, the partner's data needed for the programme: identity, contact details, company, proof of acceptance of these terms, commission statements. Identity verification documents are collected and kept by Stripe. Fitness Vendor's privacy policy applies.

The partner has no access through the programme to any personal data of their clients' contacts. They act neither as a processor nor as a joint controller of Fitness Vendor or its customers in that respect.

Term and termination

These terms apply for an indefinite period from their acceptance.

The partner may leave the programme at any time by a simple message to contact@fitness-vendor.com. Commissions cease to be due on the date they leave; those earned until then are paid to them.

Fitness Vendor may end the programme, or a partner's participation, with six months' notice during which commissions remain due.

In the event of a serious breach by the partner of their commitments, in particular fraud, Fitness Vendor may end their participation without notice. Commissions obtained by fraud are not due, and those already paid on that basis are returned.

The end of the partner's participation has no effect on their clients' subscriptions: they keep their settings and their contract with Fitness Vendor.

Changes to these terms

Fitness Vendor may change these terms. The partner is informed at least thirty days before they take effect and accepts the new version from their space to keep inviting clients. If they decline, they may leave the programme under the conditions of the previous article.

A reduction in the commission rate applies only to businesses attached after it takes effect.

Liability

Fitness Vendor guarantees the partner no volume of clients and no revenue, and is not responsible for a client's decision to cancel their subscription or to detach.

Fitness Vendor's liability under the programme is limited, for all losses combined, to the amount of commissions due to the partner over the last twelve months.

Governing law

These terms are governed by French law. Failing an amicable settlement, any dispute falls within the exclusive jurisdiction of the commercial court of Cherbourg-en-Cotentin, France.