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This page contains the full version of the SiteW Expert program membership contract. It is freely accessible before joining: you can read it without creating an account and without any commitment. The contract is then accepted online, from your SiteW account.
The commission is calculated monthly. At the end of each month, SiteW lists the active Client Websites attached to the Expert, adds up their monthly recurring revenue excluding taxes (MRR excl. VAT), derives the applicable commission rate from the curve set out in article 6.2, and credits the Expert's Balance with the corresponding amount. The details of this calculation are available at any time in the agency space.
This Contract is entered into
BETWEEN
SITEW.COM, a French SAS with a share capital of €1,500 (one thousand five hundred euros), registered with the Aurillac Trade and Companies Register under number 518 057 310 00063, represented by Fabien VERSANGE in his capacity as manager, whose registered office is located at 11 B ALLEE JEAN JACQUES SIMMLER, 15130 ARPAJON-SUR-CERE, FRANCE,
Hereinafter referred to as "SITEW"
AND
The individual or legal entity, acting in a professional capacity, who joins the SiteW Expert program by accepting this Contract online from their SiteW account, as identified by the information provided in that account,
Hereinafter referred to as "the Expert"
Individually referred to as a "Party" and together as the "Parties".
SITEW is the publisher of a website currently accessible at https://www.sitew.com (hereinafter "the SITEW.COM website"), which offers Internet users an online website creation and hosting service, with a free plan ("Discovery") and paid plans (Showcase and E-commerce, all levels). SITEW also provides its partners with AI-assisted creation tools, including Waia, its exclusive website migration and creation tool.
SITEW is also the exclusive owner of the SiteW trademark, filed and registered with the French National Institute of Industrial Property on 01/12/2009, under number 8726011.
The Expert is a professional whose activity includes consulting, the supply of digital content, or the sale or creation of websites for their clients. The Expert has expressed an interest in expanding their services by offering their clients to have their website created and managed using the SITEW.COM platform.
This Contract defines version 3 of the SiteW Expert program. It entirely replaces previous versions of the contract (in particular the preferential pricing mechanism and the affiliate program operated through the third-party Affilae platform), under the conditions described in article 15 and in the appended changelog.
For the purposes of this Contract, the terms below, when capitalised, have the following meaning:
The purpose of this Contract is to define the conditions under which the Expert joins the Program, and in particular:
Within the Program, the Expert acts as an independent business introducer. The Expert is paid by their clients for their own services (consulting, creation, maintenance, etc.), and by SITEW in the form of Commissions on the subscriptions of the attached Client Websites, under the conditions of articles 6 and 7.
The Program does not include any price reduction: SiteW subscriptions are paid at the public price in force, under the conditions of article 5.
This Contract is entered into in the common interest of the Parties. It grants the Expert no exclusivity, whether territorial or sectoral, and does not entail any mandate to represent SITEW.
Any individual or legal entity acting in a professional capacity may request the activation of Expert status from their SiteW account, by providing the required information (identity, legal form, registration number, address, contact details).
Joining the Program is free of charge, with no entry fee, no minimum sales and no minimum duration commitment.
This Contract is concluded electronically. Acceptance is given online by ticking an express acceptance box, together with a timestamp and the identification of the Expert's account. A copy of the accepted Contract, in PDF format, is made available to the Expert in their agency space and sent to them by email.
The Parties agree that this online acceptance process constitutes proof between them of the Expert's consent to this Contract, in accordance with articles 1366 et seq. of the French Civil Code. No handwritten signature is required.
The Expert Account is active as soon as this Contract is accepted online, without prior validation by SITEW (self-service membership).
By way of exception, listing in the Directory and access to Leads remain subject to a quality review by SITEW, under the conditions of article 9.
The Expert warrants the accuracy of the information provided and undertakes to keep it up to date. SITEW reserves the right to check this information at any time and, in the event of false or incomplete information, or activity that does not comply with applicable laws and regulations, to suspend or terminate the Expert Account under the conditions of article 14.
