Termeni și condiții

Last Updated: 28 August 2025

This Affiliate Program Agreement (“Agreement”) sets forth the terms and conditions governing participation in the Atelier Boanta Affiliate Program (“Program”). By enrolling in the Program, the individual or entity applying (“Affiliate”) agrees to be legally bound by the following provisions.

1. Nature of the Program

1.1 The Program is a voluntary arrangement designed to permit Affiliates to promote Atelier Boanta products and to earn discretionary benefits on qualifying sales.

1.2 Participation is strictly voluntary. Affiliates are deemed volunteer partners and shall not, by virtue of participation in the Program, be considered employees, contractors, agents, representatives, or customers of Atelier Boanta.

1.3 The Program constitutes a benefits scheme and does not create any employment, agency, fiduciary, partnership, or consumer relationship between Atelier Boanta and the Affiliate.

1.4 Affiliates expressly acknowledge that participation does not entitle them to a salary, guaranteed income, or any form of regular financial remuneration.

2. Definitions

Affiliate: A volunteer partner accepted into the Program by Atelier Boanta.
Referral Link: A unique affiliate tracking link issued through the GoAffPro platform.
Provisional Credit: The temporary commission amount reflected in the Affiliate’s account following a referred purchase; such credit shall not be deemed final or payable until validated.
Valid Commission: Commission confirmed by Atelier Boanta after: (i) the order has been paid in full; (ii) the order has been shipped; and (iii) the statutory 14-day customer return period has expired without cancellation, refusal, chargeback, or refund.
Commission Rate: The percentage of the net product price (after all discounts and promotions, excluding VAT and shipping costs) assigned as commission.

3. Enrollment

3.1 Affiliates must submit an application via the GoAffPro platform. Acceptance into the Program shall be at the sole discretion of Atelier Boanta.

3.2 Atelier Boanta reserves the right to reject any application, including but not limited to applications associated with illegal, fraudulent, misleading, discriminatory, or otherwise unsuitable activities.

4. Commissions

4.1 Provisional Credits shall be recorded in the Affiliate’s account when a referred order is placed. Such credits are non-binding, provisional, and subject to subsequent validation.

4.2 A commission shall be deemed valid only once the requirements of Section 2 (Valid Commission) are satisfied.

4.3 Atelier Boanta reserves the right to withhold, adjust, or revoke commissions in the event of:

order cancellations, returns, or refunds;
chargebacks or other payment disputes;
self-referrals, improper or unauthorized use of referral links;
fraudulent, abusive, or deceptive activity.

4.4 Affiliates acknowledge and agree that commissions under this Program are voluntary benefits provided at Atelier Boanta’s discretion and are not guaranteed financial payouts.

4.5 Credits do not represent a debt owed by Atelier Boanta and may be voided in accordance with Section 13 (Bankruptcy).

5. Validation and Payouts

5.1 All Affiliate accounts shall be subject to a monthly manual review by Atelier Boanta.

5.2 Following review, Atelier Boanta shall process approved payouts within fifteen (15) days.

5.3 The above timeframe shall not include periods of officially announced company holidays published on the Atelier Boanta website, nor delays arising from limited manpower. During such periods, the timeframe for payout processing shall be extended accordingly.

5.4 The minimum payout threshold is CHF 50 (fifty Swiss francs) in Valid Commissions.

5.5 Payout methods shall be:

monetary payment via SEPA bank transfer (restricted to Switzerland and EU/EFTA accounts), or
Atelier Boanta store gift card redeemable exclusively on atelier-boanta.ch.

5.6 Affiliates may indicate their preferred payout method; however, such preference shall be non-binding and indicative only. The final form of payout shall remain at the sole discretion of Atelier Boanta, taking into account the financial status of the company.

5.7 The Affiliate acknowledges that the net payout amount received may differ from the amount processed due to bank charges, currency conversions, or payment provider fees.

5.8 All such fees and charges are the sole responsibility of the Affiliate. Atelier Boanta shall bear no liability for deductions made by third-party financial institutions or payment providers.

5.9 Pending or revoked commissions shall not count toward the payout threshold.

5.10 Commissions paid in error, or subsequently invalidated due to cancellations, returns, or chargebacks, may be offset against future payments owed to the Affiliate.

6. Affiliate Obligations

The Affiliate agrees to:

promote Atelier Boanta products lawfully, ethically, and truthfully;
use only marketing materials, trademarks, and content authorized by Atelier Boanta;
disclose affiliate status in accordance with applicable laws and advertising regulations.

