Terms of Services
MARTT-BUDGETING LLC, headquartered at 6001 MENAUL BLVD NE, Albuquerque, 87110, NM, USA, offers a subscription service allowing users to access training videos and group courses led by an instructor.
These Terms and Conditions govern your use of our service. The terms "SB service," "our service," or "the service" refer to the service provided by SMARTT-BUDGETING LLC, enabling users to search for and watch SB Content, including all features, recommendations, the Site and user interfaces, as well as all SB Content and associated software.
SMARTT-BUDGETING LLC encourages Users to read these Terms and Conditions carefully. Subscribing on the Site implies acceptance of the Terms and Conditions. The features of each subscription are indicated on the dedicated page of the Site. The photographs or graphics presented on the Site are not contractual.
The User acknowledges having read and accepted the Terms and Conditions by checking the box provided for this purpose before subscribing online.
These Terms and Conditions are systematically communicated to the User upon request.
Subscription
1.1: Your subscription to SMARTT-BUDGETING LLC, which grants access to the SB service, continues until terminated or expired per the subscription plan conditions. To use the SMARTT-BUDGETING LLC service, you must have Internet access and a compatible device and provide one or more Payment Methods. A "Payment Method" means a current, valid, accepted payment method that may be updated periodically and may include payment through your account with a third party. Unless you cancel your subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle via your Payment Method (see "Cancellation" below).
1.2: We may offer various subscription plans, including special promotional plans. Some subscription plans may have different conditions and limitations, which will be disclosed at your registration or in other communications made available to you. You can find specific details about your SMARTT-BUDGETING LLC subscription by visiting our website.
1.3: Pricing When a User wishes to subscribe to the SMARTT-BUDGETING LLC service, the subscription price is displayed in Euros or USD, depending on the country's currency in which they are connected. The price is displayed excluding taxes (excl. VAT) or including all taxes (incl. VAT) based on the indicated status, individual or professional, and the country in which they are connected. It considers applicable and current discounts on the subscription date. The subscriptions are described on the corresponding page within the Site. A User cannot demand the application of discounts no longer in effect on the subscription date.
1.4: To subscribe, the User must complete all required fields; otherwise, the subscription cannot be completed.
1.5: You guarantee and declare that all information provided on the Site, especially when subscribing, is accurate and compliant. You agree to update your personal information from the page dedicated to it, available in the "My Profile" tab on the Site.
Billing and Cancellation
2.1: Billing Cycle The subscription fees for the SB service will be billed via your Payment Method on the specific billing date indicated on your "My Profile" page. The length of your billing cycle depends on the type of subscription you choose when you sign up for the service. In some cases, your billing date may change, for example, if your Payment Method did not work or if your paid subscription began on a day not contained in a given month. Visit our website and go to the "My Profile" page to see your next billing date.
2.2: Payment Methods To use the SB service, you must provide one or more Payment Methods. You authorize us to charge your account through any Payment Method associated with your account if your primary Payment Method is declined or is no longer available for payment of your subscription fees. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to our service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other charges relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
2.3: Updating your Payment Methods You can update your Payment Methods by going to the "Back Office My Profile" page. We may also update your Payment Methods using information provided by the payment service providers. After any update, you authorize us to continue to charge your account through the updated Payment Methods.
2.4: Cancellation You can cancel your SMARTT-BUDGETING LLC subscription at any time, and you will continue to have access to the service through the end of your billing period. Payments are non-refundable, and we do not provide refunds or credits for partial subscription periods. To cancel your subscription, go to the "My Profile" page, click on "Cancel My Subscription," and follow the instructions. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click on the "My Profile" page.
2.5: Changes to the Price and Subscription Plans We may change our subscription plans and the price of our service from time to time. However, any price changes or changes to your subscription plans will apply no earlier than 3 days following notice to you.
SB Service
3.1: You must be 18 years of age, or the age of majority in your province, territory, or country, to subscribe to the SB service. Minors may use the service only under the supervision of an adult with parental authorization.
3.2: The SB service, including the content viewed through the service, is for your personal and commercial use only and may not be shared with individuals beyond your household. During your SB subscription, we grant you a limited, non-exclusive, non-transferable right to access the SB service and view SB Content. Except for that limited right, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances.
3.3: You may view SB Content primarily within the country where you have established your account and only in geographic locations where we offer our service and have licensed such content. The available content may vary by geographic location and will change from time to time.
3.4: The SB service, including the content library, is regularly updated. Additionally, we test various aspects of our service, including our website, user interfaces, promotional features, and the availability of SB Content. You can opt out of these tests by visiting the "Account" page and changing the "Test Participation" settings.