This Contract must not conflict with any commitment previously entered into by the Expert.
SITEW undertakes to:
The Expert may create Client Websites from their agency space, or have existing websites attached to the Expert Account with the agreement of the end client concerned. The Attachment is materialised on the platform by a business referral right ("referral") linking the website to the Expert Account.
Only subscriptions of Client Websites actually attached at the time of payment give entitlement to a Commission.
The Expert warrants that they have the end client's agreement for the Attachment of their website and for the resulting access rights (access to the editor and to the website's data). The Expert informs the end client of their status as a SiteW Expert and of the existence of a business referral fee paid by SITEW.
The end client may at any time request the detachment of their website from the Expert Account, directly from SITEW. Detachment ends, for the future, the Commissions relating to that website, without affecting Commissions already earned. The Expert may also, on their own initiative, detach a Client Website from their Portfolio.
Unless otherwise agreed between the Expert and their end client, the SiteW account associated with a Client Website remains that of the end client or of the Expert depending on the chosen configuration; SiteW's general terms of use apply in all cases to the account holder.
Subscriptions to the paid plans of Client Websites are taken out and paid at the SiteW public price in force on the day of subscription or renewal, including any public promotions. The Program gives entitlement to no discount, no preferential price and no pricing advantage on subscriptions.
The subscription may be paid, at the parties' discretion, by the end client or by the Expert on behalf of their client. In both cases:
When the Expert re-invoices the SiteW subscription or their own services to their end client, they do so under their sole responsibility, in their own name and on their own behalf, in compliance with applicable regulations. SITEW is not a party to that contractual and financial relationship.
The Commission is calculated monthly. At the end of each calendar month, SITEW identifies the Client Websites attached to the Expert Account holding an active paid plan, adds up the corresponding monthly recurring revenue excluding taxes (MRR excl. VAT) to obtain the Monthly Portfolio Revenue, applies to that amount the Commission rate resulting from the curve defined in article 6.2, and credits the Expert's Balance with the resulting amount.
The Commission is calculated on the amount of subscriptions excluding taxes, excluding ancillary charges (in particular domain names, options and third-party services). For subscriptions paid in advance over a period longer than one month (annual or biennial subscriptions), the amount collected is spread monthly (divided by the number of months covered).
The applicable Commission rate is determined by the Monthly Portfolio Revenue according to a stepped schedule matching floor arithmetic:
Formula: rate = min(50; 25 + floor(monthly revenue excl. VAT / 100)), the rate being expressed in percentage points and the revenue in euros excluding taxes.
The current rate and the details of its calculation are displayed in the agency space.
The parameters of the curve (floor rate, progression, cap rate) are part of the financial conditions of the Program and may only be modified under the conditions of article 13 (amendment of the Contract with notice and right of termination).
The Commission is earned at the end of a waiting period of 45 days from the end of the month for which it was calculated. The Commission for a month M is therefore only available for invoicing 45 days after the end of month M.
In the event of withdrawal, cancellation, full or partial refund, or non-payment (direct debit rejection, payment dispute) affecting a subscription taken into account, the corresponding Commission is cancelled or clawed back, including by debiting the Balance if it had already been credited. If the Balance is insufficient, the claw-back is offset against future Commissions.
Benefiting from the Commission curve above the floor rate is conditional on a minimum level of activity by the Expert: at least 1 new paid plan activated on a Client Website over the last 3 rolling months.
If the minimum activity is not met, the Commission rate is frozen at the 25% floor rate: it no longer increases, whatever the Monthly Portfolio Revenue. This measure entails no deletion of the Expert Account and no loss of the Balance. No additional grace period applies: the 3-month rolling window already serves that purpose. The Expert's activity status and the corresponding deadline are displayed in the agency space.
Returning to a level of activity that meets the minimum restores the normal application of the curve for subsequent months, without retroactive effect on Commissions already calculated.
The following do not give entitlement to a Commission:
The Parties agree that, apart from the Commissions and benefits referred to herein, no other sum of any nature whatsoever shall be owed to the Expert.