The Affiliate shall not:

purchase paid advertising on Atelier Boanta brand terms without prior written consent;
misrepresent Atelier Boanta, its products, or its business practices;
offer unauthorized rebates, incentives, or cashbacks for using referral links;
engage in spam, fraudulent activity, or the use of automated bots.

7. Code of Conduct and Harassment

7.1 Affiliates shall at all times conduct themselves in a professional, respectful, and lawful manner in their interactions with Atelier Boanta, its representatives, customers, and other affiliates.

7.2 Any form of harassment, abuse, defamatory statements, threats, discrimination, or other inappropriate behaviour (whether verbal, written, or digital) directed toward Atelier Boanta, its staff, customers, or affiliates shall constitute a material breach of this Agreement.

7.3 Atelier Boanta reserves the right, at its sole discretion, to immediately suspend or permanently terminate the account of any Affiliate found to have engaged in such conduct, and to void any accrued or unpaid credits in connection therewith.

7.4 Affiliates expressly acknowledge and agree that in the event of defamatory, fraudulent, or damaging conduct, Atelier Boanta shall be entitled to claim:

(i) a minimum contractual penalty of CHF 2,000 (two thousand Swiss francs) per breach, payable by the Affiliate to Atelier Boanta; and
(ii) additional compensation for any damages exceeding the penalty amount, including but not limited to reputational harm, loss of sales, administrative costs, and reasonable legal expenses.

8. Program Use and Confidentiality

8.1 The Affiliate shall use the Program, including its platform, referral system, commission structures, materials, and related information, solely for the purpose of participating in the Program as an affiliate of Atelier Boanta.

8.2 The Affiliate is strictly prohibited from:

copying, replicating, or creating derivative versions of the Program;
using information obtained through the Program to establish, operate, or advise on another affiliate program;
disclosing Program details, internal processes, or confidential information to any third party without the express written consent of Atelier Boanta.

8.3 Any breach of this clause shall constitute a material breach of this Agreement and shall entitle Atelier Boanta to terminate participation, void accrued credits, and seek damages in accordance with Section 7.4.

9. Intellectual Property

9.1 Affiliates are granted a limited, revocable, non-exclusive license to use Atelier Boanta’s logos, trademarks, and marketing materials solely for participation in the Program.

9.2 All intellectual property rights remain vested exclusively in Atelier Boanta.

9.3 Upon termination of participation, the Affiliate shall immediately cease all use of Atelier Boanta’s intellectual property.

9.4 Affiliates may use any publicly available images and marketing materials published by Atelier Boanta for promotional purposes.

9.5 Any custom-made, modified, or derivative promotional content must receive prior written approval from Atelier Boanta before being published or distributed by the Affiliate. Affiliates may seek such approval by contacting Atelier Boanta through any communication channel publicly listed by Atelier Boanta (such as email or website forms). Requests must include sufficient identification data to allow Atelier Boanta to verify that the individual making the request is an approved Affiliate. Any individual who is not an approved Affiliate but receives approval in error shall have no right to claim any benefits or rewards under this Program and shall be deemed in breach of Atelier Boanta’s intellectual property and copyright rights.

10. Non-Solicitation

10.1 The Affiliate shall not, directly or indirectly, use any information obtained through the Program to solicit or attempt to solicit Atelier Boanta’s customers for competing products or services.

10.2 The Affiliate is further prohibited from contacting, soliciting, or attempting to establish a business relationship with any customers, suppliers, partners, contractors, or other entities connected with Atelier Boanta, where such connection became known to the Affiliate as a result of their participation in the Program.

10.3 Any attempt by the Affiliate to interfere with Atelier Boanta’s relationships with its customers, suppliers, or partners, or to divert business opportunities from Atelier Boanta, shall constitute a material breach of this Agreement and entitle Atelier Boanta to terminate participation immediately and pursue remedies under Section 7.4 (Penalties and Damages).

11. Non-Assignment

11.1 The Affiliate may not assign, sell, transfer, delegate, or otherwise dispose of any of their rights or obligations under this Agreement, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of Atelier Boanta.

11.2 Any attempted assignment, transfer, or delegation made without such consent shall be null and void and shall not be binding on Atelier Boanta.

