TravailOS Affiliate Partner Agreement
This version is awaiting final legal review by TravailOS.
This Affiliate Partner Agreement ("Agreement") is between TravailOS ("TravailOS", "we", "us") and the person or business accepting it ("Partner", "you"). It applies from the date you accept it.
1. The programme
1.1 TravailOS Partners lets approved partners introduce businesses to TravailOS and earn commission on eligible subscription revenue those businesses pay.
1.2 Submitting an application or verifying your email does not make you a partner. You become a partner only when TravailOS approves your application in writing (including by email or in the partner portal).
1.3 We may decline any application at our discretion.
2. Relationship
2.1 You are an independent contractor providing referrals. Nothing in this Agreement creates employment, partnership, joint venture, agency or franchise.
2.2 You may not make commitments, sign contracts, set prices, offer discounts or accept payments on behalf of TravailOS.
2.3 The relationship is non-exclusive. You may promote other products, and we may work with other partners, including in your territory.
3. Eligible revenue and commission
3.1 Rate. The commission rate is set by the Commission Schedule in force when a customer is attributed to you. The standard rate is 20% of Eligible Subscription Revenue.
3.2 Eligible Subscription Revenue means subscription fees for TravailOS software actually collected by TravailOS from a customer attributed to you, excluding: sales taxes, VAT and similar amounts collected for an authority; refunds, credits and chargebacks; one-time onboarding, implementation or migration fees; hardware; custom consulting or separately negotiated services; and any other amount the applicable Commission Schedule excludes. Additional modules are eligible only where the Commission Schedule says so.
3.3 Commission is earned only when a payment is collected. Signups, free trials, unpaid invoices and estimated future revenue do not earn commission.
3.4 Upgrades and downgrades change the commission because they change the Eligible Subscription Revenue collected.
3.5 Recurring commission. For each customer attributed to you, commission recurs for 24 months from the date that customer is attributed to you, while that customer continues to pay Eligible Subscription Revenue, subject to this Agreement. It is not a promise of payment where TravailOS collects no Eligible Subscription Revenue.
3.6 If a customer cancels, no further commission accrues while no Eligible Subscription Revenue is collected. If the same customer resumes paying while the attribution remains in place, commission resumes. [Business decision to confirm: an inactivity period after which an attribution lapses. Currently: none.]
3.7 A change to the standard rate applies only to customers attributed after the change. It does not reduce the rate for customers already attributed to you under an earlier Commission Schedule.
4. Attribution
4.1 Attribution belongs to the customer company, not to an individual user. Each company can have only one commission owner.
4.2 A company is attributed to you when (a) it registers through your referral link within 90 days of following it, (b) it enters your referral code when registering, or (c) TravailOS assigns it to you after a documented introduction.
4.3 Existing TravailOS customers, and businesses already in an active sales conversation with TravailOS, are not new referrals unless TravailOS approves a documented exception.
4.4 Requests to assign or correct an attribution must normally be made within 30 days of the company registering. Later requests may be considered as exceptions.
4.5 Where two partners claim the same company, TravailOS decides on the evidence. Our decision on attribution is final, save for manifest error.
4.6 An attribution is never silently changed. Any correction is recorded with a reason and does not alter commission already earned.
5. Validation, adjustments and reversals
5.1 New commission is held as pending for 30 days so that refunds and chargebacks can be accounted for before it is approved.
5.2 If an amount that produced commission is refunded, charged back or found to be invalid, the related commission is reversed. Where it was already paid, the reversal is deducted from future payouts.
5.3 Commission entries are never deleted; corrections are made by recorded reversals or adjustments.
6. Payouts
6.1 Approved commission is paid monthly. TravailOS aims to pay within 30 days after the end of each month, provided your payout details are complete and the balance meets the minimum payout amount (MUR 1,000 or USD 25). Balances below the minimum roll over.
6.2 Commission is paid in the currency the customer paid in unless agreed otherwise. You bear your own bank charges and currency conversion costs. [Confirm with finance.]
6.3 You are responsible for your own taxes. TravailOS may withhold or deduct amounts where law requires and may request tax documentation before paying. [Accountant review required.]
7. Marketing conduct
7.1 Describe TravailOS accurately, using the approved materials in the partner portal. Do not claim features TravailOS does not have, guarantee results or earnings, or misrepresent prices.
7.2 Clearly disclose that you may earn a commission when you recommend TravailOS, wherever the law or the platform requires it.
7.3 Do not send unsolicited bulk messages (spam), bid on TravailOS brand terms in paid search, register domains or social accounts containing "TravailOS", or present yourself as TravailOS.
7.4 Do not offer discounts, cash back or incentives that TravailOS has not authorised.
7.5 Use TravailOS names and logos only as provided in the portal and only to promote TravailOS. All brand rights remain with TravailOS.
8. Prohibited conduct
8.1 You may not refer yourself, your own business, or a business you control, unless TravailOS approves it in writing.
8.2 You may not create fake accounts, fabricate businesses, manipulate links or codes, or otherwise obtain commission by deception.
8.3 No recruitment commission. The programme pays only for qualifying customer referrals. No commission is paid for recruiting other partners, and you may not represent the programme as a recruitment or multi-level scheme.
9. Confidentiality and data protection
9.1 Information you receive about TravailOS, its customers and this programme that is not public is confidential.
9.2 You will process any personal data you collect about prospective customers lawfully, only to make the introduction, and in line with applicable data-protection law. You must have a lawful basis before passing a prospect's details to TravailOS.
9.3 You will not receive customers' employee records, billing details or other tenant data. Referral reports show only what you need to track your referrals.
10. Term and termination
10.1 This Agreement continues until ended by either party.
10.2 Ordinary termination. Either party may end this Agreement on 30 days' written notice. On ordinary termination, commission rights already established for customers attributed to you before the termination date survive and continue under section 3.5, subject to the rest of this Agreement. [Business decision to confirm.]
10.3 Termination for cause. TravailOS may suspend or end this Agreement immediately for fraud, a material breach, or conduct that harms TravailOS or its customers. Commission connected to the breach is forfeited, and other unpaid commission may be withheld while the matter is reviewed.
10.4 TravailOS may suspend referral activity while investigating suspected breaches. Suspension does not by itself cancel established rights.
11. Changes to the programme
11.1 We may change the programme or this Agreement. We will give at least 30 days' notice of material changes in the partner portal and by email, and may ask you to accept the new version to continue referring.
11.2 Changes do not reduce commission already earned or the rate applying to customers already attributed to you, except where the law requires it or you agree.
12. Liability
12.1 Neither party is liable for indirect or consequential loss. TravailOS's total liability under this Agreement is limited to the commission paid or payable to you in the twelve months before the claim. [Lawyer review required.]
13. Disputes and governing law
13.1 Raise any dispute through the partner portal's support page first. We will respond within a reasonable time and try to resolve it in good faith.
13.2 This Agreement is governed by the laws of [Republic of Mauritius — confirm], and the courts of [Mauritius — confirm] have jurisdiction.
14. General
14.1 This Agreement, the Commission Schedule and the programme terms published in the partner portal are the whole agreement between us about the programme.
14.2 You may not assign this Agreement without our written consent.
14.3 The version you accepted, and when you accepted it, is recorded in your partner account.