CAPTAIN DATA is a simplified joint stock company, registered with the Trade and Companies Register of Nantes under number 838 098 598, whose premises are located at 41 quai de Malakoff, 44000, Nantes
CAPTAIN DATA can be contacted at the following email address: sales@captaindata.co
CAPTAIN DATA is a no-code SaaS platform accessible at the following link: https://app.captaindata.co (the “Platform”) that extracts, aggregates, and integrates data from the web in real-time (the “Services”).
Function of the Terms and Conditions
The general terms and conditions of Business Provision (the "Terms and Conditions") constitute the sole document governing the CAPTAIN DATA's contractual relationship with the Referrer and define the provisions applicable for the business provision (the “Business Provision”) made by the Referrer to CAPTAIN DATA.
Acceptance of the Terms and Conditions
The Referrer accepts the Terms and Conditions by ticking a box on the registration form on the following website http://captaindata.notion.site/affiliate-program.
If the Referrer does not accept all of the General Terms and Conditions, the Referrer will not be able to make a Business Provision and will have no right to commission.
The Terms and Conditions will be accessible at the bottom of the website’s page.
Terms and Conditions may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.
The Referrer
CAPTAIN DATA and the Referrer will hereinafter individually or collectively be referred to as a "Party" (the “Party”) or the "Parties"(the “Parties”).
The Terms and Conditions include, to the exclusion of all others:
In the event of a contradiction between the Terms and Conditions and one of its Appendices, the latter shall prevail for the interpretation of the obligation in question. The Appendices have equivalent legal value.
The contractual documents express the entire agreement between Captain Data and the Referrer And cancel and replace any previous agreement, letter, offer, or other written or oral document having the same object.
The Terms and Conditions take effect on the date the Referrer has accepted the Terms and Conditions in accordance with the article “Information regarding the Terms and Conditions” the “Effective Date”) and for an initial period of 1 year (the “Initial Period”).
It shall then be tacitly renewed for successive periods of the same duration (the “Other Period”) unless notice of termination is given by either Party by email with acknowledgment of receipt at the latest 2 months before the end of each current period.
The Referrer will benefit from a 6-month Free Trial to CAPTAIN DATA starter plan on the Platform unless the Parties agree on another CAPTAIN DATA’s plan as specified in writing or a separate email (the “Free Trial Plan”) since the entry into force of the Terms and Conditions in respect with the general terms and conditions of the Platform.
CAPTAIN DATA will offer to the Referrer a 6-month Free Trial starting on the Effective Date In exchange for Business Provision as specified in the article “Free Trial Plan”.
There is a Business Provision if the following conditions are fulfilled:
CAPTAIN DATA reserves the right to accept or reject any Lead introduced by the Referrer, for any reason, without any obligation to compensate the Referrer.
If CAPTAIN DATA accepts that a Lead becomes a Business Provision, it must give notice of its approval in writing by any written means, especially by email.
The Referrer agrees to use its best efforts to promote CAPTAIN DATA to the Leads. It agrees to conduct its business in such a manner as to reflect favorably at all times on the Services, name, and reputation of CAPTAIN DATA.
For this purpose, the Referrer undertakes to generate and publish, after prior authorization of CAPTAIN DATA, original content on LinkedIn, promoting CAPTAIN DATA Services, at least once a month. The Referrer undertakes to use the hashtag "#captaindata”, along with the incorporation of the CAPTAIN DATA logo in the following publications.
The Referrer agrees not to make any representations or warranties to Leads regarding the specifications, characteristics, or capabilities of CAPTAIN DATA’s Services that are inconsistent with CAPTAIN DATA's commitments.
The Referrer may also implement, at its own expense, any advertising or promotional activities it wishes to undertake, provided that such activities do not harm CAPTAIN DATA's brand image or its Services.
The Referrer undertakes to attend all subsequent meetings between CAPTAIN DATA and the Lead.
9.1 Remuneration of Business Provisions
a. Amount
For each Business Provision, CAPTAIN DATA shall pay the Referrer:
The commission is payable whether the Contract is renewed on the basis of an initial plan or a more expensive plan.
The Referrer understands and accepts that no commission will be due by CAPTAIN DATA beyond a second renewal of the Contract by the Lead.
Upsells are not eligible for commissions.
For information purposes only, examples of commission payments are set out in Appendix 1 of the Terms and Conditions.
The Referrer expressly acknowledges that it does not have any right other than its right to these commissions (i) either with respect to Leads with which CAPTAIN DATA maintains business relationships after the expiry of the aforementioned period or (ii) with respect to the Services provided by CAPTAIN DATA.
In that respect, the Parties expressly agree that CAPTAIN DATA shall be completely free to determine the amount of prices it will charge to the Leads.
In particular, CAPTAIN DATA is completely free to grant to the Lead any discounts or reductions that it deems appropriate, without the Referrer having the right to contest any such decisions.
