Terms of Sale

Terms of Sale

Last updated on: February 26, 2026

  1. 1. General Provisions

These General Terms and Conditions ("GTC") are issued by MediaConnect, a simplified joint stock company with a capital of €421,100, whose registered office is located at 11-13-15 place de la Bourse, 75002 Paris, France, registered with the Paris Trade and Companies Register under number 897 596 201, hereinafter referred to as "MediaConnect". MediaConnect is a company created jointly by Agence France-Presse (hereinafter referred to as "AFP") and Epresspack, to operate a Platform that (i) collects press releases and other multimedia communication content issued by public and private entities, in exchange for payment, and (ii) makes them available free of charge to Beneficiaries. MediaConnect also offers Clients who request it the option of having their press releases and other multimedia communication content produced by Factstory, AFP's subsidiary specializing in on-demand content production, and of having their press releases and other multimedia communication content (whether produced by themselves, by Factstory, or by third parties) distributed via AFP's distribution channels.

By accepting and countersigning the Quote sent by MediaConnect, the Client fully and unconditionally accepts these GTC. No special conditions other than those specified in the Quote may prevail over these GTC. Any condition contrary to the provisions of the Quote and these GTC shall be unenforceable unless expressly accepted by MediaConnect, regardless of how and when it may have been brought to MediaConnect’s attention.

The purpose of these GTC is to define the conditions under which MediaConnect provides the Client with the Services selected in the Quote, including, where applicable, as part of special projects commissioned to Factstory as defined in the Production Standard Brief and included in the Quote, it being specified that MediaConnect undertakes to ensure the successful completion of the Services chosen by the Client as specified and/or supplemented in the Quote. The Client and MediaConnect are individually referred to as the "Party" and collectively as the "Parties ."

 

  1. 2. Definitions

The terms below, whether used in the singular or plural form, have the following meanings in the GTC, the Quote and/or on the MediaConnect Platform, AFP Push Services and AFP Platforms, and more generally in the contractual relations between the Parties:

"START France" Services: refers to MediaConnect's commercial offer providing access to the Services listed in the Quote.

"START International" Services: refers to MediaConnect's commercial offer giving access to the Services listed in the Quote.

"ADVANCE France" Services: refers to MediaConnect's commercial offer giving access to the Services listed in the Quote.

"ADVANCE International" Services: refers to MediaConnect's commercial offer giving access to the Services listed in the Quote.

"AMPLIFY France" Services: refers to MediaConnect's commercial offer giving access to the Services listed in the Quote.

"AMPLIFY International" Services: refers to MediaConnect's commercial offer giving access to the Services listed in the Quote.

"PREMIUM" Services: refers to MediaConnect's commercial offer giving access to the Services listed in the Quote.

"PREMIUM 360°" Services: refers to MediaConnect's commercial offer giving access to the Services listed in the Quote.

Factstory Special Commissions: refers to MediaConnect's commercial offer for special projects which are delegated to Factstory for completion, giving access to the Services included in the Quote.

Calendar: refers to the calendar listing the Client's events.

MediaConnect Beneficiaries: refers, on the one hand, to i) journalists, information professionals, and influencers who subscribe to the MediaConnect Platform and therefore benefit from special features such as personalized alerts, favorites, access to streaming programs, and easy technical access to obtain accreditation for press conferences via the Calendar, and, on the other hand, (ii) the general public.

AFP beneficiaries: refers to (i) journalists and other professionals having subscribed to the AFP Platforms and AFP Push services and (ii) the general public with regard to the AFP Forum remote server.

Client: refers to the natural or legal person acting in a professional capacity, contracting for their professional needs only, who has signed the Quote.

Account: refers to all IT resources assigned to one or more Users, enabling access to the MediaConnect Platform and which can be used with a username and password.

Production Standard Brief: refers to all operational elements communicated by the Client to Factstory for the purpose of fulfilling Factstory Special Commissions.

Content(s): refers to all communication content belonging to the Client (whether produced by the Client, Factstory, or a third party) as provided for in the Quote and these GTC, which may be posted online on the Client's Digital Space and/or on the AFP Platforms and/or AFP Push services, depending on the Services selected.

Agreement: refers to this agreement between the Parties, consisting of the signed Quote, these GTC, the Personal Data Sub-Processing Agreement appended to these GTC, the Production Standard Brief, if applicable, and any other appendices.

Quote: refers to the document proposed by MediaConnect and signed by the Client, setting out the Services provided, MediaConnect's terms of payment, and the Term.

Contact Data: refers to data and/or information concerning journalists, information professionals, and influencers, used to benefit from certain Services.

Term: refers to the duration of the Agreement, as indicated in the Quote.

Digital Space: refers to the space containing all of the Client's Content posted on the MediaConnect Platform.

Reporting Team: refers to all professionals (including journalists, photographers, cameramen, technicians, editors, etc.) responsible for producing each Report under the authority of Factstory.

MediaConnect Platform: refers to MediaConnect's remote server allowing Clients to upload Content for the benefit of MediaConnect Beneficiaries, accessible at https://www.mediaconnect.com.