3.5: You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms and Conditions) content and information contained on or obtained from or through the SB service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SB service; use any robot, spider, scraper or other automated means to access the SB service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the SB service; insert any code or product or manipulate the content of the SB service in any way; or use any data mining, data gathering or extraction method. Furthermore, you agree not to upload, post, e-mail, send, or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SB service, including any software viruses or any other computer code, files, or programs. We may terminate or restrict your use of our service if you violate these Terms and Conditions or are engaged in illegal or fraudulent use of the service.
3.6: The quality of the display of the SB Content may vary from device to device and may be affected by various factors, such as your location, the available bandwidth, and/or the speed of your Internet connection. The availability of HD, Ultra HD, and HDR formats depends on your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD, or HDR, and not all subscription plans allow you to receive content in all formats. The default playback settings on cellular networks exclude HD, Ultra HD, and HDR content. The minimum connection speed to view standard definition content is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as 720p or better). A download speed of at least 10.0 Mbps per stream is recommended to receive Ultra HD (4K or better) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. SB makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching SB Content will vary based on several factors, including your location, available bandwidth at the time, the content you selected, and the configuration of your SB ready device.
Passwords and Account Access
4.1: The User who created the SB account and whose Payment Method is charged (the "Account Owner") has access to and control over the SB account and the SB ready devices used to access our service. To maintain control over the account and prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the SB ready devices used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold to protect you, SB,SMARTT-BUDGETING LLC, headquartered at 6001 MENAUL BLVD NE, Albuquerque, 87110, NM, USA, offers a subscription service allowing users to access training videos and group courses led by an instructor.
These Terms and Conditions govern your use of our service. The terms "SB service," "our service," or "the service" refer to the service provided by SMARTT-BUDGETING LLC, enabling users to search for and watch SB Content, including all features, recommendations, the Site and user interfaces, as well as all SB Content and associated software.
SMARTT-BUDGETING LLC encourages Users to read these Terms and Conditions carefully. Subscribing on the Site implies acceptance of the Terms and Conditions. The features of each subscription are indicated on the dedicated page of the Site. The photographs or graphics presented on the Site are not contractual.
The User acknowledges having read and accepted the Terms and Conditions by checking the box provided for this purpose before subscribing online.
These Terms and Conditions are systematically communicated to the User upon request.
Subscription
1.1: Your subscription to SMARTT-BUDGETING LLC, which grants access to the SB service, continues until terminated or expired per the subscription plan conditions. To use the SMARTT-BUDGETING LLC service, you must have Internet access and a compatible device and provide one or more Payment Methods. A "Payment Method" means a current, valid, accepted payment method that may be updated periodically and may include payment through your account with a third party. Unless you cancel your subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle via your Payment Method (see "Cancellation" below).
1.2: We may offer various subscription plans, including special promotional plans. Some subscription plans may have different conditions and limitations, which will be disclosed at your registration or in other communications made available to you. You can find specific details about your SMARTT-BUDGETING LLC subscription by visiting our website.
1.3: Pricing When a User wishes to subscribe to the SMARTT-BUDGETING LLC service, the subscription price is displayed in Euros or USD, depending on the country's currency in which they are connected. The price is displayed excluding taxes (excl. VAT) or including all taxes (incl. VAT) based on the indicated status, individual or professional, and the country in which they are connected. It considers applicable and current discounts on the subscription date. The subscriptions are described on the corresponding page within the Site. A User cannot demand the application of discounts no longer in effect on the subscription date.
1.4: To subscribe, the User must complete all required fields; otherwise, the subscription cannot be completed.
1.5: You guarantee and declare that all information provided on the Site, especially when subscribing, is accurate and compliant. You agree to update your personal information from the page dedicated to it, available in the "My Profile" tab on the Site.
Billing and Cancellation
2.1: Billing Cycle The subscription fees for the SB service will be billed via your Payment Method on the specific billing date indicated on your "My Profile" page. The length of your billing cycle depends on the type of subscription you choose when you sign up for the service. In some cases, your billing date may change, for example, if your Payment Method did not work or if your paid subscription began on a day not contained in a given month. Visit our website and go to the "My Profile" page to see your next billing date.
2.2: Payment Methods To use the SB service, you must provide one or more Payment Methods. You authorize us to charge your account through any Payment Method associated with your account if your primary Payment Method is declined or is no longer available for payment of your subscription fees. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to our service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other charges relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
2.3: Updating your Payment Methods You can update your Payment Methods by going to the "Back Office My Profile" page. We may also update your Payment Methods using information provided by the payment service providers. After any update, you authorize us to continue to charge your account through the updated Payment Methods.
