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Affiliate Program Terms & Conditions

By submitting your Application to become a FlySuite Affiliate, you confirm that you have read and agree to be bound by all terms of this agreement with Natium S.A., if Natium S.A. accepts you for participation in its customer/order referral “Program” as described below. Natium S.A. is the company that owns and publishes the website.

1. Enrollment in the Program.
To begin the enrollment process, you must submit a complete and accurate Application. Natium S.A. (the FlySuite team) will evaluate the Application and the web site specified in your application, and advise you via email of your acceptance or rejection. Natium S.A. has the right in its sole and absolute discretion to reject your application, or to terminate your participation in the Program, for any reason.

2. Commissions.
While you are enrolled in the FlySuite Affiliate Program, Natium S.A. will pay you a “Commission” equal to 25% of "Sales" resulting from "Qualifying Orders".
“Sales” means the selling price of FlySuite softwares and services on, not counting sales tax.
“Qualifying Order” means a FlySuite registration on paid and approved by our credit card online system in the session in which he or she is delivered by your website (as described below). "Qualifying Order" does not include registrations and credit card transactions that are cancelled by the end-user. Under the currently used technology, our tracking service will place a cookie on the end-user’s computer as he/she is delivered from your website to the FlySuite Website, to identify your Website as the delivering source when a registration is made and paid. The cookie will expire 30 days after it is placed. However, the cookie will be overwritten if the end user returns to the site from another tracked source. As a bonus to you, if the end-user returns to the FlySuite Website and places an order while your cookie remains active, the tracking software will treat this as a Qualifying Order. We reserve the right to change the technology we employ to calculate Commissions owed to you.

3. Payments and Reports.
Commissions will be calculated in realtime, and paid to you by the beginning of each month. However, if Commissions owed to you are small, payment may be deferred until the earlier of the payment cycle for the month when Commissions we owe you aggregate at least $75. Natium S.A. will provide realtime electronic transaction reports concerning Qualifying Orders that have been approved by our credit card online system. You will have a password-protected account on FlySuite website at (the "Reporting Site") that you can access to obtain information concerning Commission credits that have been posted to your account. Information on the Reporting Site can be in USD, CAD, GBP, EUR or CHF and your Commissions can be paid in these currencies. All information available on the Reporting Site is Natium S.A.’s Confidential Information, protected by Section 11. If a transaction is cancelled in a later monthly cycle than the Commission we paid you on the transaction, Natium S.A. may take the cancellation as a credit against your subsequently earned Commissions. You should check your account at least monthly and promptly notify Natium S.A. if you believe there are errors in the calculation of Commissions we owe you that we have taken. You will waive the right to contest any underlying calculation 90 days after a payment is made to you. You acknowledge and agree that information reported to you will include order number and aggregate dollar amounts, but will not include any personally identifiable information about the end user that placed a Qualifying Order.

4. Advertisements and Links.
Natium S.A. will make available at, one or more electronic advertisements for the FlySuite Office Suite available from the Website, each containing text and/or graphics and a hyperlink that will start FlySuite Office Applications when the end user clicks on the hyperlink (each such electronic file an “Advertisement” and its hyperlink a “Link.”). Natium S.A. is and will remain sole owner of the entire content of each Advertisement. Natium S.A. will provide a Link Generation tool on the Reporting Site that will enable you to select and generate links for your site. Natium S.A. grants you a non-exclusive, revocable and limited license while this agreement remains in effect, to display links to the Advertisements you select on the Affiliate Website. Once the Link Generation Tool generates a link to an Advertisement, you can alter its code if Natium S.A. approved your changes. We will periodically send e-mails or newsletters describing new Advertisements available for selection. If requested but at Natium S.A.’s sole discretion, we may work with you to develop and enable customized Advertisements. You may add to or delete from the Affiliate Website, links to any Advertisement at any time at your sole discretion, but you may not link to the FlySuite Website through any code that Natium S.A. has not authored or approved. All uses of Natium S.A. trademarks that appear in any Advertisement will inure solely to the benefit of Natium S.A..

