TopParrain

GENERAL TERMS OF SERVICE

Last update: 17 february 2022

Article 1 - Preamble

These General Conditions of Service (hereinafter referred to as "Terms") apply without restriction or reservation to the provision of TopParrain's services via the Site www.topparrain.com and define the rights and obligations of TopParrain and the Users. The Conditions can be viewed on the Site and/or are made available to any User.

Any use of TopParrain's services and in particular any creation of an account implies unreserved acceptance of the Conditions. The current version of the Conditions is the only one opposable to Users:

The Conditions prevail over any other document issued by TopParrain or any other General Conditions of Purchase. TopParrain reserves the right to derogate from certain clauses herein or to establish Special Conditions. These Terms entered into force on February 14, 2022.

Article 2 - Definition

In these Terms, the following terms are understood as follows:

Under the terms hereof, TopParrain and the Users may be referred to individually as the “Party” and collectively as the “Parties”.

Article 3 - Presentation of Services

TopParrain is a community Referral Code platform, allowing Users to share their Referral Codes. Through it’s

Account the User can create and publish one or multiple Referral Codes. Users can also contribute to the content of the platform through the Contribution page.

Article 4 - Terms relatives to the participants

4.1 - User

To create an account and use the services provided by TopParrain, all users must meet the following Conditions:

If he meets these conditions, the User wishing to subscribe to the services of TopParrain must create an account on the Site. For the creation of his account, he will be asked:

To create his account, the User can also use his Google or Facebook account, TopParrain will only collect his email address and username from these services. The User is solely responsible for the security and confidentiality of his connection identifiers and must immediately notify Georges Vernier in the event of loss or theft of his identifiers. TopParrain cannot be held liable in the event of loss or theft of the List Holder's identifiers resulting in fraudulent use of their personal account.

If the List Holder wishes to modify their identifiers, they can go to the settings page of their account and make the changes. If he suspects fraudulent use of these, he must immediately contact TopParrain customer service by sending an email to the following address: contact@topparrain.com.

The user guarantees that all the information provided on his personal space is accurate, up-to-date and sincere. He also guarantees to be an individual, of legal age. The user is solely responsible for the accuracy of the information provided on his personal space. As such, he undertakes to update the information if necessary. TopParrain cannot be held liable in the event of truncated, inaccurate or missing data having had a direct or indirect impact on the performance of the service by the Parties.

4.2 - Visitor

Visitors can access information provided by the community through the Site. Visitors cannot hold TopParrain responsible for the inaccurate information provided by Users. We hereby inform our Visitors that content displayed on TopParrain can be inaccurate due to the fact that most content is created and moderated by the Community.

Visitors understand that Referral Codes provided by Users could not work, or be partially working.

Visitors understand that Referral Programs and Referral Codes are managed by the Companies, TopParrain has no association to Companies displayed on the Site. TopParrain has therefore no information about actual Referral Code usages and performances.

Visitors can search for content related to Companies Referral Programs and access to the Company Codes Listing for free without having an account.

Article 5 - The Referral Code

5.1 - Creation of a Referral Code

Through it’s Account the User can create and publish one or multiple Referral Codes. Each Referral Code will be displayed in three locations :

Once the User has created its Code, we will automatically create a Title and a Description with information we have about the Referral Program linked to this code. This Title and Description can be edited in the Account. The user can either choose to edit a specific Title and Description Translation or can click the dedicated checkbox to automatically translate the newly updated Title and Description. One translation per month is allowed for each referral code with a maximum of 10 translations per month per account. Translations are performed in more than 30 languages and all pages have a localization URL enabling visitors to access the content translated in these 30+ languages.

User can perform multiple actions on it’s Referral Code:

5.2 - Limitation of responsibilities

TopParrain acts as a host of the Codes and not as a content publisher. The Content published on the Site by the User is at the sole expense and responsibility of the User, who undertakes to release TopParrain from liability for any dispute relating to the Content published by the User. The user therefore undertakes to publish content that meets the following criteria:

Any breach of one or more of these provisions by a User may result in the immediate closure of his Account by TopParrain. Any similar measure may also be taken by TopParrain in the event of infringement of the rights of others by the User, whether or not TopParrain has been seized by a third party with a claim. In the event of a complaint made by a third party relating to the Content published by the user, the User undertakes to release TopParrain from liability.

5.3 - Deletion of a Referral Code

In their Account, users can hide specific Referral Codes. When a code is in state ‘hidden’, it is no longer visible on the Site for Visitors. We do not proceed to the deletion of Referral Codes in order to keep track of the content published and related Boost associated with it. In the case a user wishes to completely destroy a Referral Code, a message can be sent to contact@topparrain.com with the ID of the code he wishes to destroy.

5.4 - Boost of a Referral Code

5.4.1 - Definition of the Boost Service

The boost program allows any User to promote one or multiple of their Referral Code against the payment of a fee that will set the code on a boosted mode for a certain number of days. This fee can vary depending on the company, the currency in which the user is making his payment and the duration of the Boost. This fee can change at any time based on many factors (including the number of visitors accessing the company page, the number of Boosted Codes currently active and any other factors that TopParrain may define to optimise the Boost price).

5.4.2 - Configuration of the Boost

To configure a Boost, Users need to go on the specific Boost page and define how many days each of its Referral Code should be boosted. TopParrain provides an estimation of the number of Visitors accessing the Company Codes Listing on a daily basis. Once the configuration is finished User can proceed to the payment of the fee. A confirmation page will summarise the Boost configuration and the total price for this specific configuration.