2.4: Cancellation You can cancel your SMARTT-BUDGETING LLC subscription at any time, and you will continue to have access to the service through the end of your billing period. Payments are non-refundable, and we do not provide refunds or credits for partial subscription periods. To cancel your subscription, go to the "My Profile" page, click on "Cancel My Subscription," and follow the instructions. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click on the "My Profile" page.
2.5: Changes to the Price and Subscription Plans We may change our subscription plans and the price of our service from time to time. However, any price changes or changes to your subscription plans will apply no earlier than 3 days following notice to you.
SB Service
3.1: You must be 18 years of age, or the age of majority in your province, territory, or country, to subscribe to the SB service. Minors may use the service only under the supervision of an adult with parental authorization.
3.2: The SB service, including the content viewed through the service, is for your personal and commercial use only and may not be shared with individuals beyond your household. During your SB subscription, we grant you a limited, non-exclusive, non-transferable right to access the SB service and view SB Content. Except for that limited right, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances.
3.3: You may view SB Content primarily within the country where you have established your account and only in geographic locations where we offer our service and have licensed such content. The available content may vary by geographic location and will change from time to time.
3.4: The SB service, including the content library, is regularly updated. Additionally, we test various aspects of our service, including our website, user interfaces, promotional features, and the availability of SB Content. You can opt out of these tests by visiting the "Account" page and changing the "Test Participation" settings.
3.5: You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms and Conditions) content and information contained on or obtained from or through the SB service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SB service; use any robot, spider, scraper or other automated means to access the SB service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the SB service; insert any code or product or manipulate the content of the SB service in any way; or use any data mining, data gathering or extraction method. Furthermore, you agree not to upload, post, e-mail, send, or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SB service, including any software viruses or any other computer code, files, or programs. We may terminate or restrict your use of our service if you violate these Terms and Conditions or are engaged in illegal or fraudulent use of the service.
3.6: The quality of the display of the SB Content may vary from device to device and may be affected by various factors, such as your location, the available bandwidth, and/or the speed of your Internet connection. The availability of HD, Ultra HD, and HDR formats depends on your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD, or HDR, and not all subscription plans allow you to receive content in all formats. The default playback settings on cellular networks exclude HD, Ultra HD, and HDR content. The minimum connection speed to view standard definition content is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as 720p or better). A download speed of at least 10.0 Mbps per stream is recommended to receive Ultra HD (4K or better) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. SB makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching SB Content will vary based on several factors, including your location, available bandwidth at the time, the content you selected, and the configuration of your SB ready device.
Passwords and Account Access
4.1: The User who created the SB account and is billed subscription fees through the chosen Payment Method (the "Account Holder") has access to and control over the SMARTT-BUDGETING LLC account and the compatible devices used to access our service. This User is responsible for all activity that occurs through their SMARTT-BUDGETING LLC account. To maintain control of the account and prevent anyone from accessing it (and accessing information such as the account's viewing history), the Account Holder should maintain control over the devices compatible with SMARTT-BUDGETING LLC that are used to access the service and should not disclose the password or any Payment Method details associated with the account to anyone, under penalty of suspension or termination of the registered Account Holder's account.
4.2: You are personally responsible for updating and maintaining accurate information related to your account. We may terminate or suspend your account to protect you, as well as to protect SMARTT-BUDGETING LLC or its partners, against identity theft or any other fraudulent activity. Account deletion results in the permanent loss of all benefits and services acquired on the Site.
Personal Data Processing
5.1: SMARTT-BUDGETING LLC, as the data controller, may collect and process personal data concerning Users wishing to access the Site, including via the registration form, cookies, or any other form that may be offered through the Site. If the User refuses the processing of their data, it is recommended to refrain from using the Site.
5.2: The collected data is essential for processing your requests and your file within SMARTT-BUDGETING LLC and will be retained for durations proportional to the purposes for which they were collected and in compliance with the obligations of the data controller. They are primarily intended for the relevant services of SMARTT-BUDGETING LLC and, where applicable, its service providers and subcontractors.
5.3: Within the limits set by the European Data Protection Regulation and the National Commission for Informatics and Liberties (CNIL), Users have the right to access personal data, modify, rectify, limit, oppose their processing, or request their transfer and deletion, provided they justify a legitimate reason. Requests should be sent by email to the responsible party at the provided address. The data owner also has the right to file a complaint with the CNIL for any dispute. If there is any doubt about your identity, a copy of an identity document may be requested.