AFP platforms and AFP Push services: refers to AFP's distribution channels to its subscribers and the public; these channels include: (i) push deliveries via satellite and FTP, (ii) pull deliveries via the AFP Forum and AFP News remote servers, accessible respectively at https://www.afpforum.com and https://www.afpnews.com, and (iii) deliveries via API. 

Services: refers to the services and related services subscribed to by the Client and listed in the Quote.

Report(s): refers to either i) the reports consisting of a combination of text, photo, or video material produced by Factstory or, ii) each individual text, photo, or video report produced by Factstory.

Media Contact Database Service: refers to the database of journalists, information professionals, and influencers, regardless of whether they are subscribers to the MediaConnect Platform, based in France for the "Start France," "Advance France," "Amplify France" Services, and internationally for the "Start International", "Advance International", "Amplify International", "Premium" and "Premium 360°" Services.

Email distribution service: refers to the service enabling the sending of a specified number of emails to journalists, information professionals, and influencers, regardless of whetherthey are subscribers to the MediaConnect Platform, within the limits of the selection of categories and subcategories included in the Quote.

Content Visibility Statistics Service: refers to the services that allow the Client to access performance indicators, traffic analyses, media downloads, and email campaigns based on the Services provided for in the Quote (including Google Analytics services or other services similar to Google Analytics).

Publication Service: refers to services allowing the Client to access the MediaConnect Platform's "back office."

Territory: Worldwide.

User(s): natural person(s) benefiting from the Services at the Client's premises.

 

  1. 3. Ownership of the Platforms

The MediaConnect Platform, the AFP Platforms, and all features accessible via these Platforms are the exclusive property of MediaConnect, AFP, and/or their affiliates and partners and are protected by applicable intellectual property laws.  Any use of the Platforms for purposes other than the implementation of the Services as authorized by the Agreement is strictly prohibited.

 

  1. 4. Access to the MediaConnect Platform

The Client is granted login details that will enable them to activate their Account to access their Digital Space on the MediaConnect Platform. In order to activate their Account with multiple authorized accesses, the Client must choose personal and confidential access codes for each User.

The Client is solely responsible for maintaining the confidentiality of the login details for their Account and undertakes to ensure that each User respects the confidentiality of these login details. The Client is responsible for the use of their Account. Any connection or transmission of data made using their Account shall be deemed to have been made under their sole responsibility, unless proven otherwise.

It is also specified that the Client is responsible for the User's use of the Platform and Services. The Client undertakes to inform MediaConnect immediately of any unauthorized use of its Digital Space and/or loss or theft of its Users' access codes so that MediaConnect can take appropriate measures to remedy the situation without delay.

Unless formally objected to, the Client is nevertheless informed that certain authorized MediaConnect employees may log into its Account for support purposes. In this capacity, MediaConnect employees may simply view the information appearing on the Account or, in exceptional circumstances, act in "act as" mode to perform the same actions as the Client.

 

  1. 5. Access to AFP Platforms and Push Services

If the Quote so provides, the Content will be distributed on AFP Platforms and AFP Push Services for the duration and at the price indicated in the Quote.

MediaConnect will simultaneously distribute the Content "as is" via the AFP Platforms and via AFP Push services to AFP Beneficiaries who subscribe to Services including AFP services.

MediaConnect will distribute the Content via the AFP Platforms and via the AFP Push Services selected by the Client within 24 hours of receipt. The Content will be accessible on the AFP Platforms for up to two years after it is posted online.

AFP Push Services include:

  • AFP Satellite
  • AFP FTP
  • AFP API

AFP Platforms include:

  • AFP Forum
  • AFP News

The conditions relating to the distribution of Content on AFP Platforms and AFP Push Services are set out in Article 7. The Client agrees that AFP may mention its name on AFP Platforms and/or AFP Push Services for the purposes of such distribution.

 

  1. 6. Content produced by Factstory

Each request for a Report formalized in a Specification will be subject to a Quote. Each Specification must specify all the elements necessary for Factstory to produce the Report, including at least: (i) the event or subject to be covered, (ii) the duration of the Report, (iii) the location, (iv) the shooting dates, (v) the technical Production Standard Brief of the deliverable Content, and (vi) the delivery date. Each Quote countersigned by the Client shall form an integral part of the Agreement. Each Quote shall be drawn up on the basis of Factstory's pre-tax rates provided by MediaConnect at the Client's request.

Once the Production Standard Brief has been validated by MediaConnect with Factstory, and the corresponding Quote has been countersigned by the Client:

  1. a) Factstory will schedule the services so as to meet the deadlines specified in the Quote and/or the corresponding Production Standard Brief.
  2. b) Factstory shall inform the Client as soon as possible of any obstacle that may hinder the smooth running of a Service.
  3. c) Each Report shall be produced in accordance with the Production Standard Brief mentioned in the Production Standard Brief.
  4. d) MediaConnect, at Factstory's request, reserves the right to refuse to carry out a Report in the event of unforeseeable circumstances.