5. Your Obligations.
You are solely responsible for development, operation, and maintenance of the Affiliate Website(s), for selecting, generating and displaying links to Advertisements on the Affiliate Website, and for all other content that appears on the Affiliate Website. You will co-operate with Natium S.A. as necessary to establish the linkage from Links to the Website through Natium S.A.’s facilities, which will enable Website to place cookie and other tracking code on the end user’s computer to identify the Link as the source of traffic. You are responsible for monitoring and notifying Natium S.A. of any malfunction of links from the Affiliate Site to Advertisements, or other problems with your participation in the Program. You acknowledge that you will not receive Commissions on Qualifying Orders if and while technical problems prevent Natium S.A.’s technology from tracking delivery of Qualifying Orders. You acknowledge that the software and other technology that Natium S.A. uses to track Qualifying Orders and calculate Sales, Natium S.A.’s confidential and proprietary technology, protected by Section 11 of this Agreement.

6. Restrictions.
You are prohibited from engaging in any of the following types of activities (collectively, “Prohibited Activity”):

a. Absolutely prohibited.
Sending Links in unsolicited e-mails.
Creating a site that copies, resembles the look and feel of, or otherwise creates the impression that the Affiliate Site is the Website.
Offering rebates, gift certificates, points or other rewards to end-users who submit orders through Links, unless you take adequate steps to avoid creating the impression that Natium S.A. is offering them or has any responsibility for same.
Purchasing or bidding for placement of “Natium”, “FlySuite”, “FlyCalc”, "FlySlide" or any variation or misspelling thereof, within any third party search engine or portal, including but not limited to, Yahoo!.com,,,,,,,,,,, and
Causing any Link in an Advertisement that Natium S.A. provides to link to any page other than the URL provided with the Link.
Submitting or encouraging others to submit orders to Natium S.A. in bad faith, such as (but not limited to) placing orders with intent to return the merchandise to Natium S.A. after Natium S.A. has paid a Commission on the order.
Accessing or attempting to access an area of the FlySuite website for which access is not authorized;
Using any trademark of Natium S.A. (like FlySuite, FlyCalc, FlySlide, etc) unless Natium S.A. gives its prior written consent as to the specifics.
Taking any action that could reasonably cause any customer confusion as to Natium S.A.’s relationship with you, or as to the site on which any functions or transactions (such as search, order, and browse) are occurring.
Employing any technology designed to divert them to the Affiliate Website or to pull them away from the site he/she is currently shopping.
Employing any technology to read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials that we serve to customers who click through Links to the Website.
Assisting any third party to take any action that would be Prohibited Activity if you engaged in it.

b. Prohibited unless Natium S.A. gives its prior written consent as to the specifics:
Placing Links in newsgroups, message boards, banner networks, chatrooms, guest books, popups, popunders or popovers.
Using “Natium,” “FlySuite,” “FlyCalc”, "FlySlide" or any misspelling thereof in any URL for any page of the Affiliate Website, or in any other technological means of diverting end-users to the Affiliate Website or links controlled by Affiliate when they search for the FlySuite Website.
In any way modifying, redirecting, suppressing, or substituting the operation of any button, link, or other interactive feature of the FlySuite Website.
Posting or serving any advertisements or promotional content around or in conjunction with the display of pages of the FlySuite Website or Natium S.A.-branded pages of third party websites (such as through framing technology or pop-ups).
Displaying any content of the FlySuite Website or other proprietary Natium S.A. content except Advertisements provided by Natium S.A. through
Making any warranty or representation concerning Natium S.A.’s products or services except those expressly stated by Natium S.A. in Advertisements and on the FlySuite Website.
Sublicensing or assisting any third party to display Advertisements on its website.

Natium S.A. has the right, at its sole discretion, to monitor the Affiliate Website for compliance with this Agreement. If we determine, in our sole discretion that you have engaged in any Prohibited Activity, we may (without limiting any other rights or remedies available to us) withhold any Commissions otherwise payable to you and/or terminate this Agreement.