11.3 Atelier Boanta reserves the right to immediately terminate this Agreement and void any accrued credits if it determines that the Affiliate has attempted to assign, sell, or transfer their participation in the Program in breach of this clause.

12. Termination

12.1 Atelier Boanta reserves the right to suspend or terminate any Affiliate account at any time, with immediate effect, in the event of suspected fraud, abuse, breach of this Agreement, or conduct deemed harmful to Atelier Boanta.

12.2 Upon termination:

all unpaid and unvalidated credits shall be forfeited;
the Affiliate shall cease all use of Atelier Boanta’s intellectual property.

13. Bankruptcy

13.1 In the event of insolvency, bankruptcy, liquidation, or dissolution of Atelier Boanta, the Program shall be deemed immediately terminated.

13.2 Any accrued, provisional, or validated credits reflected in Affiliate accounts at the time of such event shall be deemed void and unenforceable. Affiliates expressly acknowledge that they shall not be considered creditors of Atelier Boanta under any circumstances.

14. Liability and Indemnity

14.1 The Affiliate participates at their own risk. Atelier Boanta makes no representation, warranty, or guarantee regarding earnings, sales, or the performance of the Program.

14.2 Atelier Boanta shall not be liable for indirect, incidental, consequential, or exemplary damages, including but not limited to loss of income, goodwill, or data.

14.3 The Affiliate shall indemnify and hold harmless Atelier Boanta from and against all claims, losses, liabilities, damages, or expenses arising out of:

the Affiliate’s participation in the Program;
any breach of this Agreement;
any violation of applicable law.

15. Data Protection

15.1 Affiliates shall comply with all applicable data protection and privacy laws. Affiliates are prohibited from collecting, using, or disclosing customer data obtained in connection with the Program, except as strictly required for lawful Program participation.

15.2 By joining the Program, the Affiliate consents to the collection, storage, and processing of personal data provided during sign-up for the purposes of Program administration, commission tracking, and payout processing, in accordance with the Atelier Boanta Privacy Policy.

16. Incentive Credits

16.1 Atelier Boanta may, from time to time, offer promotional incentives to new or existing Affiliates, such as sign-up credits or referral bonuses.

16.2 Any such incentives are purely discretionary and may be modified in value, form, or availability, or discontinued entirely, at any time without prior notice.

16.3 Incentives shall not constitute a contractual entitlement or guaranteed benefit under this Agreement.

16.4 At its sole discretion, Atelier Boanta may reward high-performing Affiliates with additional rewards on top of their credit rewards. Such additional rewards may take any form, including but not limited to bonus credits, gift items, or special recognition, and shall be awarded solely at the discretion of Atelier Boanta based exclusively on Affiliate performance. Affiliates acknowledge that these rewards are voluntary gestures and do not constitute a contractual entitlement.

17. Force Majeure

17.1 Atelier Boanta shall not be liable or deemed to be in default for any delay or failure in performance of its obligations under this Agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control (“Force Majeure Events”).

17.2 Force Majeure Events include, but are not limited to, natural disasters (floods, fires, earthquakes, storms), acts of God, war, terrorism, armed conflict, civil unrest, governmental actions or restrictions, labor disputes, strikes, pandemics, epidemics, public health emergencies, power or communication failures, cyberattacks, technical malfunctions, supply chain disruptions, and any other similar event which could not reasonably have been foreseen or prevented.

17.3 In the event of a Force Majeure Event, Atelier Boanta’s obligations under this Agreement shall be suspended for the duration of the event, and the period of performance shall be extended accordingly without liability to the Affiliate.

17.4 If the duration of a Force Majeure Event exceeds thirty (30) days, Atelier Boanta reserves the right to terminate the Agreement without further liability to the Affiliate.

18. No Waiver

18.1 Failure or delay by Atelier Boanta in exercising any right, remedy, or power under this Agreement shall not operate as a waiver of such right, remedy, or power.

18.2 Any waiver must be expressly made in writing and signed by Atelier Boanta to be valid.

18.3 A single or partial exercise of any right or remedy shall not preclude any other or further exercise of such right or any other right or remedy under this Agreement.

19. Independent Affiliate

19.1 Affiliates act strictly in their own name and at their own cost and risk. Participation in the Program does not create any employment, agency, joint venture, fiduciary, or partnership relationship between Atelier Boanta and the Affiliate.

19.2 Nothing in this Agreement shall be construed to grant the Affiliate authority to make representations, enter into contracts, assume obligations, or otherwise bind Atelier Boanta in any manner whatsoever.