In the event of a contradiction between the terms of a Quote and the terms of the corresponding Production Standard Brief, the terms of the Quote shall prevail.

The Client undertakes to:

  1. a) provide Factstory with all the information necessary for the drafting of each Specification and the preparation of the Quote, and for the production of the corresponding Report;
  2. b) provide Factstory with the musical works that the Client wishes Factstory to include in each Report, where applicable;
  3. c) obtain in advance and maintain all authorizations necessary for the use of the Content;
  4. d) obtain the necessary accreditations for the filming of each Report, unless otherwise specified in the Production Standard Brief and/or the Quote;
  5. e) ensure compliance with applicable legislation, in particular that relating to advertising.

Subject to full payment by the Client, the flat-rate remuneration as mentioned in the countersigned Quote includes remuneration for the assignment to the Client of the intellectual property rights relating to the Content, as and when it is produced, including the exclusive right to use (reproduce, adapt, edit, translate into any language, archive, publish, broadcast, communicate to the public, distribute the Content, as is or in any derivative form, in isolation or within other text, multimedia, or audiovisual elements) the Content as many times as it deems useful, by any means, in any language and in any form whatsoever, including digital, by all present and future means of electronic communication, on all present and future electronic storage media, such as databases and online search engines, for the purposes of internal and/or external communication and/or promotion of the Client, provided that such uses do not generate revenue. In the event of advertising use of the Content with the purchase of advertising space, or in the event that the Client intends to generate revenue, the Client undertakes to contact MediaConnect in order to obtain prior written authorization and negotiate additional remuneration in good faith. The assignment of intellectual property rights is granted to the Client for the entire duration of the intellectual property protection as defined by French law and for the entire world. It is specified however, that the members of the Reporting Teams of each Report who may claim a moral right over the Content produced retain the benefit thereof.

The Client expressly agrees that Factstory may use the Content, directly or via AFP or its subsidiaries, (in particular the rights of reproduction, communication to the public, adaptation, and distribution), for the purpose of promoting Factstory's services and offerings. The Client agrees that Factstory may mention its name as a Factstory client in promotional materials for Factstory and its services, as well as on the website accessible at www.factstory.agency.fr, and on AFPForum and/or AFP News. This free authorization granted by the Client may be revoked by the latter by sending a registered letter to MediaConnect for this purpose.

The Client acknowledges that Factstory cannot obtain all the necessary authorizations from individuals, groups, entities, trademark and brand owners, or rights holders of works that appear in the Content and may be protected by proprietary rights, in particular intellectual property rights, including but not limited to image rights, or privacy rights. The Client is solely responsible and shall be responsible for obtaining in advance and maintaining, at its own expense, all necessary authorizations from the third parties concerned, including obtaining authorization and payment from authors (including publishers for musical works) from the relevant authors' societies and other collective management societies, where applicable.

The Client chooses, selects, and uses the Content, either as is or modified, under its sole and entire responsibility. In particular, any modifications to the soundtrack (musical works, phonograms, comments, interviews) that may accompany the Content are the sole responsibility of the Client. The Client undertakes to use the Content without infringing the rights of Factstory (or those from whom Factstory has obtained rights of use, where applicable), and not to distort the meaning of the Content or render the (otherwise non-contentious) Content defamatory, misleading, and/or in violation of the intellectual property rights or any other property right, right to privacy, or image rights of a third party. The Client also undertakes not to use the Content in a manner contrary to the laws and regulations in force in each country where it is used.

If the Quote so provides, the Content will be distributed in the Factstory section of AFPForum and AFP News and/or on AFP Push services, for the duration and at the price indicated in the Quote. The conditions relating to the distribution of Content on the MediaConnect Platform are set out in Article 7.

 

  1. 7. Use of Services

The Services chosen by the Client are set out in the Quote.

For the purposes of the Services described in the Agreement, MediaConnect grants the Client a non-exclusive, non-transferable and non-sublicensable license for the entire Term of the Agreement, allowing the Client to access the MediaConnect Platform and giving the Client the right to distribute its Content on the MediaConnect Platform and to benefit from the Services described in the Client's Quote, under the terms and conditions set out in the Agreement.

The Content will be accessible on the MediaConnect Platform for up to two years after it is posted online.

The User may post press releases directly to the Client's Digital Space and, if desired, import rich media content including photos, videos, PDF documents, streaming programs, live event programs, and a calendar listing the Client's events, in the formats required by the MediaConnect Platform, within the storage space provided for in the Services chosen by the Client in the Quote.

Beneficiaries having subscribed to the MediaConnect Platform will be able to access press conferences and programs streamed by the Client on the MediaConnect Platform.

The Client shall not acquire any ownership rights over the Contact Data resulting from the "Media Contact Database" Service or over its medium, whatever it may be (API or other), and expressly undertakes not to use this Data outside the Services and, in particular, not to: copy, modify, extract, distribute, export, or market it. Such Data shall remain the sole and exclusive property of MediaConnect and/or, where applicable, its suppliers, with the exception of Contact Data obtained from the Contact Import Service, which remains the property of the Client.