5.4.3 - Payment of the Boost

User can pay for Boost with two methods:

Once we receive the payment confirmation from our payment provider we automatically set the Referral Code in Boost mode the paid number of days.

When a user Boost his code, the code will be automatically displayed on the top of the company show page that displays all codes available for this company. In the situation where multiple codes are boosted for the same company, all boosted codes will be displayed randomly at the top of the referral codes list and the unboosted codes will be displayed after.

5.4.4 - Refund of Boost

No refund is allowed on the Boost Program. If a user has made a mistake with the code he has boosted he can contact us at contact@topparrain.com and we will modify the code on which the Boost is applied.

5.4.5 - Restrictions

There is no limit to the number of times a user can promote a code and there are no limits to the number of codes a user can promote at the same time. The only restriction is that one user can only promote one code per company.

Once a Boost period is over, the User can configure a new Boost and proceed to the payment of the Boost the same way as mentioned in article 5.4.3

Article 6 - Prime membership

Prime members have all their codes selected to be placed in the Prime position. The Prime position is placed between the Boost codes and all the normal codes. If no codes are on Boost for a company, the Prime code will be the first code of the Company Codes Listing.

The Prime position is available for one code at a time. Every time a user loads a company we are selecting randomly a code from all our Prime members that have a code for this company. Therefore, if multiple Prime members have a code for the same company we will randomly select one of the codes and place it in the Prime position everytime the page is loaded by a Visitor. All the other Prime codes will behave like normal codes (ordered by the last time the ranking was updated). This enables each Prime member to get equitable Prime positioning.

6.1 - Payment of the Prime membership

The Prime membership costs 30€ per month. It is paid through our payment partner Stripe which manages the subscription and the payments associated. Prime membership is automatically renewed every month until the User cancels it’s subscription.

Every 30 days, Stripe will bill the User 30€ to automatically renew the Prime membership. In the event the payment fails, the membership will be inactive until the User successfully proceeds to the payment of the subscription. Stripe will send emails to the User letting him know that there is a payment that is due.

6.2 - Cancelation of the Prime membership

The Prime membership can be cancelled at any moment by going into your profile and by clicking on "manage billing". The cancellation will take effect at the end of your current subscription period. For example, if you have 10 days left for this membership period and you decide to cancel, you will still have the Prime features until the end of your 10 last days, and the membership will not be renewed after that.

Prime membership can be renewed anytime through the Stripe Billing Portal

Article 7 – Personal data

The obligations of TopParrain relating to the protection of Users' personal data are described in the "Personal Data Protection" tab on the Site.

Article 8 – Responsibilities

The User is the sole responsible for the content published on the Site. TopParrain could not be held responsible for information provided by Users that are false, misleading or fraudulent.

Article 9 – Disputes on published content

Companies that do not want to be displayed on the Site could contact TopParrain at any time to ask for the deletion of the content via email at contact@topparrain.com Georges Vernier will proceed to the deletion of the content as soon as possible. Additional measures will be added to restrict the community to publish content related to blacklisted companies.

Article 10 – Force majeure

The Parties cannot be held responsible for their delay or failure in the performance of their contractual obligations if this delay or this failure is due to the occurrence of an event beyond their control or a case of force majeure, which could not reasonably have been foreseen when the order was placed and the effects of which cannot be avoided by appropriate measures.

In the event of the occurrence of such a case of force majeure, the execution of these Conditions will be suspended until the disappearance, extinction or cessation of the case of force majeure. However, if the case of force majeure persists beyond a period of thirty (30) days, the Parties must come together to discuss a possible modification of the order.

The deadlines provided for in these Conditions will be automatically postponed according to the duration of the case of force majeure.

Article 11 – Applicable law and settlement of disputes

These General Conditions and the operations arising therefrom are governed by French law.

The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of these presents. As such, the party wishing to bring into play the amicable conciliation procedure must notify the other party, by registered letter with request for acknowledgment of receipt, of its intention to bring into play the said procedure, specifying the difficulties of application. encountered or the shortcomings noted.

This amicable settlement procedure is a mandatory prerequisite for the introduction of legal action between the Parties. Any legal action brought in violation of this clause will be declared inadmissible.

If the Parties fail to reach an amicable agreement within thirty (30) calendar days following the first notification, each of them will recover their full freedom of action.

Failing to reach an amicable resolution despite the diligence undertaken, any dispute relating to the execution, interpretation, validity and resolution of the Conditions will be submitted to the competent courts under the conditions of common law.

Article 12 – Miscellaneous clauses

Severability: If one or more stipulations of these Conditions are held to be invalid or declared void pursuant to a law or regulation or following a court decision having authorized res judicata, this does not in question the other clauses of the Conditions.

Non-waiver: The fact that a Party has not availed itself of a breach by the other party of one of the obligations referred to in these Conditions will not be interpreted for the future as a waiver of the obligation. in question.

Partial Nullity: In case of contradiction between a stipulation of the Conditions and any legislative text, law, ordinance, regulation, court order or collective agreement, present or future, the latter will prevail, provided that the stipulation of the present thus affected is limited only to the extent necessary and that no other stipulations are affected.

Language of the Conditions: These General Conditions and the operations arising therefrom are governed by French law.