5.4: The data controller commits to implementing physical and logical protection measures for personal data in accordance with the requirements of the European Data Protection Regulation and the CNIL.
5.5: SMARTT-BUDGETING LLC may use third-party companies to perform certain operations. By browsing the Site, the User agrees that third-party companies may access their data to ensure the proper functioning of the Site. These third-party companies only have access to the data collected as part of performing a specific task. SMARTT-BUDGETING LLC remains responsible for processing this data. Additionally, the User may receive information or commercial offers from SMARTT-BUDGETING LLC or its partners. The User can opt-out of receiving these commercial offers at any time by specifying so in the received emails.
5.6: User information may be transmitted to third parties without their prior express consent for the following purposes:
- To comply with the law,
- To protect any person from serious bodily harm,
- To combat fraud or harm to SMARTT-BUDGETING LLC or its users,
- To protect the property rights of SMARTT-BUDGETING LLC.
Cookies
6.1: To enable its Users to benefit from optimal navigation on the Site and better functionality of the various interfaces and applications, SMARTT-BUDGETING LLC may implant a cookie on the User's computer. This cookie stores information related to navigation on the Site and any data entered by Users (including searches, login, email, password).
6.2: The User expressly authorizes SMARTT-BUDGETING LLC to place a "cookie" file on the user's hard drive.
6.3: The User can block, modify the duration of retention, or delete this cookie through their browser interface. If the systematic deactivation of cookies on the User's browser prevents them from using certain services or functionalities of the Site, this malfunction cannot constitute a damage to the User, who cannot claim any compensation as a result.
Liability
7.1: SMARTT-BUDGETING LLC cannot be held responsible for the temporary or permanent unavailability of the Site, and although SMARTT-BUDGETING LLC uses all its means to ensure continuous service, it may be interrupted at any time. Additionally, SMARTT-BUDGETING LLC reserves the right to voluntarily make the Site unavailable to perform updates, improvements, or maintenance. Where possible, SMARTT-BUDGETING LLC will endeavor to notify Users via the Site.
7.2: As mentioned previously in these terms, SMARTT-BUDGETING LLC cannot be held responsible for any malfunctioning services for reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which it cannot be held accountable.
User's Right of Withdrawal
8.1: The immaterial, digital, direct, and immediate provision of SB Content to the User constitutes an exception to Article L. 221-28 of the Consumer Code. Consequently, by accepting these Terms and Conditions and wishing to access SB Content, the User expressly waives their right of withdrawal.
Intellectual Property
9.1: The brand, logo, technologies, graphic design, data, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, patents, private data, technologies, products, publications, processes on this Site are the exclusive property of SMARTT-BUDGETING LLC or third parties who have granted it a license and are protected by intellectual property rights. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the prior express authorization of SMARTT-BUDGETING LLC, is strictly prohibited and will expose the offender to civil and criminal prosecution.
Miscellaneous
10.1: Applicable Law. These Terms and Conditions are governed and interpreted according to French law. They do not limit consumer protection provisions under the legislation of your country of residence. Any dispute between SMARTT-BUDGETING LLC and a User during the execution of these terms will first attempt to be resolved amicably. If unresolved, disputes will be brought before the competent common law courts.
10.2: Unsolicited Content. SMARTT-BUDGETING LLC does not accept unsolicited content or ideas related to SB Content and disclaims responsibility for any similarities with its content or programming.
10.3: Customer Support. For more information about our service and its features, or if you need help using your account, please contact us at: contact@smartt-budgeting.co. Visit the SMARTT-BUDGETING LLC help center on our Site. In some cases, customer support may assist using a remote access tool to take full control of your computer. If you do not wish to grant this access, you must refuse remote access assistance, and we will assist you by other means.
10.4: Nullity – Invalidity. If one or more provisions of these Terms and Conditions are found to be invalid or illegal, the remaining provisions will continue to be valid and enforceable.
SMARTT-BUDGETING LLC, headquartered at 6001 MENAUL BLVD NE, Albuquerque, 87110, NM, USA,
Hereinafter referred to as "SB" on the one hand, and
The undersigned natural or legal person, hereinafter referred to as the "Affiliate Partner" on the other hand,
Hereinafter collectively referred to as the "Parties" or individually as a "Party."
It is previously stated as follows:
SB is an e-learning platform offering a catalog of various training accessible on the website smartt-budgeting.co (hereinafter referred to as the "Platform") through different subscription plans based on the options subscribed by members (hereinafter collectively referred to as "the subscription").
Among the subscriptions offered by SB is the subscription called "affiliate distributor" named DA, allowing its beneficiary unlimited access to all content (including Master Classes and courses) available on the Platform at the expiration of their subscription for all content published up to that date.