The Client grants MediaConnect, during the Term specified in the Agreement and within the Territory, a non-exclusive, transferable, and sublicensable license to use the Content, allowing MediaConnect and AFP, to the extent provided for in the Quote (and, where applicable, its/their distributors, partners, and subsidiaries), to distribute the Content on the AFP Platforms and AFP Push services, including the following rights:

  • to archive, host, adapt for technical reasons, reproduce, communicate to the public, and distribute the Content for the purposes of making it available on the MediaConnect Platform and/or the AFP Platforms and AFP Push Services;
  • distribute this Content under the conditions and within the limits provided for in the Agreement, in order to make it available to MediaConnect Beneficiaries and/or AFP Beneficiaries;
  • grant MediaConnect Beneficiaries and/or AFP Beneficiaries, with the exception in both cases of the general public, the right to archive, reproduce, publish, broadcast, communicate to the public, distribute the Content, as is or in a derivative form, adapt it, edit it, translate it, in isolation or within other elements, for the purposes of making it available in all of their publications, programs, products, and services without restriction, whether known today or developed in the future, worldwide, for the entire duration of intellectual property protection of the Content, as defined under French law, for any use, whether editorial or commercial.

This granting of rights does not entail the transfer of any intellectual property rights to MediaConnect and/or AFP other than set forth in the aforementioned license. The Client retains full and complete ownership of the Content that is made available on its Digital Space and distributed on the MediaConnect Platform and/or AFP Platforms and AFP Push services under its sole and entire responsibility.

The Client undertakes to deal with any third-party claims arising from the use of the Content distributed on the MediaConnect Platform and/or the AFP Platforms and Push Services and shall indemnify MediaConnect, AFP, its/their distributors, partners, subsidiaries, and all MediaConnect and AFP Beneficiaries for any damages that may result from such third-party claims.

 

  1. 8. Credit/Copyright/Logo/Disclaimer

The Client undertakes to include, where applicable, copyright and/or credit notices on each element of the Content, respecting the format and parameters defined in the Quote.

Each Party is the sole and exclusive owner of the rights to its name, trademarks, and logos.

The Client grants MediaConnect a non-exclusive, transferable, and sublicensable license to use its trademark for the entire lifetime of the Client's Digital Space and for the distribution of content on the MediaConnect Platform and AFP Push Platforms and Services.

The Client acknowledges that any Content distributed on the MediaConnect Platform, on AFP Push Services and on AFP Platforms will be accompanied by a short warning (in accordance with the model in Appendix 2) informing Beneficiaries that this Content is distributed as provided by the Client and under the sole and entire responsibility of the latter (and not that of MediaConnect and/or AFP).

 

  1. 9. Warranties

The Client warrants that it holds all intellectual property rights to the Content or that it has obtained all rights enabling it to use and make available the Content within the framework of the Agreement.

The Client shall be responsible for all authorizations and payments due to third parties or authors' societies and any collective management societies that may consider that they have rights to assert as a result of the distribution of the Content provided for in the Agreement.

The Client guarantees that the Content does not contain any information that may violate any legal or regulatory provisions, administrative or judicial decisions. In particular, the Client undertakes that the Content does not contain:

  • information subject to an embargo or distribution restriction resulting from a contractual commitment or a legal or regulatory provision;
  • false or misleading information, in particular regarding the nature or properties of the products and services concerned;
  • elements infringing the rights of third parties, in particular intellectual property rights, rights relating to know-how, trade secrets, confidential information, rights to exploit sports competitions or cultural events, personality rights or rights to personal data;
  • comments, writings, and/or images that may undermine public order, morality, respect for human beings or their dignity, equality between women and men, or the protection of children and adolescents;
  • statements, writings, and/or images encouraging the commission of crimes and offenses or the trade and consumption of prohibited substances, prostitution, pornography, terrorism, sexual assault, theft, suicide, violence, and deliberate damage or deterioration dangerous to persons;
  • comments, writings, and/or images that condone, deny, or question war crimes and/or crimes against humanity;
  • comments, writings, and/or images that encourage, contain, or aim to provoke discrimination, insults, hatred, or violence against a person or group of people, particularly on the basis of their origin, their membership or non-membership in an ethnic group, a particular nation, race, or religion, their disability, their political, trade union, or sexual preferences, or any other criterion or characteristic;
  • comments, writings, and/or images that may damage the image or reputation of a natural or legal person, a profession or a body, or the reputation of a brand, product, or service in any way;
  • false information or comments, allegations, accusations, montages, words and/or images that are inaccurate, misleading, manipulated or misappropriated, and in particular any information that could be considered misleading advertising or misleading business practice within the meaning of Articles L. 121-1 and L. 121-2 to 121-4 of the French Consumer Code or comparative advertising that does not comply with Articles L. 122-1, L. 122-2 and L. 433-11 of the Consumer Code, it being understood that it is the sole responsibility of the Client to verify the reliability of its sources, as well as the accuracy and sincerity of the Content.

The Client also undertakes to ensure that the Content published on the MediaConnect Platform and/or on the AFP Platforms complies at all times with the Charter in Appendix 3.