Commissions earned are credited to the Balance, which can be viewed at any time in the agency space. The Balance is an accounting balance expressed in euros excluding taxes; it constitutes neither a payment account, nor a deposit, nor electronic money, and does not bear interest.
Commissions are paid out exclusively upon submission of an invoice issued by the Expert to SITEW, once the available Balance reaches the invoicing minimum of €100 excl. VAT.
The invoice must comply with applicable regulations (mandatory information, VAT regime applicable to the Expert) and match the amount requested, within the limit of the available Balance. The agency space provides the Expert with a summary of the invoiceable balance to help them issue their invoice.
The Expert is solely responsible for their own tax, social security and reporting obligations in respect of the Commissions received.
The Expert may issue at most one invoice per calendar month.
SITEW validates the invoice (formal compliance and consistency with the Balance) within 10 business days. In the event of non-compliance, SITEW informs the Expert, who may issue a corrected invoice.
Payment is made within 30 days from the validation of the invoice, by bank transfer to the account provided by the Expert. The amount paid is debited from the Balance.
In the event of termination of this Contract or closure of the Expert Account, for any reason whatsoever:
By way of exception, in the event of termination by SITEW for fraud or serious breach by the Expert (article 14.3), Commissions not yet paid may be withheld as compensation for the damage suffered, without prejudice to any other rights and remedies.
SITEW makes its AI-assisted creation tools available to the Expert at no extra cost, including in particular:
The list and exact scope of the tools are those published in the agency space and may evolve with the service.
These tools are provided for the genuine needs of the Expert's activity for the benefit of their end clients, within the framework of the Program. The Expert undertakes to use them reasonably and in good faith.
The following are in particular considered manifestly abusive uses:
In the event of manifestly abusive use, SITEW may, after notifying the Expert, cap, throttle or suspend the Expert's access to the AI tools, without such a measure constituting a breach by SITEW of this Contract or giving entitlement to any compensation. In the event of repeated abuse or characterised bad faith, SITEW may terminate the Contract under the conditions of article 14.3.
The AI tools are furthermore subject to their own terms of use and to the reasonable technical limits of the service.
SITEW publishes a public directory of Experts on the SITEW.COM website. Listing in the Directory is subject to a quality review by SITEW (completeness and quality of the profile, portfolio, compliance with the appended charter). SITEW reserves the right to refuse, suspend or remove a listing, in particular in the event of a breach of the charter, persistently negative client reviews or prolonged inactivity, after informing the Expert.
In order to improve the quality of the Program, the Expert authorises SITEW to survey the satisfaction of their clients, having been informed beforehand of such surveys, and to publish those reviews on the Directory after any moderation.
SITEW may forward to the Expert Leads originating from the Directory or from other matchmaking features of the SITEW.COM website. Leads are forwarded without any guarantee of volume, quality or conversion. Their allocation is at SITEW's sole discretion (relevance criteria: location, skills, availability, observed service quality).
Exchanges between the Expert and prospects brought in by SITEW (Leads, contacts through the Directory) take place through the Messaging built into the platform, at least until a contractual relationship is established between the Expert and the prospect. The Expert must not circumvent the Messaging, in particular by immediately requesting that the conversation be moved to an external channel in order to remove the relationship from the Program.
The purpose of this obligation is to allow SITEW to monitor the quality of the matchmaking and the traceability of business referrals. SITEW only accesses exchanges under the conditions set out in its privacy policy and applicable regulations.
For prospects brought in by SITEW (through the Directory, Leads or Messaging), the Expert undertakes to offer and carry out website creation and management services on the SITEW.COM platform. For those prospects, the Expert must not offer, sell or carry out website creation or hosting services based on solutions that compete with SITEW.
This obligation is limited to prospects brought in by SITEW only; it in no way restricts the Expert's freedom to work with any other solution for their own clientele, acquired outside the Program.