SB also offers DA subscribers benefits if new subscriptions are signed up by third parties through their intervention. The Affiliate Partner subscribed to a subscription to access the Platform and expressed the desire to benefit from the aforementioned advantages if subscriptions are signed up by third parties through their intervention.
The Parties have agreed to define the terms and conditions under which the Affiliate Partner benefits from certain advantages in this context.
Before signing these presents, each Party has had sufficient time to examine and analyze this contract, negotiated freely, calling upon advice if necessary.
Thus, after having received all the useful information to inform their consent, SB and the Affiliate Partner have come together to conclude this contract (hereinafter referred to as the "Contract").
It is agreed as follows:
Article 1: Purpose of the Contract
SB entrusts the Affiliate Partner, who accepts, with the opportunity to promote subscriptions to persons or companies that may be interested in them. The Affiliate Partner will thus connect SB with potential new subscribers to the Platform. They will not have the power to negotiate and/or conclude contracts between SB and said subscribers and will not act on behalf or in the name of SB.
In any event, SB retains full freedom to accept or refuse, without justification, to contract with potential subscribers presented by the Affiliate Partner.
In accordance with Article L. 110-1, 7° of the Commercial Code, the Affiliate Partner is a merchant and exercises their profession independently and freely, thus being able to carry out any activity, transactions, and other operations for their own account outside their activity under the Contract, subject to the stipulations of the Contract.
The Affiliate Partner is subject to general provisions governing commercial activity (including those related to incapacity to exercise a commercial or industrial profession).
Consequently, the Affiliate Partner declares that they have never been subject to a criminal conviction or measures restricting their commercial capacity, which SB acknowledges based on this declaration.
The Affiliate Partner cannot claim the application of Articles 1999 and/or 2000 of the Civil Code, as they bear all the costs and expenses related to the execution of their mission and declare to be fully satisfied with the financial conditions arising from the Contract.
As an independent commercial broker, the Affiliate Partner assumes personal responsibility for all taxes and parafiscal charges and all social security contributions related to their activity.
Article 2: Conditions of Contract Execution – Information
2.1: The Affiliate Partner must perform all necessary and appropriate steps and diligence to accomplish their mission as defined in the "Purpose of the Contract" article.
The Affiliate Partner must inform potential subscribers of all financial conditions related to the subscriptions.
The Affiliate Partner will determine their working methods independently and without any subordination to SB. Consequently, the Affiliate Partner assumes the risks inherent to their personal activity. The Affiliate Partner will personally handle the necessary insurance policies for their profession, especially in terms of civil liability.
The prices and conditions of the subscriptions are set by SB. Any changes to the subscription conditions and price variations will be communicated to the Affiliate Partner before their application.
Furthermore, the Affiliate Partner must ensure that neither the appearance of their professional premises nor the condition of their equipment or the quality of their service gives the public and subscribers or potential subscribers an unfavorable image of SB.
The Affiliate Partner commits to always behaving as a loyal and good-faith partner towards SB.
2.2: The Affiliate Partner commits to respecting an ethical code in their activity under these terms, including adherence to the "DA Ethics Charter," which they declare to have read before signing these terms. The charter, available in the "legal information" section of the Platform, describes the behaviors the Affiliate Partner must follow in their interactions with prospective subscribers.
2.3: SB will provide the Affiliate Partner with the necessary advertising materials and documentation for their activity in digital format, along with several dedicated training tools. The Affiliate Partner commits to taking the best care of the elements provided and preventing their disclosure to third parties.
The use or dissemination by the Affiliate Partner of other communication supports and/or tools or any document mentioning SB, its brands, logos, or services, and any modification of existing supports by the Affiliate Partner must respect SB's brand image. The Affiliate Partner commits to cease using any communication support that SB considers inconsistent with the network's image and/or ethics within 48 hours of SB's notification and to remove the offending content within 15 days of this notification. Otherwise, SB may seek to terminate the Contract under the conditions defined in the "Early Termination" article.
2.4: Generally, the Affiliate Partner must provide accurate information on the progress of their mission and justify their diligence at SB's first request.
Collaboration between the Affiliate Partner and SB requires regular information exchange by appropriate means, including the Backoffice, email, Telegram, Messenger, the dedicated Facebook group, WhatsApp, and videoconferences/telephone meetings, considering their respective availability.
The Affiliate Partner is also subject to a particular obligation of information, which is criminally sanctioned by Article L. 131-11 of the Commercial Code, stating that any broker entrusted with a brokerage operation for a matter in which they had a personal interest must inform the parties they served under penalty of a fine, without prejudice to the parties' action for damages.
