Affiliate Program Terms

1. Purpose

These terms govern the Apogee affiliate program: affiliates recommend the Apogee service (app.apogee.ad) and earn a commission on the subscriptions of the customers they bring. They complement the overview published on the Affiliate program page. By signing up for the program, you accept them.

2. Program Operator

APOGEE, a French simplified joint-stock company (SAS) with a share capital of €1,000
RCS Nanterre 101 928 059
Registered office: 32 Rue de Paris, 92100 Boulogne-Billancourt, France
VAT: FR31101928059
President: MLG CAPITAL
Contact: hello@apogee.ad
See the legal notice.

The program runs on the FirstPromoter platform, which handles affiliate sign-ups, the tracking of clicks and referred customers, the calculation of commissions and their payout.

3. Sign-up and Eligibility

• The program is open to any individual of legal age and to any legal entity, whether or not they are an Apogee customer.
• You sign up on the program's affiliate platform (apogee.firstpromoter.com). Apogee users can also join in one click from their account.
• One affiliate account per person. The information you provide must be accurate and kept up to date, in particular the details needed for payouts.
• Affiliate accounts are approved automatically. Apogee may still refuse a sign-up or close an account that does not comply with these terms.

4. Commissions

• You earn 33% of the amounts actually paid by each referred customer, excluding VAT and other taxes, after any discounts.
• The commission is recurring: it applies to every payment of the referred customer, monthly or annual, for each seat, for as long as their subscription is paid and your affiliate account is active.
• A referred customer is a person who creates their Apogee account within 60 days of a click on your affiliate link, and whom FirstPromoter's tracking credits to you. Every payment on that account's paid subscription then earns the commission, even when the subscription starts after those 60 days.
• Tracking relies on a cookie set by FirstPromoter at the time of the click. If that cookie is refused, blocked or cleared, or if the person signs up from another device or browser, the customer may not be credited to you. If the person has clicked the links of several affiliates, the customer goes to the affiliate recorded by FirstPromoter. FirstPromoter's tracking data is authoritative.
• Commissions are calculated and shown in your FirstPromoter dashboard, in the currency stated there.

5. Excluded or Reversed Commissions

No commission is due, or the commission is reversed, in the following cases:

• self-referral: your own subscription, or that of an account you control;
• a payment that is refunded, in full or in part, or disputed (chargeback): the related commission is reversed, even if already approved, and deducted from later commissions if it has already been paid out;
• an account created fraudulently, fictitiously or in breach of these terms;
• a payment Apogee has not collected.

6. Prohibited Practices

When promoting Apogee, you may not:

• bid on the brand: buy the keywords "Apogee", "apogee.ad", their variants or misspellings on a search engine (Google Ads, Microsoft Advertising or any other), or show the brand in the text or display URL of a search ad;
• use the brand in a misleading way: a domain name, social media account, page or ad that imitates Apogee or suggests you speak on its behalf;
• publish promo codes or discounts that Apogee has not given you, in particular on coupon sites;
• send spam: unsolicited emails, text messages or direct messages, or mass messages in comments, groups or forums;
• make misleading claims about the service, its features or its prices;
• promote Apogee without clearly disclosing the commercial nature of your content, in particular with a label such as "Advertising" or "Commercial collaboration" ("Publicité" or "Collaboration commerciale" under French law) where the law requires it;
• tamper with tracking: cookie stuffing, incentivized or automated clicks, hidden redirects.

A breach voids the commissions that result from it and may lead to the closure of the affiliate account.

7. Approval and Payout of Commissions

• A commission may stay pending while Apogee checks the related payment, in particular for refunds and disputes. Only approved commissions are paid out.
• Approved commissions are paid out every month through FirstPromoter, to the payout method you set up there.
• A payout is only made once your approved commission balance reaches the minimum shown in your FirstPromoter dashboard. Below that threshold, the balance rolls over to the next month.
• You are responsible for the accuracy of your payout details. No payout can be made while they are incomplete.

8. Taxes

You are solely responsible for your tax and social obligations: declaring the commissions you receive, VAT where applicable and, if your status requires it, issuing an invoice to APOGEE SAS for each payout. Apogee may ask for the information it needs (identity, status, VAT number, invoice) before making a payout.

9. Independence

You act independently. The program creates no employment, agency, partnership or joint venture relationship between you and Apogee. You may not bind Apogee or present yourself as its representative.

10. Use of the Brand

For as long as you take part in the program, Apogee allows you to use the Apogee name and logo, without modifying them, for the sole purpose of promoting the service with your affiliate link. This permission is personal, non-exclusive and revocable. It ends when your participation in the program ends.

11. Duration and Termination

• You may leave the program at any time by writing to hello@apogee.ad.
• Apogee may close an affiliate account or end the program with 30 days' notice by email, or without notice in the event of a breach of these terms.
• Commissions approved before your participation ends remain due and are paid out under section 7, except in the event of closure for breach. Once your participation ends, no new commission is generated, including on customers you already referred.

12. Changes to the Program

Apogee may change the program and these terms, including the commission rate. Affiliates are notified by email at least 30 days before a change that is unfavorable to them takes effect. A change does not apply to commissions already earned. If you do not accept it, you may leave the program before it takes effect.

13. Personal Data

To run the program, Apogee processes its affiliates' data: identity, email, payout and tax details, statistics on clicks, referred customers and commissions. This processing serves to manage the program, pay commissions and prevent fraud, on the basis of the performance of these terms. FirstPromoter, which operates the affiliate platform, processes this data on Apogee's behalf. Your rights and the other processing activities are described in the Privacy Policy.

You do not send email marketing to people who have not given their prior consent, and you comply with the rules that apply to the data of the people you contact.

14. Liability

Apogee does not guarantee any level of income. Apogee shall not be held liable for a tracking outage or error caused by FirstPromoter, a browser or a third party; where an error is established, Apogee corrects the affected commissions in good faith. You are solely responsible for the content you publish to promote Apogee, and you hold Apogee harmless against any claim related to that content or to a breach of these terms.

15. Governing Law

These terms are governed by French law.

In the event of a dispute, the parties first seek an amicable solution, on request sent by email to hello@apogee.ad.

Where the affiliate is a merchant (commerçant), any dispute relating to these terms falls under the exclusive jurisdiction of the courts within the jurisdiction of Nanterre, France.

In all other cases, the ordinary rules of jurisdiction apply.

16. Language

These terms are written in French and translated into English. In the event of any discrepancy, the French version prevails.