The Client undertakes that it and all of its affiliated companies, managers, employees, representatives, sub-contractors, and agents shall comply with the regulations applicable to them in terms of transparency and the prevention of corruption, in particular Law No. 2016-1691 of December 9, 2016, on transparency, the fight against corruption and the modernization of economic life, and shall refrain from any act punishable under the provisions of the Penal Code relating to the offenses of corruption and influence peddling, including Articles L. 445-1 to L. 445-4 of the Penal Code. The Client undertakes to keep accurate accounts in accordance with the generally accepted accounting principles in its country, in which all financial flows generated by the Agreement are recorded.

Client Content is distributed on the MediaConnect Platform and/or AFP Platforms as provided by the Client and under its sole and entire responsibility, with MediaConnect and/or AFP performing no control or verification of said Content. In the event that MediaConnect and/or AFP find or are informed that all or part of the Content violates legal or regulatory provisions or these GTC, MediaConnect and/or AFP may immediately suspend the distribution of all or part of the Content concerned.  The Client shall, at its own expense and without delay, make any necessary modifications to render the Content in question unobjectionable or, alternatively, permanently remove the Content in question from the MediaConnect Platform and/or AFP Platforms.

In the event of claims or legal proceedings brought by a third party against MediaConnect, AFP, its/their distributors, partners, subsidiaries, and/or any MediaConnect and AFP Beneficiaries (i) as a result of or in relation to the Content, in particular in the event of action, claim or dispute by third parties, or any legal action brought on the grounds of infringement, fraud, violation of any intellectual property rights or any other proprietary rights held by a third party, including but not limited to passing off and unfair competition and, more generally, any disturbance affecting the Content and the enjoyment of the rights granted under the Agreement, or (ii) on the grounds that the Client has breached any of the commitments or warranties made under this Agreement, the Client undertakes to intervene and defend MediaConnect, AFP, its/their distributors, partners, subsidiaries, and/or any MediaConnect and AFP Beneficiaries at its own expense, and shall indemnify and hold harmless MediaConnect, AFP, its/their distributors, partners, subsidiaries, and/or any MediaConnect and AFP Beneficiaries for all costs, fees, and damages that they may be ordered to pay. The Client undertakes to keep MediaConnect informed of any action or claim by third parties.

 

  1. 10. Personal data

The Parties undertake to comply with the provisions of applicable national and international regulations relating to the protection of personal data, in particular the French Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data (the "GDPR" or the "Regulation").

The Parties agree as follows:

  • In connection with (i) the hosting and dissemination of Personal Data (as defined in the GDPR) that may be incorporated by the Client into the Content, (ii) the use of Contact Import Services, and (iii) the opening of Platform Access Accounts by the Client, the Client acts as the data controller and MediaConnect and/or AFP acts as the data processor within the meaning of the Regulations. The Parties undertake to comply with the Personal Data Sub-Processing Agreement set out in Appendix 1 to the GTC for such processing.
  • Within the framework of the contractual relationship with the Client, MediaConnect and/or AFP may process, as data controller, the Client's Personal Data for the following purposes:

- to carry out operations relating to the management, monitoring, and verification of the proper performance of the Agreement: processing relating to orders, the distribution of Content, invoices, accounting, account management, etc.;

- carry out operations relating to its commercial relationship with the Client; offer the Client the opportunity to attend or participate in all types of events; put the Client in contact with other Clients or Beneficiaries; conduct satisfaction surveys; manage complaints; collect opinions, conduct studies, surveys and product tests; compile commercial statistics;

- verify compliance with applicable contractual obligations;

- manage any unpaid bills and disputes;

- respond to any requests from public authorities;

- combat all forms of fraud, including money laundering and terrorist financing;

- enable data subjects to exercise their rights as described below.

MediaConnect and/or AFP undertake to only retain the Personal Data collected for the period strictly necessary to achieve the purpose of the processing in accordance with the legal provisions in force. The information collected and processed by MediaConnect and/or AFP under the Agreement may be communicated to MediaConnect and/or AFP affiliates, as well as to its sub-contractors, partners, and suppliers. Data subjects have various rights under personal data protection legislation (including the right to access, rectify, and delete information concerning them), which may be exercised by sending an email to: privacy@mediaconnect.com, or by post to: MediaConnect 11-15, place de la Bourse 75002 Paris, accompanied by all supporting documents.

For more information on the processing of personal data by MediaConnect and/or AFP, the Client is invited to regularly consult the Personal Data Protection Charter, available at: https://mediaconnect.com/fr/charte-protection-donnees-personnelles/?lang=fr.

 

  1. 11. Content Visibility Statistics Service (Google Analytics or other similar service)

MediaConnect may use Google Analytics, or another service similar to Google Analytics, to provide the Client with statistics on the visibility of its Content on the MediaConnect Platform. It is specified that many of these services place cookies or other trackers on visitors' devices in order to operate, so that they mayperform these analyses, which require visitors’ consent. The Client acknowledges and accepts that, if the service chosen by MediaConnect requires such consent to the placement of cookies or trackers, the statistics transmitted to the Client will be limited to those relating to visitors who have given their prior consent.