Also, the Referrer expressly and irrevocably waives the right to exercise any legal action against CAPTAIN DATA if CAPTAIN DATA obtains payment of their commission if CAPTAIN DATA has not received the revenue owed by the Lead under their Contract.
b. Payments of the commission
CAPTAIN DATA undertakes to pay the amount of its commission to the Referrer in accordance with the terms of the article “Amount”.
The aforesaid commission shall be paid to the Referrer only after CAPTAIN DATA collects the amounts owed by the Lead with respect to the Contract and according to the Lead's billing frequency.
Therefore, CAPTAIN DATA undertakes to communicate to the Referrer a statement of the payments it has received from Business Provisions, in order for the Referrer to issue the corresponding invoices throughout the duration of the Contract and:
Parties expressly agree that these statements will constitute the principal means of proof between them.
CAPTAIN DATA shall pay all of the invoices issued by the Referrer within 30 days of the end of the month in which they are issued.
The Parties expressly agree that no advances on commissions will be paid.
c. Late and non-payment
By express agreement between the Parties, any delay in payment of all or part of a commission due to the Referrer on its due date under the terms of Terms and Conditions will automatically entail, without prejudice to the other methods of termination provided for in the Terms and Conditions, the invoicing to the Referrer of late payment interest, due by the sole fact of the due date of the contractual term, at the rate of 3 times the legal interest rate, based on the amount of the debt not paid on the due date, and a fixed indemnity of 40 euros for collection costs.
d. Currency and exchange rates
Unless otherwise stated, the prices indicated in the Terms and Conditions are expressed in euros and exclusive of tax.
Where the calculation of the price requires the application of an exchange rate, the rate applicable is that of the date of payment of the price, and CAPTAIN DATA shall bear any applicable exchange charges.
e. Compensation
The Parties expressly agree that all obligations to pay sums of money arising between them, which are not subject to dispute as to their due date and amount, shall be set off against each other, by operation of law and without formality, whether the conditions for legal set-off are met. The operation of this set-off shall not, however, have the effect of releasing the Parties from their accounting obligations, particularly regarding the issue of invoices.
9.2 Discounts due to Business Provisions
CAPTAIN DATA will conduct an inventory of the Business Provision made by the Referrer 6 months after the Effective Date (the "Inventory Date”).
If the Referrer has provided a sufficient number of Business Provision on the Inventory Date, the Referrer will benefit from a discount on their future subscription to CAPTAIN DATA (the “Subscription”) in the following conditions:
It is agreed between the Parties that no transport expenses incurred by the Referrer, or any fee and/or expense incurred by them while performing Business Provision, shall be covered by CAPTAIN DATA unless expressly agreed by the Parties, in writing and on presentation of the corresponding invoices.
CAPTAIN DATA is solely responsible for the proper completion of all administrative, tax and/or social formalities incumbent upon it in connection with the provision of its services. Under no circumstances may the Referrer be held liable in this respect.
CAPTAIN DATA does not guarantee the Referrer any minimum volume of sales concerning the commissions it will receive under the Terms and Conditions.
CAPTAIN DATA undertakes to offer to the Referrer a 6-month Free Trial that will end on the Inventory Date. After the Inventory Date, the Referrer will need to subscribe to CAPTAIN DATA Services.
CAPTAIN DATA may choose to offer performance-based incentives to the Referrer and consider the participation of a Referrer to the ad hoc advisory committee of CAPTAIN DATA partners.
CAPTAIN DATA reserves the right to:
The Referrer declares that, as of the Effective Date, its status enables them to receive commissions from CAPTAIN DATA and guarantees CAPTAIN DATA in that respect.
The Referrer shall be solely responsible for the proper completion of all administrative, tax and/or social security formalities and for all payments of contributions, taxes, or duties of any kind which are incumbent upon the Referrer in connection with the performance of the Business Provisions. Under no circumstances shall CAPTAIN DATA be held liable in this respect.
The Referrer undertakes to provide CAPTAIN DATA with proof that it is up to date with its contributions.
Each of the Parties undertakes to comply with the laws and regulations in force and not to undermine public order.
They further undertake to provide each other with all documents, elements, data, and information necessary for the proper performance of the Terms and Conditions. More generally, they undertake to cooperate actively and in good faith with a view to the proper performance of the Terms and Conditions, and to inform each other of any difficulties arising in connection with such performance.
Each Party shall indemnify the other against all claims, complaints, actions, and/or demands arising from a breach of its obligations under this Agreement. The defaulting Party undertakes to pay the other Party all costs, charges and/or judgments it may incur as a result.
Each Party undertakes to comply, as far as it is concerned, with the applicable regulations on personal data processing, in particular, the French Data Protection Act of 6 January 1978 in its latest amended version and the General Data Protection Regulation (Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016) (together the "Applicable Regulations").
Within the framework of the Terms and Conditions, CAPTAIN DATA and the Referrer are respectively data controllers for the processing of personal data collected from Leads, each within their scope.