19.3 The Affiliate shall be fully responsible for their own activities, expenses, business conduct, and compliance with applicable laws and regulations in connection with their participation in the Program.

20. Taxes

20.1 The Affiliate shall be solely responsible for determining, declaring, and paying any and all taxes, contributions, levies, social charges, or similar financial obligations imposed by applicable law on benefits received under this Program.

20.2 Atelier Boanta shall have no responsibility or liability for the Affiliate’s tax obligations and shall not be required to withhold or remit any taxes on behalf of the Affiliate unless required to do so by law.

20.3 The Affiliate agrees to indemnify and hold Atelier Boanta harmless against any claims, penalties, or liabilities arising from the Affiliate’s failure to comply with their tax obligations.

21. Severability

21.1 If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court or competent authority, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the parties.

21.2 If such modification is not possible, the invalid, illegal, or unenforceable provision shall be severed from the Agreement, and the remaining provisions shall continue in full force and effect.

22. Survival

22.1 Any provisions of this Agreement which by their nature are intended to survive termination shall remain in effect, including but not limited to those relating to:

confidentiality,
intellectual property,
indemnity and liability,
penalties and damages,
bankruptcy,
non-solicitation,
governing law and jurisdiction.

22.2 Termination of this Agreement shall not relieve the Affiliate from any liability or obligation that accrued prior to termination.

23. Governing Law and Jurisdiction

23.1 This Agreement shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of laws rules.

23.2 The parties irrevocably agree that the courts of Winterthur, Switzerland shall have exclusive jurisdiction to settle any dispute, controversy, or claim arising out of or in connection with this Agreement, including its validity, interpretation, performance, breach, or termination.

23.3 Nothing in this clause shall prevent Atelier Boanta from seeking interim, injunctive, or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or other legitimate business interests.

24. Entire Agreement

This Agreement constitutes the entire agreement between Atelier Boanta and the Affiliate concerning participation in the Program and supersedes all prior or contemporaneous communications, representations, or agreements, whether written or oral, relating to the Program. No other promises or assurances shall be binding unless expressly agreed in writing and signed by Atelier Boanta.

25. Amendments

Atelier Boanta reserves the right to amend or update this Agreement at any time, at its sole discretion. Any such amendments shall become effective upon posting on the Atelier Boanta website or communication to Affiliates via the Program platform. Continued participation in the Program after such amendments shall constitute acceptance of the revised Agreement.

26. Language

This Agreement is drafted in English. In the event of any discrepancy between translated versions and the English version, the English version shall prevail.

27. Notices

Any notices or communications required under this Agreement shall be deemed validly given if made in writing and delivered by email to the address associated with the Affiliate’s Program account, or published on the Atelier Boanta website. The Affiliate is responsible for ensuring that their contact details remain accurate and up to date.

28. Audit and Verification

Atelier Boanta reserves the right to review, audit, or otherwise verify Affiliate activities related to the Program at any time, including but not limited to referral sources, promotional practices, and compliance with this Agreement. Affiliates shall cooperate fully with any such review. Failure to do so may result in suspension, termination, and forfeiture of credits.

29. Headings

The headings in this Agreement are for convenience only and shall not affect its interpretation.

30. Third-Party Rights

This Agreement is made solely for the benefit of Atelier Boanta and the Affiliate. No third party shall acquire any rights to enforce any of its terms.

31. Electronic Acceptance

By checking the acceptance box during sign-up or otherwise electronically indicating agreement, the Affiliate acknowledges and agrees that such action constitutes a legally valid signature and acceptance of this Agreement, equivalent to a handwritten signature.

32. Acknowledgement and Acceptance

By checking the acceptance box during sign-up, the Affiliate expressly and voluntarily acknowledges, confirms, and agrees that:

They have read this Agreement in full, understood its terms, and had the opportunity to seek independent advice before accepting.
They voluntarily enter into this Agreement without coercion, obligation, or expectation of employment, salary, or guaranteed income.
They understand that participation in the Program is entirely voluntary and is offered solely as a benefits program managed at the discretion of Atelier Boanta.
They agree to be legally bound by the terms and conditions set forth herein, including all limitations, disclaimers, and discretionary rights reserved by Atelier Boanta.
They expressly waive any claim to employment status, consumer rights, or creditor status in connection with this Program, including but not limited to the provisions of Section 13 (Bankruptcy).