1. Purpose
These terms (hereinafter the "Terms") define the conditions of participation in the referral programme of BackToMe, published by the company BTM BACKTOME (hereinafter "BackToMe" or "we").
The programme allows any person (hereinafter the "Partner" or "you") to recommend the BackToMe service by means of a personal tracking link, and to earn a commission on the subscriptions that result from it.
The programme is operated through the Tolt platform, which handles referral tracking, commission calculation and the execution of payments. Signing up for the programme constitutes full and unreserved acceptance of these Terms.
2. Participation
Participation is open to any natural person of legal age or any legal entity. It is free, with no minimum term and no exclusivity: you remain free to recommend other solutions.
Participation does not require being a BackToMe customer. It creates no relationship of subordination, mandate, agency, franchise or partnership between the Partner and BackToMe. The Partner acts in their own name and at their own risk.
3. Attribution of a referral
Each Partner has a unique tracking link. A referral is deemed valid when a visitor reaches the BackToMe website through that link and then takes out a paid subscription from the same browser, within the attribution period configured in the platform.
Attribution follows the last link clicked: where a visitor has successively clicked the links of several Partners, the commission goes to the last of them.
Tracking relies on an identifier stored in the visitor's browser. BackToMe does not guarantee attribution where the visitor refuses that storage, switches browser or device, or subscribes after the attribution period has expired.
4. Commission
The commission is 40% of the amount excluding tax of each invoice actually paid by the referred customer.
It is recurring: it is due on every instalment, for as long as the referred customer remains subscribed, with no time limit.
It follows the amount actually invoiced. It therefore also applies to subsequent increases in the referred customer's subscription: added sites, a move to a higher plan, or any other change that raises the invoice. No new referral is required.
The calculation base is the amount excluding tax and net of discounts. Value added tax, collected on behalf of the tax authorities, is not part of the commission base. Discounts and promotional codes applied to the invoice are deducted before calculation.
5. Cases giving rise to no commission
No commission is due in the following cases:
- Self-referral: a subscription taken out by the Partner themselves, by a person acting on their behalf, or by an entity they control.
- Existing relationship: a person who already holds a BackToMe account, or who was already in commercial discussions with us before the click.
- Unpaid invoice: non-payment, failed direct debit, or a subscription cancelled before any payment.
In the event of a refund, cancellation or non-payment occurring after a commission has been paid, that commission is cancelled and deducted from subsequent commissions.
6. Payment
Commissions are paid on NET-30 terms: a commission you have earned is payable within 30 days of the end of the month to which it relates, subject to a minimum payment threshold of 10 €. Below that threshold, the balance remains yours and is carried over to the next payment.
Payments are denominated in euros and executed through the payment methods offered in your partner space. It is your responsibility to enter accurate and up-to-date payment details there; a payment that fails because of incorrect details is postponed to the next payment date.
The amounts stated are exclusive of tax. The Partner is solely responsible for declaring and paying the taxes, duties and social contributions relating to the sums received, and for complying with the invoicing obligations applicable to their status.
7. Term, termination and amendment
The Partner may leave the programme at any time. Commissions earned before their departure remain owed to them.
BackToMe may suspend or exclude a Partner, and withhold the corresponding commissions, in the event of a breach of these Terms, in particular of the prohibited practices in article 8, or in the event of attribution fraud.
BackToMe may amend these Terms, or terminate the programme, on thirty days' notice given by email. Commissions earned before the end of the notice period remain owed. Continued participation after that date constitutes acceptance of the amended Terms.
8. What a Partner may not claim
BackToMe is a compliance tool. A merchant who subscribes decides on the strength of what they have been told about the applicable law. The Partner therefore undertakes, in all circumstances, not:
- to guarantee compliance, the absence of a penalty, or the outcome of an inspection or a dispute;
- to give personalised legal advice on behalf of BackToMe, or to present themselves as mandated by us to do so;
- to state an inaccurate rule of law (deadline, penalty, scope of the obligation, date of application) in order to secure a subscription.
The reference documents published on backtome.fr prevail. Where you are in doubt about a legal statement, refrain from publishing it or ask us first.
9. Prohibited practices
The following are also prohibited:
- bidding on keywords containing the "BackToMe" brand or its spelling variants, and any advertising pointing to a domain name imitating ours;
- unsolicited email, automated bulk messaging, and any distribution contrary to the rules applicable to direct marketing;
- publishing the link on coupon, cashback or promo-code websites, save with our prior written agreement;
- any manipulation intended to trigger an undue attribution, in particular forcing a tracking identifier without a genuine click by the internet user;
- using our trade marks, logos and content outside the materials we make available, or in a way that suggests an official partnership, a certification or a reselling arrangement.
10. Personal data
BackToMe is the controller of the Partner's data (identity, contact details, payment information, tax status, referral statistics and commission history), processed to perform these Terms: running the programme, calculating and paying commissions.
This data is hosted and processed by Tolt, Inc. (2093 Philadelphia Pike #2726, Claymont, DE 19703, United States), acting as a processor, together with its own providers (Intercom, Mixpanel, PostHog, RudderStack, Google Analytics and payout providers: PayPal, Airwallex, bank transfer). It is therefore transferred to and processed in the United States, outside the European Economic Area. The Partner is informed of this before signing up and may decline by not signing up.
This processing is strictly limited to Partner data. No data relating to the consumers of BackToMe's customers, and no withdrawal request, passes through the programme.
The Partner has the rights of access, rectification, erasure, restriction, objection and portability provided for by Regulation (EU) 2016/679, exercisable at contact@backtome.fr. The Partner may also lodge a complaint with the French data protection authority (CNIL). Data is kept for the duration of participation in the programme, plus the statutory retention periods for accounting records as regards payments.
11. Liability
BackToMe does not guarantee the uninterrupted availability of the tracking platform or the completeness of attribution, which depends on factors outside its control, in particular the behaviour of the visitor's browser.
BackToMe's liability under the programme is limited to the amount of commissions due to the Partner in respect of the last twelve months.
12. Governing law, language and jurisdiction
These Terms are governed by French law. Failing an amicable resolution, any dispute relating to their validity, interpretation or performance falls within the exclusive jurisdiction of the French courts.
These Terms are published in French, English and German. The translations are provided for the Partner's understanding; in the event of a discrepancy between versions, the French version prevails.