Article 3: Independence of the Parties
All acts performed by the Affiliate Partner under the Contract are in complete independence and without any subordination, with each Party being responsible for complying with applicable regulations related to their activity.
The Affiliate Partner acknowledges that they are not vested with a representation mandate by SB and consequently must not present themselves as SB's representative, agent, or acting in the name and/or on behalf of SB to third parties.
The Affiliate Partner commits to informing potential subscribers that contracts will be directly concluded with SB.
The Affiliate Partner must not receive any funds in the name and/or on behalf of SB.
Article 4: Commissions Paid to the Affiliate Partner
In return for the Affiliate Partner's mission under these terms, SB commits to paying the Affiliate Partner commissions as defined by SB's presentation slide.
The right to commission will only be acquired by the Affiliate Partner if the operation entitling the commission is completed.
Commission payments will be made after deducting any taxes or withholdings. The Affiliate Partner commits to declaring to the relevant authorities the compensation received in this context and paying all related taxes and charges, without SB being held responsible.
The Affiliate Partner can transfer the available funds to their bank account using the "New Withdrawal" function available on the Backoffice, effective within 15 days from the request date, with the following transfer fees: 1% of the amount for SEPA zone accounts and 1.5% for non-SEPA zone accounts.
An additional fee of 10 USD applies if the withdrawal request is made when the available balance on the E-Wallet is below 49 USD. These additional fees do not apply if the Contract is terminated under the "Early Termination" article.
Commission payments to the Affiliate Partner are made in the DA's country currency (the local currency applicable in the DA's country if supported by SB and chosen by the Affiliate Partner). If applicable, the conversion of the amount credited to the Affiliate Partner's bank account will be in the local currency.
In case of purchase cancellation by a subscriber brought by the Affiliate Partner, the related commissions received by the Affiliate Partner must be refunded to SB. In case of Master Pass redemption under the Contract, the related commissions received by the Affiliate Partner must be refunded to SB.
Article 5: Duration of the Contract
The Contract is indivisible from the SB subscription contract subscribed by the Affiliate Partner when validating the Terms and Conditions, concluded for the duration of that contract, defined as follows: indefinite duration.
The aforementioned periods take effect from the DA subscription date.
Article 6: Intuitu Personae
Miscellaneous
10.1: Applicable Law. These Terms and Conditions are governed and interpreted according to French law. They do not limit consumer protection provisions under the legislation of your country of residence. Any dispute between SMARTT-BUDGETING LLC and a User during the execution of these terms will first attempt to be resolved amicably. If unresolved, disputes will be brought before the competent common law courts.
10.2: Unsolicited Content. SMARTT-BUDGETING LLC does not accept unsolicited content or ideas related to SB Content and disclaims responsibility for any similarities with its content or programming.
10.3: Customer Support. For more information about our service and its features, or if you need help using your account, please contact us at: contact@smartt-budgeting.co. Visit the SMARTT-BUDGETING LLC help center on our Site. In some cases, customer support may assist using a remote access tool to take full control of your computer. If you do not wish to grant this access, you must refuse remote access assistance, and we will assist you by other means.
10.4: Nullity – Invalidity. If one or more provisions of these Terms and Conditions are found to be invalid or illegal, the remaining provisions will continue to be valid and enforceable.
SMARTT-BUDGETING LLC, headquartered at 6001 MENAUL BLVD NE, Albuquerque, 87110, NM, USA,
Hereinafter referred to as "SB" on the one hand, and
The undersigned natural or legal person, hereinafter referred to as the "Affiliate Partner" on the other hand,
Hereinafter collectively referred to as the "Parties" or individually as a "Party."
It is previously stated as follows:
SB is an e-learning platform offering a catalog of various training accessible on the website smartt-budgeting.co (hereinafter referred to as the "Platform") through different subscription plans based on the options subscribed by members (hereinafter collectively referred to as "the subscription").
Among the subscriptions offered by SB is the subscription called "affiliate distributor" named DA, allowing its beneficiary unlimited access to all content (including Master Classes and courses) available on the Platform at the expiration of their subscription for all content published up to that date.
SB also offers DA subscribers benefits if new subscriptions are signed up by third parties through their intervention. The Affiliate Partner subscribed to a subscription to access the Platform and expressed the desire to benefit from the aforementioned advantages if subscriptions are signed up by third parties through their intervention.
The Parties have agreed to define the terms and conditions under which the Affiliate Partner benefits from certain advantages in this context.
Before signing these presents, each Party has had sufficient time to examine and analyze this contract, negotiated freely, calling upon advice if necessary.