The Expert undertakes to:
In order to ensure the integrity of its partners, SITEW may carry out mystery shopping audits, in compliance with applicable personal data protection regulations.
Conversely, no communication obligation is imposed on the Expert (in particular no obligation to include a link to the SITEW.COM website on their own materials). Mentioning the partnership remains recommended and optional.
The Expert undertakes to respect all of SITEW's rights over its trademark, logo and distinctive elements, and must not create any analogy in the public's mind for any purpose whatsoever and by any means whatsoever.
SITEW grants the Expert, for the term of the Contract, a non-exclusive, non-transferable right to use the "SiteW Expert" trademark and badge for the sole purpose of stating their participation in the Program, in accordance with the brand guidelines communicated by SITEW. This right of use automatically ends upon termination of the Contract, for any reason whatsoever.
The Expert acknowledges that the use granted to them of SITEW's elements confers no ownership right upon them. The Expert undertakes to ensure that no confusion exists in the minds of third parties as to their status as a company independent of SITEW; in particular, they must not present themselves as an agent, representative, subsidiary or delegate of SITEW.
The documents and resources that SITEW provides to the Expert within the framework of the Program remain the intellectual property of SITEW and may not be made public, given away or resold without its authorisation.
Each Party undertakes to comply with applicable personal data protection regulations, in particular Regulation (EU) 2016/679 ("GDPR") and the amended French Data Protection Act.
When accessing Client Websites and their end clients' data (content, visitor data, order data where applicable), the Expert acts under their own responsibility and determines with their end client their respective roles (controller, processor) within the meaning of the GDPR. The Expert warrants that they have a legal basis and the necessary authorisations for such access and processing.
SITEW processes the data of the users of its platform in accordance with its privacy policy.
The prospect data forwarded to the Expert through Leads and Messaging may only be used by the Expert to respond to the prospect's request and, where applicable, to carry out the agreed service. Any reuse for other purposes (in particular unsolicited prospecting, transfer, file enrichment) is prohibited.
SITEW processes the Expert's account data (identity, contact details, billing data, usage data, timestamp of acceptance of the Contract) for the management of the Program, the performance of the Contract and compliance with its legal obligations.
SITEW reserves the right to modify, at any time, all or part of this Contract, including the financial parameters of article 6, with one month's notice, notified by email and in the agency space. At the end of the notice period, the amendments automatically apply to the Expert, unless the Expert exercises their right of termination.
If the Expert refuses the notified amendments, they may terminate the Contract without penalty during the notice period, by any written means (email or the termination function of the agency space). Commissions already earned then remain payable under the conditions of article 7.5.
This Contract is entered into for an indefinite term as from its online acceptance. It includes neither a minimum duration commitment nor any minimum sales volume obligation.
Either Party may terminate the Contract at any time, without cause and without compensation, subject to 1 month's notice, given in writing (email, the termination function of the agency space, or registered letter with acknowledgement of receipt). By mutual written agreement, the Contract may end without notice.
In the event of a serious breach by either Party of its obligations (in particular, for the Expert: Commission fraud, circumvention of the Messaging, diversion of prospects within the meaning of article 9.4, abusive use of the AI tools after formal notice, infringement of the trademark), the other Party may terminate the Contract automatically, without notice, after a formal notice has remained unanswered for 15 days, except in cases of urgency or characterised fraud justifying immediate suspension.
As from the effective date of termination:
This Contract cancels and replaces, as from its effective date for the Expert concerned, any previous version of the SiteW Reseller / Expert contract, and in particular:
Transitional provisions
Experts under the v1 or v2 contract keep their current model — preferential prices (discounts of 20%, 33% and 50%) and Affilae commissions — until the effective date of their migration to this v3 contract. Migration is notified by email under the unilateral amendment clause of the v1/v2 contracts. No objection after notice = tacit switch on the stated effective date. Replying to the email or contacting SiteW before that date is enough to leave the program (identity and balance retained). New Experts still accept v3 explicitly online.