7. Order Fulfillment.
Natium S.A. shall be solely responsible for operating, maintaining and managing the content of the FlySuite Website and its shopping cart, in the ordinary course of Natium S.A.’s business. Customers who purchase Natium S.A. merchandise through the Program will be deemed to be customers of Natium S.A.. Natium S.A. shall be solely responsible for all aspects of its relationship with such customers, including without limitation: (i) obtaining approval for orders from the Payment Source, (ii) accepting and processing Payment-Source-approved orders; (iii) fulfilling accepted orders; (iv) managing returns and cancellations; and (v) servicing customers. Affiliate shall not be deemed to be involved in any transaction of any kind between Natium S.A. and its customers. As between the parties, Natium S.A. shall be sole owner of all information that end-users submit to Natium S.A. in Qualifying Orders.

8. Term.
The “Term” of this Agreement begins if and when we notify you that we have accepted your application, and ends when either side e-mails notice of termination. Either side may terminate this Agreement at any time, for any reason. If Natium S.A. believes you have breached an agreement term, it may (but is not required to) send you notice of the breach and the corrective action you must take to cure it. Upon termination of this agreement for any reason, (i) you will immediately remove from the Affiliate Site and any other site where they have been placed, all links to Advertisements and other content related to Natium S.A., (ii) we may revoke your access privileges to, disable any Links from the Affiliate Website to the Natium S.A. Website and any links from the Affiliate Website to Advertisements served by our servers, and (iii) Commission’s will cease to accrue on Qualifying Orders. We will retain the right to charge back cancellations that are posted after the effective date of the termination, and may withhold final payment to you for a reasonable time to determine if Commissions owed to you exceed cancellations. Your obligation to cease all uses of Advertisements, Links and Natium S.A.’s name and trademarks upon termination, will survive that termination and entitle Natium S.A. to obtain an injunction against continued violation. Sections 3, 6, 7, 10, 11 and 12 will also survive termination.

9. Modification.
We may modify any provisions of this Agreement (including those related to the amount of the Commission, the duration of cookies, the frequency of payment, and the minimum payment amount) at any time, and in our sole discretion, by posting a change notice or a new agreement on the Natium S.A. Website and sending you an e-mail notice that this has been done. The modification will be effective as of the date stated in the e-mail notice (which will be at least 7 days after the notice is sent), unless in the interim you exercise your right to terminate this Agreement.

10. Disclaimers and Limitations on Liability

10.1 EXCEPT AS EXPRESSLY STATED, Natium S.A. MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, REGARDING THIS AGREEMENT, THE PROGRAM, REVENUES YOU WILL RECEIVE FROM PARTICIPATION IN THE PROGRAM, PRODUCTS SOLD THROUGH THE PROGRAM, (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). Without limiting the foregoing, Natium S.A. specifically disclaims any warranty (i) that Natium S.A.'s SERVICES or use of Natium S.A.’s software, hardware or website will be uninterrupted or error-free; (II) that operation of Natium S.A.’s website or software will be uninterrupted or error free; (iii) that defects in Natium S.A.’S SOFTWARE will be corrected; (iV) that there are no viruses or other harmful components in Natium S.A. or data transmissions; (v) that the security methods used in providing services will be sufficient, or (vi) regarding correctness, accuracy or reliablity of software, hardware, internet connections, or data OF Natium S.A..

10.2 It is expressly agreed that notwithstanding any other provision of this Agreement, in the event of any claim, breach or purported breach of this Agreement by Natium S.A., the remedy shall be limited to equitable remedies and an action at law for money damages. Natium S.A. WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA ARISING UNDER THIS AGREEMENT OR THE PROGRAM, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF Natium S.A. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Natium S.A.’S aggregate liability arising with respect to this Agreement and the Program will not exceed the total Commissions paid or payable to you under this Agreement. YOU HEREBY waive any claims that these exclusions deprive You of an adequate remedy.

10.3 Neither Natium S.A. nor shall be liable to you for any delay or default hereunder to the extent due to any cause beyond its reasonable control. A "cause beyond the reasonable control" includes any act of God, act of any government authority, act of terrorism, labor dispute, fire, explosion, accident, power failure, epidemic, quarantine restrictions, flood, riot or declared or undeclared war, data loss due to hardware or software failure, and unusually severe weather conditions.

