These terms and conditions set forth the rules governing the affiliate program offered by:
OVI SAS, with a share capital of €100,000
RCS: Nice B 823 705 793 | VAT: FR02823705793
Headquarters: OVI | 61-63 Avenue Simone Veil, 06000 NICE.
site operator www.ovibar.com (hereinafter “OVI” ).
Any application to join the affiliate program constitutes the affiliate’s full and unconditional acceptance of these terms and conditions.
1. Purpose of the Program
The OVI Affiliate Program allows certain individuals or entities, selected by OVI, to promote the OVI II product using an affiliate promotional code that:
- offers the end customer a discount when placing an order;
- allows for the identification of the affiliate responsible for the sale;
- entitles the affiliate to a commission, subject to these terms and conditions.
The affiliate program is a business referral program. It does not create any relationship of subordination, agency, commercial representation, exclusivity, or partnership or joint venture between OVI and the affiliate.
2. Definitions
For the purposes of this document:
Affiliate: any individual or entity whose application to join the program has been accepted by OVI.
End customer: any customer who places an order on the website www.ovibar.com.
Affiliate ID: a promotional code assigned to an affiliate that identifies sales eligible for commission.
Commission: compensation paid to the affiliate for each eligible sale attributed to their affiliate code and definitively validated.
Eligible sale: a sale that meets all the conditions set forth herein.
3. Program Eligibility Requirements
The program is available by application. OVI reserves the right to accept or reject any application without having to provide a reason for its decision.
Admission to the program may be limited to certain groups, including professionals, influencers, partners, content creators, independent sales representatives, or other business developers.
The affiliate warrants that the information provided at the time of registration and throughout the duration of their participation in the program is accurate, truthful, and up to date.
OVI may, at any time, request any relevant supporting documentation, including proof of identity, professional status, address, bank details, SIREN/SIRET number, intra-Community VAT number (if applicable), or any other information necessary for the payment of commissions.
4. Assignment and Use of the Affiliate Code
Once their registration has been approved, affiliates are assigned a personal affiliate code.
Unless OVI decides otherwise, each affiliate is assigned a single affiliate code. OVI may, however, assign multiple codes to a single affiliate, particularly for specific transactions.
At the affiliate’s request and subject to OVI’s approval, the affiliate code may be customized. OVI retains sole discretion regarding the acceptance, refusal, modification, or withdrawal of a customized code, particularly if the requested text is misleading, unlawful, infringes on the rights of third parties, is contrary to OVI’s image, or is likely to cause confusion.
The affiliate code is strictly personal to the affiliate. It may not be assigned, sold, rented, lent, transferred, or made available to a third party without OVI’s prior written consent.
5. Eligible Products and Sales
Only sales of the OVI II product made on the website www.ovibar.com and attributed in accordance with these terms are eligible for the affiliate program.
The affiliate program applies exclusively to the purchase or rental of an OVI II.
The program does not apply to:
- sales of products other than OVI II and other versions of the filter fountains specified by OVI;
- orders not associated with a valid membership code;
- cancelled, refunded, fraudulent, or unpaid orders;
- orders that do not comply with these terms and conditions.
Whether the end customer pays for the order in a single payment or in installments has no bearing on the sale’s eligibility, provided that the order is validly paid for and definitively acquired by OVI.
6. Rules for Calculating Commissions
The program works as follows:
1 eligible OVI sold = 1 commission owed to the affiliate, provided that the sale is eligible and has been definitively validated.
Consequently, when a single order contains multiple units of the OVI II product, each unit sold entitles the seller to a separate commission. For example, an order for 2 OVI II units entitles the seller to 2 commissions.
7. Suggested default settings
For reference only, the initial program settings might be as follows:
- A €50 discount per eligible OVI for the end customer;
- €50 commission per eligible OVI for the affiliate.
The Affiliate expressly acknowledges that these amounts are provided as the current rates in effect as of a given date and that OVI may, at its sole discretion, modify them at any time for the future, either temporarily or permanently.
Unless otherwise expressly stated by OVI, any changes to the amounts will apply only to orders placed after the new settings take effect. Commissions that were already validly generated prior to a change will not be affected solely because of that change.
8. Conditions for attributing a sale to an affiliate
A sale is attributed to an affiliate only if the end customer has actually entered a valid affiliate code in the designated field before confirming their order, unless OVI has expressly decided to assign the sale manually.
No commission is due on the following:
- by clicking on a link;
- a site visit;
- rather than just a sales call;
- a recommendation that was not followed regarding the use of a valid code;
- a unilateral statement by the affiliate that is not supported by OVI’s technical or accounting records.
The program relies solely on the actual use of the affiliate code; OVI does not track affiliate links or engage in any specific behavioral tracking in this regard.