The effective date is a monthly boundary: until then, cart discount and Affilae remain active; from that date they stop together and the v3 commission ledger starts. Public SiteW discounts and Expert commission are not misleadingly stacked: commission is computed on client portfolio revenue excl. VAT.
16.1. The Parties agree that the obligations imposed on them under this Contract constitute best-efforts obligations.
The Parties exclude any liability of either of them for indirect damage suffered by the other or by a third party, in particular loss of data, loss of profits, loss of sales, loss of opportunity, loss of earnings, harm to reputation, or claims made by a third party against either of them, except in the event of gross negligence or wilful misconduct by the Party concerned.
16.2. In the event of force majeure, in accordance with the law and case law, the liability of each Party shall be excluded. "Force majeure" within the meaning of the Contract shall in particular mean: the blocking or failure of electricity supply networks and telecommunication networks, legislative or regulatory provisions restricting the subject matter of this Contract, as well as the cases recognised by case law and any other event beyond the express control of the Parties preventing the normal performance of this Contract.
If, as a result of a force majeure event, the Parties were led to interrupt their respective services, the performance of the Contract would be suspended for as long as one of the Parties is unable to fulfil its obligations. However, if such interruption were to exceed one month, the Contract could be terminated by either Party without compensation on either side.
16.3. SITEW may not be held liable in the event of temporary interruptions of its service for maintenance purposes, or in the event of operating difficulties or temporary interruption of its service beyond its own control, in particular in the event of discontinuity of electricity or telecommunication services.
16.4. SITEW guarantees neither a volume of Leads, nor a ranking in the Directory, nor any revenue or Commission level for the Expert.
Each Party declares that it holds all the rights enabling it to enter into this Contract.
In this respect, each Party shall indemnify the other against any action, claim, demand or objection from any person invoking an intellectual property right, an act of unfair and/or parasitic competition, an ownership right or any other exclusive or personal right infringed by the performance of this Contract.
18.1. Within the meaning of the Contract, all information, whether oral or written, transmitted in the form of data, documents or in any other form, of which either Party becomes or may become aware in the course of the performance of this Contract shall be deemed confidential.
The following shall not be deemed confidential:
18.2. Each Party undertakes, as from the entry into force of the Contract:
Each Party shall guarantee compliance with this obligation by its own employees, subcontractors and assigns.
18.3. Each Party shall only be released from this obligation at the end of a period of one year following the end of the Contract.
The Contract is a membership contract to the Program entered into between the Expert and SITEW, each Party retaining its full and complete independence.
The Parties are deemed independent of one another and nothing in this agreement shall purport or be construed to create a joint venture between them, a commercial agency mandate, an employment contract or any relationship of subordination.
Neither Party may enter into any commitment in the name of and/or on behalf of the other. Each Party shall remain solely responsible, in particular towards its clients, for its acts, statements, commitments, services, products and staff.
This Contract is governed by French law. Failing an amicable settlement of disputes within 30 days following notification of the dispute by registered letter with acknowledgement of receipt sent by one Party to the other, the dispute shall be submitted to the exclusive jurisdiction of the competent court in Aurillac.
The Parties may, by mutual agreement, optionally resort to arbitration. Each Party shall appoint its arbitrator. These two arbitrators shall appoint the third arbitrator. Should either Party fail to appoint its arbitrator within 2 months, or should the two arbitrators fail to agree on the choice of a third arbitrator within the same period, the appointment shall be made by the President of the Commercial Court of Aurillac at the request of the more diligent Party.
The arbitration shall take place in Aurillac and the provisions of French law shall apply to this agreement. However, the arbitrators shall render their award according to equity and custom rather than strict law. They shall be exempt from any judicial formality and shall rule as amiable compositeurs.
The SiteW Expert partnership charter is appended to this Contract. It sets out the Expert's commitments in their relations with institutions, with their clients (pre-sales, order, delivery of the work, handover and invoicing) and with SITEW. Any breach of the charter constitutes a breach of this Contract.