10.4 The disclaimers of warranties and limitations on damages stated in this Article 10 are an essential element of the benefit of the bargain reflected in this agreement.

11. Confidentiality.
In connection with the business relationship contemplated by this Agreement, you may receive or have access to commercially valuable technical and non-technical confidential or proprietary information ("Confidential Information") of Natium S.A. For convenience, the disclosing party is referred to as the “Discloser.” Confidential Information includes all information, whether oral or written, relating to the business or technology of the Discloser that is not generally known or available to others, including, without limitation, source code and documentation for software, trade secrets, pricing strategies, marketing and business plans, information submitted in Qualifying Orders and Commission reports, and the Discloser's contemplated plans, strategies and prospects. However, Confidential Information shall not include, or as the case may be, shall cease to include information that: (i) is now or subsequently becomes generally available to the public through no fault or breach on the part of Affiliate; (ii) Affiliate can demonstrate it had rightfully in its possession prior to disclosure by Discloser; (iii) is independently developed by Affiliate without the use of any Confidential Information of a Discloser; or (iv) Affiliate rightfully obtains from a third party who has the right to transfer or disclose it. Affiliate acknowledges and agrees that any Confidential Information received or obtained from a Discloser will be and remain the sole and exclusive property of the Discloser and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law. You agree to protect Confidential Information with substantially the same degree of care as that used to protect your own most confidential information.

12. Representations.
You represent and warrant that (i) Advertisements selected by Affiliate will be displayed in accordance with this Agreement and in a professional and tasteful manner, (ii) Affiliate will at all times comply with all laws and regulations applicable to the Affiliate Website and Affiliate’s performance under this Agreement, (iii) at all times, content appearing on the Affiliate Website will not violate or infringe upon the rights of any third party, or be libelous or illegal, (iv) all information submitted in your application to participate in the Program is true and not misleading in any respect, (v) you have not been terminated from any third party’s similar program for engaging in activity of a type prohibited by Section 6 of this Agreement, and (vi) you have full authority to submit Affiliate’s offer to enter into this Agreement, and to bind Affiliate to Agreement terms if Natium S.A. accepts the offer.

13. Miscellaneous.

13.1 The relationships created by this Agreement are nonexclusive, and each party remains free to enter into similar arrangements with third parties. Natium S.A. shall have no obligation to cross promote the Affiliate Website. No party will be considered as, or hold itself out to be, an agent of the other, and no party may act for or bind the other party in any dealings with a third party; rather, the parties are independent contractors.

13.2 You may not assign this Agreement without Natium S.A.’s prior written consent. This Agreement will benefit and bind the parties and their respective successors and assigns. You have independently evaluated the desirability of participating in the Program, and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement. This Agreement contains a complete statement of all arrangements between the parties relating to its subject matter, and supersedes all existing agreements between them on that subject matter. This agreement may not be changed orally. The failure of Natium S.A. to insist upon strict adherence to any term of this Agreement on any occasion will not be construed as a waiver or deprive it of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This agreement will be governed by and construed in accordance with the laws of the European Union. You agree that courts sitting in France will have sole jurisdiction over any disputes that arise under it. You consent to service of process by mail, and waive any objection that the agreed forum is inconvenient.

13.3 You agree to repay Commissions and to reimburse Natium S.A.’s expenses on fraudulent orders for which you are responsible. You agree to reimburse Natium S.A. for all costs and expenses, including reasonable hourly fees for time spent by our in-house attorneys and outside counsel to enforce our rights under this Agreement. Remedies stated in this agreement are cumulative, and not exclusive.

13.4 Notices required by this Agreement shall be in writing delivered by e-mail, and be effective upon delivery. When notice is owed to you, we will send it to the e-mail address specified in your Application, or of which you have then most recently notified us.

13.5 Your offer to enter into an agreement with Natium S.A. on the terms stated herein, as indicated by submitting your application, and if we accept your application, this Agreement will be binding on all parties.

We will advise you by e-mail of Natium S.A.’s decision to accept or reject your application. We are not required to give you the reasons for our decision. If we reject your application, you are welcome to reapply.

Copyright © 2008 Natium S.A. All rights reserved.