Thus, after having received all the useful information to inform their consent, SB and the Affiliate Partner have come together to conclude this contract (hereinafter referred to as the "Contract").
It is agreed as follows:
Article 1: Purpose of the Contract
SB entrusts the Affiliate Partner, who accepts, with the opportunity to promote subscriptions to persons or companies that may be interested in them. The Affiliate Partner will thus connect SB with potential new subscribers to the Platform. They will not have the power to negotiate and/or conclude contracts between SB and said subscribers and will not act on behalf or in the name of SB.
In any event, SB retains full freedom to accept or refuse, without justification, to contract with potential subscribers presented by the Affiliate Partner.
In accordance with Article L. 110-1, 7° of the Commercial Code, the Affiliate Partner is a merchant and exercises their profession independently and freely, thus being able to carry out any activity, transactions, and other operations for their own account outside their activity under the Contract, subject to the stipulations of the Contract.
The Affiliate Partner is subject to general provisions governing commercial activity (including those related to incapacity to exercise a commercial or industrial profession).
Consequently, the Affiliate Partner declares that they have never been subject to a criminal conviction or measures restricting their commercial capacity, which SB acknowledges based on this declaration.
The Affiliate Partner cannot claim the application of Articles 1999 and/or 2000 of the Civil Code, as they bear all the costs and expenses related to the execution of their mission and declare to be fully satisfied with the financial conditions arising from the Contract.
As an independent commercial broker, the Affiliate Partner assumes personal responsibility for all taxes and parafiscal charges and all social security contributions related to their activity.
Article 2: Conditions of Contract Execution – Information
2.1: The Affiliate Partner must perform all necessary and appropriate steps and diligence to accomplish their mission as defined in the "Purpose of the Contract" article.
The Affiliate Partner must inform potential subscribers of all financial conditions related to the subscriptions.
The Affiliate Partner will determine their working methods independently and without any subordination to SB. Consequently, the Affiliate Partner assumes the risks inherent to their personal activity. The Affiliate Partner will personally handle the necessary insurance policies for their profession, especially in terms of civil liability.
The prices and conditions of the subscriptions are set by SB. Any changes to the subscription conditions and price variations will be communicated to the Affiliate Partner before their application.
Furthermore, the Affiliate Partner must ensure that neither the appearance of their professional premises nor the condition of their equipment or the quality of their service gives the public and subscribers or potential subscribers an unfavorable image of SB.
The Affiliate Partner commits to always behaving as a loyal and good-faith partner towards SB.
2.2: The Affiliate Partner commits to respecting an ethical code in their activity under these terms, including adherence to the "DA Ethics Charter," which they declare to have read before signing these terms. The charter, available in the "legal information" section of the Platform, describes the behaviors the Affiliate Partner must follow in their interactions with prospective subscribers.
2.3: SB will provide the Affiliate Partner with the necessary advertising materials and documentation for their activity in digital format, along with several dedicated training tools. The Affiliate Partner commits to taking the best care of the elements provided and preventing their disclosure to third parties.
The use or dissemination by the Affiliate Partner of other communication supports and/or tools or any document mentioning SB, its brands, logos, or services, and any modification of existing supports by the Affiliate Partner must respect SB's brand image. The Affiliate Partner commits to cease using any communication support that SB considers inconsistent with the network's image and/or ethics within 48 hours of SB's notification and to remove the offending content within 15 days of this notification. Otherwise, SB may seek to terminate the Contract under the conditions defined in the "Early Termination" article.
2.4: Generally, the Affiliate Partner must provide accurate information on the progress of their mission and justify their diligence at SB's first request.
Collaboration between the Affiliate Partner and SB requires regular information exchange by appropriate means, including the Backoffice, email, Telegram, Messenger, the dedicated Facebook group, WhatsApp, and videoconferences/telephone meetings, considering their respective availability.
The Affiliate Partner is also subject to a particular obligation of information, which is criminally sanctioned by Article L. 131-11 of the Commercial Code, stating that any broker entrusted with a brokerage operation for a matter in which they had a personal interest must inform the parties they served under penalty of a fine, without prejudice to the parties' action for damages.
Article 3: Independence of the Parties
All acts performed by the Affiliate Partner under the Contract are in complete independence and without any subordination, with each Party being responsible for complying with applicable regulations related to their activity.
The Affiliate Partner acknowledges that they are not vested with a representation mandate by SB and consequently must not present themselves as SB's representative, agent, or acting in the name and/or on behalf of SB to third parties.
The Affiliate Partner commits to informing potential subscribers that contracts will be directly concluded with SB.