 

  1. 12. Financial Terms

12.1 The remuneration excluding tax that the Client must pay to MediaConnect in return for the Services, as well as the terms of payment, are indicated in the Quote.

12.2 The remuneration indicated in the Quote is set according to the rates for services in effect on the date the Quote is signed.

12.3 In the event of late payment, MediaConnect reserves the right:

- to suspend all or part of the Services, subject to seven (7) calendar days' notice from the date of first presentation of a registered letter with acknowledgment of receipt, without any other formalities;

and/or

- to claim from the Client (i) a fixed compensation for recovery costs in the amount of forty (40) euros as indicated in Article D-441-5 of the French Commercial Code, as well as (ii) compensation equal to 1.5% per month of delay, applied to the amounts due as indicated on the invoice. These penalties shall be payable from the day following the payment date indicated on the invoice, without the need for a reminder, and shall not be subject to any upper limit.

 

  1. 13. Termination of the Agreement

13.1. In the event of a breach by one of the Parties of all or part of its contractual obligations, the other Party may send a registered letter with acknowledgment of receipt, stating the breach(es) observed and granting a period of fifteen (15) calendar days to remedy such breach(es). If this letter remains without effect within the said period, the Agreement shall be deemed to be terminated automatically with immediate effect, without prejudice to additional damages.

In the event of repeated breach(es) by the Client of all or part of its contractual obligations, MediaConnect reserves the right to immediately suspend all or part of the Services and access to the MediaConnect Platform and/or the AFP Push Platforms and Services, and/or to terminate the Agreement, without any other formality than that of informing the Client by registered letter with acknowledgment of receipt.  

In the event of termination due to a breach by the Client, MediaConnect shall not refund any sums already paid by the Client.  

13.2. MediaConnect may terminate the Agreement without notice and as of right by registered letter with acknowledgment of receipt, in the event of the termination or modification of Agreements signed with third parties by MediaConnect for a reason beyond MediaConnect's control, if these Agreements are necessary for the operation of the MediaConnect Platform and/or the implementation of the Services. As this is an external cause, the Parties agree that no compensation may be claimed in this respect.

13.3. In the event of expiration or termination of the Agreement for any reason whatsoever:

- MediaConnect shall under no circumstances be required to return the Content. The Client shall be solely responsible for backing up any Content it wishes to save before closing its Account.

- the Client must, as of that date, cease using the MediaConnect Platform, the AFP Platforms and the Services and Contact Data associated therewith and refrain from exporting them, except for Data that is the property of the Client;

- Unless the Client notifies MediaConnect of its objection at least one month in advance, the Content may remain online in the form of publicly accessible archives as broadcast during the term of the Agreement in its original form and context, on MediaConnect Platform and/or AFP Platforms, for the duration determined by MediaConnect.

 

  1. 14. Limitation of liability and indemnification

14.1. THE MEDIACONNECT PLATFORM AND THE AFP PUSH SERVICES AND PLATFORMS (INCLUDING ALL SERVICES AND FUNCTIONALITIES THEY OFFER) ARE PROVIDED "AS IS" AND MEDIACONNECT AND AFP EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY AND ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF QUIET ENJOYMENT.

ACCESS TO OR AVAILABILITY OF ALL OR PART OF THE MEDIACONNECT PLATFORMS, AFP AND AFP PUSH SERVICES AND CERTAIN OF THEIR FUNCTIONALITIES MAY BE INTERRUPTED OR SLOWED DOWN FOR REASONS BEYOND THE CONTROL OF MEDIACONNECT AND/OR AFP OR MODIFIED, SUSPENDED, INTERRUPTED OR RESTRICTED BY MEDIACONNECT AND/OR AFP AT ANY TIME. MEDIACONNECT AND AFP DO NOT WARRANT THAT THE MEDIACONNECT PLATFORMS, AFP, AND AFP PUSH SERVICES WILL BE AVAILABLE WITHOUT INTERRUPTION OR SLOWDOWNS, NOR THAT THEY WILL BE FREE OF ERRORS OR ANY SECURITY BREACHES DUE TO HACKING, INTRUSIONS, BUGS, VIRUSES, MALICIOUS SOFTWARE, ETC., THAT MAY AFFECT THE CLIENT'S HARDWARE, SOFTWARE OR DATA (INCLUDING CONTENT).

MEDIACONNECT AND AFP (INCLUDING THEIR OFFICERS AND EMPLOYEES) AND THEIR SUPPLIERS, PARTNERS, DISTRIBUTORS, AND AFFILIATES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO: MATERIAL, TANGIBLE, INTANGIBLE, DIRECT, INDIRECT) AND ON ANY BASIS WHATSOEVER (CONTRACTUAL, TORTIOUS OR OTHER) RESULTING FROM ANY ACCESS TO OR USE OF THE MEDIACONNECT PLATFORMS, AFP AND AFP PUSH SERVICES OR FROM ANY INABILITY TO ACCESS OR USE THEM.  

