Lab401 Affiliate Program TOS

This document outlines the rights and responsibilities of each party in the Lab401 Affiliate Program.

In brief:

• The Lab401 Affiliate Program is designed to compensate creators and experts for content that they create in collaboration with Lab401
• Creators & Experts will be paid a commission on confirmed sales resulting from their content.
• Referral codes must be attached to content approved by Lab401. Referral codes are not to be used outside of this context, or used in conjunction with illegal / blackhat / non approved content.
• The Affiliate Program is designed to reward creators for their active collaboration; referral codes of creators inactive for over 6 months may be suspended. 
• Lab401 will pay creators & experts at the end of every month, via bank transfer.

Terms and Conditions

By signing up to be an affiliate in the Lab401 Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between ETOILE401 SAS, a company registered at 142 Avenue Paul Santy, Lyon 69008 France, SIRET 89081771100017 (“Lab401”, “we”, “us”) and You (the “Affiliate”, “you”).

We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at:https://www.lab401.com/affiliate-terms-conditions

Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.

Affiliate Program Scope

The Lab401 Affiliate Program is intended to provide pentesting experts and creators that collaborate with Lab401 a means to earn commission on sales resulting from content that they have created. 

Account Registration & Terms

You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“account”)

You must be 18 years of age or older to join this Program.

Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.

You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

Referral Links & Promotion

Once you have signed up for the Program you will be provided with links and / or codes that must be used to identify you when placing a link or promotion from your site, video contents, video description or tutorials. It is your responsibility to ensure each such link is correctly formatted.

Promotional links and codes may not be used outside the scope of your content unless we have given our advanced written consent. This includes, but is not limited to : email promotion, distribution of codes in online forums (reddit, discord, etc). We may terminate the Agreement if there is substantiated proof of such activity.

You may not in any manner misrepresent or embellish the relationship between us and you, say you are part of Lab401 or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.

Referral Fees

For the sale of a subscription to be eligible to earn a referral fee, the customer must click-through a link from your content, or use a code on your content, and make a complete purchase on Lab401.

We will only pay referral fees on links that are automatically tracked and reported by our systems. We cannot pay referral fees if someone says they signed up through you but it was not tracked by our system.

Commissions on transactions that are refunded, cancelled, voided or flagged as fraudulent will be automatically removed from commission calculations.

There are three types of referrals offered by Lab401:

• 0% / 10% : 0% commission paid to the Affiliate, 10% discount given to customers.
• 5% / 5% : 5% commission paid to the Affiliate, 5% discount given to customers.
• 10% / 0% : 10% commission paid to the Affiliate, 0% discount given to customers.

Affiliates can select their preferred commission basis when they register for the Affiliate Program.

Payment

Accrued referral fees are paid via bank transfer once per month and only when your accrued referral fees total €10 or more. You must have a valid bank account to receive referral fees, as we do not offer payment via cheque/check, credit card, cash or other method.

Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.

A summary of commissions and statement of referral fees is available to the Affiliate by logging into their Affiliate account.

We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.

We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission - this is only a notification, and every payment will be verified based on real transactions.

Pricing & Availability

We will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Services prices and availability may vary from time to time. Because price changes may affect services that you have listed on your site, you should not display services prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.

Product Eligibility

Certain products sold on Lab401 have margins that do not allow for discounts to be applied. Products in this category are exempt from commissions. Products may be added and removed from this list at the discretion of Lab401.

To date the following products are not eligible for affiliate commissions:

• Flipper Zero products (Flipper Zero, Flipper Zero Standard Pack, Flipper Zero Complete Pack, Flipper Zero Wifi Cards, Flipper Zero Dev Boards, Flipper Zero Silicone Case, Flipper Zero SD Cards)

Copyrighted and Trademarked material

You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. Lab401 will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.

Illegal Material, Black Hat Material

Content produced by Affiliates must be legal, and “White Hat”. Content, and sales resulting from content of a “Black Hat” nature are not permitted. Examples of such subjects are below:

  - EMV (Credit Cards)

 -  Illegal Radio Spectrum : Demonstrations that use licensed / restricted radio frequencies.

 - RF Jamming : As per above, demonstrations of techniques that are illegal, such as RF Jamming.  

 - Illegal Usage / Hacking : Unauthorised use on third-party systems, demonstrations on public material / material not owned by you, or explicitly whitelisted by a scope of engagement document.

Full content guidelines are available in the “Lab401 Expert Video Program” document.

Non-Disclosure

Participation in the Lab401 Affiliate Program is a privileged, non-public relationship.

Disclosure of private elements, including screenshots of internal systems, earnings, referrals in public forums is not acceptable. We may terminate the Agreement if there is substantiated proof of such activity.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. Lab401 reserves the right to end the Program at any time. Upon Program termination, Lab401 will pay any legitimate outstanding earnings.

Termination

Lab401, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Lab401 service, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Lab401 reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links or codes relating Lab401.

Inactive Accounts

The Lab401 Affiliate Program aims to reward experts and creators for creation of content and collaboration with Lab401. Lab401 reserves the right to suspend accounts of Affiliates that do not produce content for a period of 6 months.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.

Limitations of Liability

The Company and any of the Company's officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.

Nothing in this legal notice shall exclude or limit the Company's liability for:

(a) death or personal injury caused by negligence; or

(b) fraud; or

(c) misrepresentation as to a fundamental matter; or

(d) any liability which cannot be excluded or limited under applicable law.

If your use of material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the twelve (12) month period immediately prior to the period giving rise to such Claim.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in France. Arbitration under this agreement shall be conducted under the rules then prevailing of the France Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Notice

All notices given by you to us must be given to ETOILE401 SAS. at support@lab401.com or team@lab401.com. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of public or private telecommunications networks;

(e) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with French law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the French Courts.