The Affiliate Partner must not receive any funds in the name and/or on behalf of SB.
Article 4: Commissions Paid to the Affiliate Partner
In return for the Affiliate Partner's mission under these terms, SB commits to paying the Affiliate Partner commissions as defined by SB's presentation slide.
The right to commission will only be acquired by the Affiliate Partner if the operation entitling the commission is completed.
Commission payments will be made after deducting any taxes or withholdings. The Affiliate Partner commits to declaring to the relevant authorities the compensation received in this context and paying all related taxes and charges, without SB being held responsible.
The Affiliate Partner can transfer the available funds to their bank account using the "New Withdrawal" function available on the Backoffice, effective within 15 days from the request date, with the following transfer fees: 1% of the amount for SEPA zone accounts and 1.5% for non-SEPA zone accounts.
An additional fee of 10 USD applies if the withdrawal request is made when the available balance on the E-Wallet is below 49 USD. These additional fees do not apply if the Contract is terminated under the "Early Termination" article.
Commission payments to the Affiliate Partner are made in the DA's country currency (the local currency applicable in the DA's country if supported by SB and chosen by the Affiliate Partner). If applicable, the conversion of the amount credited to the Affiliate Partner's bank account will be in the local currency.
In case of purchase cancellation by a subscriber brought by the Affiliate Partner, the related commissions received by the Affiliate Partner must be refunded to SB. In case of Master Pass redemption under the Contract, the related commissions received by the Affiliate Partner must be refunded to SB.
Article 5: Duration of the Contract
The Contract is indivisible from the SB subscription contract subscribed by the Affiliate Partner when validating the Terms and Conditions, concluded for the duration of that contract, defined as follows: indefinite duration.
The aforementioned periods take effect from the DA subscription date.
Article 6: Intuitu Personae
The Contract is made considering the person of the DA, who commits to being personally involved in the execution of the mission derived from these terms.
Therefore, the DA cannot transfer, assign, or subcontract all or part of the rights and/or obligations arising from these terms to a third party without SB's prior written consent.
On the other hand, SB remains free to transfer, assign, or subcontract all or part of the rights and/or obligations arising from these terms to any third party of its choice, without the DA being able to invoke this to terminate the Contract.
Article 7: Early Termination
The Contract may be terminated early by either Party in case of non-fulfillment of any obligations.
Early termination will occur fifteen days after a formal notice is sent by email to the defaulting Party, indicating the intention to apply this express termination clause, which remains without effect.
Non-fulfillment justifying this clause includes, but is not limited to:
The Partner's failure to fulfill any obligations under Article 2.
Non-compliance with applicable regulations by the DA and/or SB's brand image.
SB's failure to pay a due commission to the DA at the concerned due date.
SB's failure to buy back a stock of SMARTT-BUDGETING LLC from the DA under the conditions of Article 2.4.
In the case of termination due to the DA's fault, if SMARTT-BUDGETING LLC considers the breach of the above rules or the Ethical Charter to be particularly serious, SMARTT-BUDGETING LLC reserves the right to unilaterally terminate the DA Contract and close the DA Partner's account without notice.
Article 8: Consequences of Contract Termination
Upon termination of the Contract, regardless of the cause, the DA Partner's mission will end automatically.
As an exception, in the case of termination for reasons other than the DA's fault, SB commits to paying the DA the commissions related to the Residual Bonus under the conditions defined in Appendix 1.
The DA Partner may continue to access all content (including Master Classes) available on the Platform at the expiration of their subscription for all content published up to that date and the Backoffice, subject to the Platform's availability, which SB may terminate at any time.
In any case, the DA Partner cannot claim any compensation at the end of the Contract.
Article 9: Intellectual and Industrial Property Rights
The DA Partner has the right to use SB's trademarks, logos, and distinctive signs solely for promoting and selling Subscriptions, in strict compliance with these terms.
This right is limited to the duration of these terms, and the DA Partner does not acquire any property or license rights on these trademarks and distinctive signs.
In no case is the DA Partner authorized to register any trademark, intellectual, or industrial property right or domain name containing the terms "SMARTT-BUDGETING LLC."
Article 10: Confidentiality
The Parties commit to keeping all information gathered during or on the occasion of the application of the Contract confidential.
They will take all useful precautions to prevent prohibited disclosure or the use of confidential information by their employees, sub-agents, or any professionals working on their behalf.
This obligation will survive the termination of the Contract without a time limit, regardless of the cause of termination (expiration, early termination), as long as the concerned information does not enter the public domain.
Article 11: Modifications
To be enforceable against the Parties, any modification to the Contract must be made in writing and signed by the Parties.
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