ANY REFERENCES TO THIRD-PARTY SITES ON THE MEDIACONNECT, AFP, AND AFP PUSH SERVICES PLATFORMS SHOULD IN NO WAY BE INTERPRETED AS AN ENDORSEMENT BY MEDIACONNECT AND/OR AFP OF THESE SITES OR THEIR CONTENT.

THE TOTAL LIABILITY OF MEDIACONNECT, FOR ITSELF AND FOR AFP AND FACTSTORY AND/OR THEIR SUPPLIERS, PARTNERS, DISTRIBUTORS AND AFFILIATES, WHETHER IN AGREEMENT, TORT OR OTHERWISE, RELATED TO ANY ACCESS TO OR USE OF ALL OR PART OF THE MEDIACONNECT PLATFORMS, AFP AND AFP PUSH SERVICES, CONTENT AND SERVICES (OR ANY INABILITY TO ACCESS OR USE THEM) SHALL IN NO EVENT EXCEED THE REMUNERATION PAID BY THE CLIENT TO MEDIACONNECT UNDER THE AGREEMENT.

EXCEPT IN CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, MEDIACONNECT, FACTSTORY AND AFP AND/OR THEIR PARTNERS, DISTRIBUTORS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT DAMAGES. INDIRECT DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OPPORTUNITIES, DAMAGE TO IMAGE OR REPUTATION (INCLUDING WHEN SUCH DAMAGES ARE SUFFERED BY THIRD PARTIES) IN CONNECTION WITH THE PERFORMANCE OF THE AGREEMENT.

14.2.   Subject to the provisions of Article 14.1, in the event of proven fault on the part of one of the Parties in relation to the Agreement, that Party shall compensate the other Party for any damages for which it has been found liable by an enforceable court decision rendered by a competent court in connection with the performance of the Agreement.

 

  1. 15. Confidentiality

The Parties undertake not to disclose to third parties the content of the Agreement, invoices, non-public information concerning the other Party, such as the rates applied, the prices paid, or any commercial or contractual information obtained in connection with this Agreement, except where required by law, by order of a court or administrative authority, or where necessary to defend themselves in court against the other Party or a third party.

Each Party undertakes to ensure that its employees and associates comply with this confidentiality obligation.

This confidentiality agreement shall remain in force for the entire duration of the Agreement and shall remain in force for a period of three (3) years after its termination for any reason whatsoever.

The Parties may refer to the existence of this Agreement as a commercial reference, in accordance with customary practice in this area.

 

  1. 16. Applicable law and jurisdiction

This Agreement and any dispute relating to it shall be governed by French law.

The courts within the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction, even in the event of third-party proceedings or multiple defendants.

 

  1. 17. Partial invalidity

In the event that a clause or provision of the Agreement is declared invalid by a court or other competent authority, only the clause or provision in question shall be invalidated, so as to reflect the intention of the Parties, with the remainder of the Agreement remaining valid. The Parties shall negotiate in good faith to draft a new clause or provision to replace the one declared invalid.

 

  1. 18. Miscellaneous

18.1 Entire Agreement / Modifications / Waiver

The Agreement expresses the entirety of the contractual obligations of the Parties relating to its subject matter. It cancels and replaces any oral or written agreement and any correspondence prior to the effective date of the Agreement and relating to the subject matter thereof.

Any amendment to the Agreement may only be made by the signing of a written document by a legal representative of each of the Parties.

Any failure or delay by either Party to enforce or avail itself of one or more provisions of this Agreement shall not be construed as a waiver by that Party of its right to do so at a later date.

18.2 Assignment

This Agreement is binding on the Parties and shall be enforceable against their legal representatives, successors, and assigns. The Agreement may not be assigned in whole or in part, whether free of charge or for consideration, to a third party by one Party without the prior written consent of the other Party.

18.3 Survival clause

All clauses of this Agreement which, by their nature, are intended to continue or apply after the Agreement has expired (in particular, but without limitation, Articles 3, 6, 7, 8, 9, 10, 13.3, 14, 15, 16 and 18.3) and all clauses necessary for their interpretation and implementation shall survive the termination of this Agreement for any reason whatsoever.

 

Appendix 1: Personal Data Sub-Processing Agreement

This Personal Data sub-processing agreement (hereinafter, the "Data Processing Agreement") defines the respective obligations of the Parties in connection with the processing of Personal Data resulting from the Services provided under the Agreement, in accordance with the French Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of Personal Data (the "GDPR" or the "Regulation").

 

ARTICLE 1.          DEFINITIONS

The terms used in this document that are not defined in the Agreement are defined in Article 4 - "Definitions" of the GDPR. Other capitalized terms are defined in the Agreement signed by the Parties.

 

ARTICLE 2.          PURPOSE

The purpose of this Data Processing Agreement is to define the conditions under which MediaConnect (as Sub-Processor) performs on behalf of the Client (as Data Controller) the Personal Data Processing operations defined below, which are carried out within the framework of the Services defined in the Agreement. This Data Processing Agreement forms an integral part of the Agreement and shall remain in force until its termination and/or expiry.