In this context, the Referrer shall be held liable for the processing of Leads’ personal data until their transmission to CAPTAIN DATA. Then, CAPTAIN DATA shall be held liable for the processing of Leads’ personal data transmitted by the Referrer.
As data controllers, each Party undertakes to:
The Referrer guarantees that the personal data of the Leads transmitted to CAPTAIN DATA are collected in a lawful, fair, and transparent manner in accordance with the Applicable Regulations. The Referrer also guarantees that data subjects have given their consent to the processing of their personal data by CAPTAIN DATA whether the collection of such consent is required by the Applicable Regulations.
CAPTAIN DATA shall not be held liable for the processing performed by the Referrer prior to the transmission of the Lead’s personal data to the Referrer.
Each Party undertakes to keep strictly confidential all legal, commercial, industrial, strategic, technical, or financial information and documents with respect to and sent by the other Party during the conclusion or performance of these Terms and Conditions, as well as not to disclose them without the other Party’s prior written consent.
In particular, the Referrer undertakes to keep confidential all documents and information transmitted by CAPTAIN DATA during the term of the Terms and conditions, not to use them for any purpose other than commercial prospecting, and to destroy them or return them to CAPTAIN DATA at its request.
This obligation does not include information and documents:
This confidentiality requirement extends to all of the Parties’ employees, collaborators, trainees, managers, and representatives, as well as to their counsels, affiliates, and co-contractors, to which confidential information and documents may be transmitted only if they are bound to the same obligation of confidentiality as that which is specified herein.
It will remain in force for 3 years following the end of the Parties’ relationship.
In the event of breach by either of the Parties of any of their obligations under the Terms and Conditions, the Terms and Conditions shall be fully terminated 15 days after the Party in breach has received notice from the other Party by international registered letter with acknowledgment of receipt, and having received no response, stating the latter's intention to apply this clause, and this without prejudice of any damages that could be claimed from the Party in breach.
If the Terms and Conditions are terminated, each Party shall restore to the other Party all its documents, data, and information that were provided for the execution of the Terms and Conditions and not retain any copy.
The Parties undertake to draw up and sign a statement of accounts detailing all business in progress and the corresponding invoices issued and completed thanks to the Referrer.
However, CAPTAIN DATA will be immediately released from its obligation to pay commission to the Referrer if the Terms and Conditions are terminated at the Referrer’s expense.
The termination of the Terms and Conditions also leads to the end of the benefit of the Free Trial Plan for the Referrer if it is still effective.
The Referrer must provide CAPTAIN DATA prior to the entry into force of the terms and Conditions and until the end of the Terms and Conditions and every 6 months if the Terms and Conditions continue beyond its term:
The Terms and Conditions are deemed to be concluded intuitu personae. Accordingly, neither of the Parties shall delegate or assign all or part of the Terms and Conditions in any form whatsoever, nor shall they subcontract to any third party all or part of their obligations, without prior written consent of the other Party.
It is expressly agreed that neither of the Parties may invoke any of the provisions of the Terms and Conditions in order to claim in any way, to be an agent, an officer, or an employee of the other Party, nor make any commitment in the name and on behalf of the other Party towards third parties.
In the event that any clause of the Terms and Conditions is declared void, unwritten, or unenforceable, such clause shall not affect the validity or continuity of other clauses which will remain in full force and effect.
CAPTAIN DATA may only change the Terms and Conditions at any time and will notify the Referrer in writing (including by email) at least 3 months before they come into effect.
The modified Terms and Conditions are applicable at the end of the Period during which CAPTAIN notifies the changes in the Terms and Conditions.
Apart from the conclusion of the addendum hereto as specified in the article “Autonomy of the Terms and Conditions, severability, and changes”, any reference herein to a “written means”, unless otherwise expressly stipulated, designates any written means, including email.
The dates and deadlines specified herein are fixed, with the deadlines being expressed in calendar days. When these dates and deadlines correspond to, or expire on, a Sunday or holiday in France, they are extended to the next business day.
If one of the Parties does not enforce any of its rights or does not demand the execution of any of the obligations or responsibilities of the other Party under the Terms and Conditions, this shall not, in any circumstance, be regarded as a waiver by such Party of its rights, obligations, and responsibilities under the Terms and Conditions, such waiver having an effect only on the involved event.
In the event of contradiction or dispute as to the meaning of any term or provision, the English language shall prevail.
The Terms and Conditions are governed by French law.
In the event of a dispute between the Referrer and CAPTAIN DATA and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the event of mandatory provisions to the contrary.
If the Referrer contracts with CAPTAIN DATA on May 1st, 2024, and provides a Lead A for an enterprise plan, paid monthly starting June 29th, 2024, and Lead B for a scale plan paid in one installment on September 10th, 2024, the Referrer will be paid the following commissions
Total = $12,597 (commissions) + $2,400 (year 1 Subscription offered) ~ $15,000 value (for 2 referrals)