However, OVI reserves the right, on an exceptional and discretionary basis, to manually assign an order to an affiliate in the event that the code was not entered or in the event of a complaint deemed valid. Such adjustments are exceptional, are not automatic, and do not set a precedent in favor of the affiliate.
9. Rules for combining benefits and coordinating with promotions
Unless OVI expressly states otherwise, an affiliate code cannot be combined with any other promotional code, including referral codes between individuals or any other promotion that requires the entry of a promotional code.
If multiple promotional codes are entered or applied in succession to the same order, only the last code actually accepted by the system at the time the order is confirmed will be applied.
However, an affiliate code may still apply when the current commercial benefit results from a discount that is directly included in the sale price, without the use of a separate promotional code.
OVI reminds affiliates that price reduction advertisements aimed at consumers must be truthful and not misleading; more broadly, promotional practices are subject to regulation and oversight by the DGCCRF.
10. Final approval of the committees
A commission is considered definitively earned by the affiliate only after all of the following verifications have been completed:
- actual and final receipt of payment for the order by OVI;
- no fraud, unpaid amounts, or irregularities;
- no cancellation, either in whole or in part, of the order;
- the expiration of the statutory withdrawal period applicable to the end customer, as well as, where applicable, any additional commercial period granted by OVI to the end customer;
- the affiliate’s compliance with these terms and conditions.
Consequently, as long as an order remains subject to cancellation, withdrawal, refund, or dispute, the corresponding commission is considered pending and is not due.
When OVI offers its customers a “satisfaction or money-back” guarantee that extends beyond the statutory withdrawal period, OVI may wait until this longer commercial period has expired before considering the commission payable. The legal right of withdrawal for distance sales is generally 14 days for the consumer; a customer-friendly commercial policy may therefore contractually justify an additional deferral of commission payments.
11. Cancellation, Refunds, Unpaid Amounts, and Rejected Commissions
Any order that is canceled, refunded in whole or in part, involves an unpaid balance, fraud, chargeback, or misuse of a payment method, or is tainted by any irregularity, may result in the rejection, cancellation, or recovery of the corresponding commission.
If the commission has not yet been paid to the affiliate, OVI may reject or cancel it.
If the fee has already been paid, OVI may:
- offset it with future commissions;
- request reimbursement from the member;
- temporarily or permanently suspend the affiliate account until the matter is resolved.
In the event of a partial refund for an order or a partial return involving one or more OVI II units, OVI may adjust the commission on a pro-rata basis according to the number of units actually retained and definitively acquired.
12. Terms of payment for commissions
Unless otherwise specified, commissions are paid manually by OVI, in accordance with the procedure established by OVI.
Payment is made only after:
- final approval of commissions by OVI;
- verification of the affiliate’s administrative and banking information;
- receipt, when required, of a valid invoice issued by the affiliate.
When the affiliate acts in a professional capacity, they are responsible for issuing an invoice that includes the required information. In France, issuing an invoice is mandatory for transactions between businesses, and the invoice must include the required information.
OVI may set a minimum payment threshold, modify it, or decide to make payments only once a certain cumulative amount of commissions has been reached.
Unless otherwise specified, bank fees, currency exchange fees, international transfer fees, payment intermediary commissions, and other incidental fees are the responsibility of the affiliate.
13. Tax and Social Security Obligations of the Member
The affiliate is solely responsible for its tax, social security, accounting, and reporting obligations with respect to the amounts received through the program.
In particular, it is responsible for:
- to verify that he has the status required to receive commissions;
- to report the amounts received;
- to issue the required invoices or receipts;
- to pay, where applicable, any VAT and any other taxes or fees due.
OVI does not provide any legal, tax, labor, or accounting advice to the affiliate in this regard.
14. Conduct Requirements for Affiliates
The affiliate agrees to promote OVI in a fair, honest, and lawful manner that is consistent with OVI’s brand image.
In particular, he shall refrain from:
- to make false, misleading, disparaging, defamatory, or unverified statements about OVI, its products, its competitors, or its customers;
- to present oneself as an employee, legal representative, authorized sales agent, or official spokesperson of OVI;
- to promise, on behalf of OVI, terms, guarantees, deadlines, services, or discounts that have not been expressly authorized;
- to use OVI’s name, trademarks, logos, visuals, or content outside the scope of any permissions that may have been granted;
- to use domain names, social media accounts, advertisements, or content that could be confused with OVI;
- to purchase advertising keywords related to OVI’s trademarks or to divert traffic in a parasitic manner, unless prior written authorization has been obtained;
- to send illegal communications or communications that constitute spam.
With regard to marketing outreach, the CNIL notes in particular that sending promotional emails to individuals generally requires their prior consent, whereas in B2B contexts, business recipients must at a minimum have been informed and be able to opt out of such marketing.
15. Advertising Transparency and Influencer Content
When an affiliate publicly promotes OVI in exchange for financial compensation, the affiliate is responsible for complying with all applicable rules regarding advertising, commercial influence, consumer information, and, more generally, fair commercial practices.
In particular, it is the affiliate’s responsibility, where required by regulations, to clearly and unambiguously indicate any reference to “advertisement, ” “commercial collaboration,” or any equivalent wording.
The Ministry of the Economy notes that commercial partnerships must be transparent to the public and that, effective January 1, 2026, a written contract may become mandatory for certain partnerships with content creators once a specific value threshold is exceeded.
OVI reserves the right to require the affiliate to provide any evidence of compliance regarding its content, publications, or promotional activities.
16. Concerns about self-dealing and abuse
Unless OVI expressly agrees in writing, commissions are not due on:
- purchases made by the affiliate on their own behalf;
- purchases made by individuals or entities affiliated with the affiliate for the purpose of circumventing the rules;
- fictitious, artificial, or speculative orders, or those intended solely to generate a commission;
- orders obtained through fraud, deception, bot activity, identity theft, system manipulation, or any other abusive means.
If there is reasonable doubt regarding the validity of an order, OVI may suspend the processing of the commission while the necessary verifications are conducted.
17. Monitoring data and evidence
The data recorded by OVI systems, including information regarding orders, the application of promotional codes, payment status, cancellations, refunds, and commission status, shall be deemed accurate until proven otherwise.
The affiliate agrees that the allocation, calculation, hold, cancellation, validation, and payment of commissions shall be determined primarily by reference to OVI’s technical, sales, and accounting records.
18. Term, Suspension, and Termination
The affiliate’s participation in the program is effective for an indefinite period beginning upon acceptance by OVI.
OVI may suspend or terminate the affiliate’s participation in the program automatically and without compensation, particularly in the event that:
- a breach of these terms and conditions;
- conduct that harms OVI’s image, reputation, or interests;
- fraud or attempted fraud;
- prolonged inactivity;
- failure to submit the requested supporting documents;
- administrative, tax, or banking non-compliance;
- the member’s cessation of business activities;
- a simple reorganization or discontinuation of the affiliate program.
The affiliate may also terminate their participation at any time by providing written notice.
Termination terminates, going forward, the right to use the affiliate code and to represent oneself as an OVI affiliate. Commissions accrued prior to the effective date of termination may remain payable if all validation and payment conditions are met.
19. Changes to the Program and These Terms and Conditions
OVI reserves the right to modify at any time:
- these terms and conditions;
- the admission requirements for the program;
- eligible products;
- the amount of the discounts;
- the amount of commissions;
- payment thresholds;
- the rules on combining benefits;
- the technical or administrative procedures for the program;
- or to suspend, restrict, or cancel the program.
Unless otherwise specified, the changes take effect as of the date they are posted online or notified.
Unless otherwise expressly provided, no change shall have retroactive effect on a commission that has already been definitively approved prior to its effective date.
20. Intellectual Property
The trademarks, logos, trade names, visuals, photographs, text, videos, graphic guidelines, and, more generally, all elements related to OVI remain the exclusive property of OVI or its partners.
Nothing in this Agreement shall be construed as a transfer or license of intellectual property rights to the Affiliate, unless OVI has provided express, prior, and limited written authorization.
21. Liability
OVI does not guarantee the affiliate a minimum level of sales, traffic, conversion, commissions, or revenue.
OVI shall not be liable for any consequential damages, business losses, loss of revenue, loss of opportunity, damage to reputation, or loss of customers incurred by the affiliate in connection with its participation in the program.
Furthermore, OVI shall not be held liable in the event of temporary website malfunctions, the unavailability of a code, hardware errors, technical failures, maintenance operations, changes to the catalog, out-of-stock items, price changes, program termination, or force majeure.
22. Independence of the parties
The affiliate acts independently and on its own behalf. It is solely responsible for the costs, expenses, obligations, and risks associated with its business.
Nothing in this Agreement shall be construed as creating an employment contract, a general power of attorney, a commercial agency agreement, a franchise, a de facto partnership, or an exclusive partnership between OVI and the affiliate.
23. Partial invalidity
If any provision of these terms and conditions is found to be invalid, illegal, unenforceable, or inapplicable, the remaining provisions shall remain in full force and effect.
24. Governing Law and Jurisdiction
These terms and conditions are governed by French law.
In the event of a dispute regarding the validity, interpretation, performance, or termination of this Agreement, the parties shall endeavor to reach an amicable resolution.
In the absence of an amicable agreement, express jurisdiction is conferred upon the courts with subject-matter jurisdiction, subject to the applicable mandatory rules of jurisdiction.