 

ARTICLE 3.          DESCRIPTION OF THE PROCESSING PERFORMED BY MEDIACONNECT

MediaConnect undertakes to process Personal Data solely within the framework of the Services defined in the Agreement and in accordance with the terms and conditions defined below. It is specified that these processing operations may be supplemented and updated throughout the term of the Agreement and this Data Processing Agreement, any modification being subject to the written agreement of the Parties.

Processing 1: Hosting and dissemination of Personal Data that may be included by the Client in the Content.

Purpose: provision of distribution and hosting Services as provided for in the Agreement.

Categories of Data Subjects: any person who may be named and/or represented (photo/video) by the Client in the Content.

Personal Data processed: any data that may be included by the Client in the Content.

Retention period: this data is retained indefinitely, unless otherwise requested by the Client.

Processing 2: User accounts

Purpose: management of the Platform's User Accounts at the Client's request.

Categories of Data Subjects: employees of the Data Controller authorized to use the Platform.

Personal data processed: surname, first name, email address, position/title within the company, telephone number, rights granted.

Retention period: the period during which the employee concerned has access to the Platform.

It is acknowledged that MediaConnect may also act as Data Processor in the context of user account management and, as such, the retention period for the personal data processed may differ. These periods are specified in the Personal Data Protection Charter.

Processing 3: Client contacts in the context of the contact import service            

Purpose: to enable the Client to build their own contact database on the Platform in order to distribute Content.

Categories of Data Subjects: journalists/freelancers/bloggers/influencers

Personal data processed: email address

Retention period: deletion by the Client at any time or at the end of the Agreement.

 

ARTICLE 4.          COMMITMENTS OF THE PARTIES

4.1         Commitments of the Data Controller

  1. The Data Controller remains solely responsible for the Processing, insofar as it determines the purposes and means thereof. MediaConnect acts solely as a Sub-Processor within the meaning of the Regulation.
  2. The Data Controller shall be responsible for all mandatory formalities relating to the processing of personal data carried out under this Agreement. MediaConnect shall not be held liable in this regard.
  3. It is the responsibility of the Data Controller to provide, prior to the collection of Personal Data, information to the Data Subjects relating to the Processing operations carried out under this Agreement and, where applicable, to obtain their consent, in accordance with the Regulation in force.
  4. The Data Controller undertakes to provide MediaConnect with precise instructions and procedures regarding the Processing that MediaConnect is to carry out on its behalf. Any Processing or procedures additional to those defined in this Data Processing Agreement must be clear, understandable, documented, and comply with the Regulation. They shall also be the subject of a written agreement between the Parties.
  5. The Data Controller shall grant MediaConnect a reasonable period of time to comply with a request for new Processing or new Processing methods, and shall assist MediaConnect in their implementation if necessary.
  6. The Data Controller shall respond to any request or complaint from any third party, in particular any natural person concerned by Processing, the Supervisory Authority, or any other competent authority. MediaConnect shall assist the Data Controller, if necessary, in responding to such requests.

4.2         MediaConnect's commitments

  1. MediaConnect undertakes, on its own behalf and on behalf of any person under its authority (regardless of their status), to process Personal Data solely within the framework of the Services and in accordance with the terms and conditions set out in this Data Processing Agreement.
  2. MediaConnect shall respond to reasonable and justified requests from the Data Controller regarding compliance with the legal requirements relating to the protection of Personal Data incumbent upon the latter.
  3. MediaConnect undertakes to guarantee the confidentiality of Personal Data processed under this Data Processing Agreement. As such, MediaConnect staff shall be subject to a confidentiality obligation.
  4. MediaConnect undertakes to implement technical and organizational measures in line with market standards in order to guarantee a level of security appropriate to the risks presented by the processing of Personal Data carried out within the framework of the Services.
  5. MediaConnect undertakes to provide the Data Controller with the name and contact details of its Data Protection Officer, if it has appointed one in accordance with the Regulation in force.
  6. In the event of termination of the contractual relationship for any reason whatsoever, MediaConnect undertakes, at the request of the Data Controller, to return all Personal Data processed, in a standard format, within a maximum period of one (1) month from the request, provided that the Data Controller's request is made no later than fifteen (15) days after the end of the contractual relationship between the Parties. However, MediaConnect may re-invoice the Data Controller for these services if it uses a third-party service provider for them, and/or invoice them on a time-spent basis if the recovery of the Personal Data involves a substantial amount of work for its own staff.

At the end of this period, MediaConnect shall destroy all hosted Personal Data and all existing copies. Once destroyed, MediaConnect shall confirm this destruction in writing if requested to do so by the Data Controller.

MediaConnect undertakes to implement the appropriate means to ensure complete reversibility, whether for the benefit of the Data Controller or any other service provider that may replace the Data Controller. The Data Controller shall actively collaborate with MediaConnect to this end.

As the services related to reversibility may be provided after the termination of the contractual relationship, the Parties agree that this clause shall survive the termination of the Agreement for any reason whatsoever.

 

ARTICLE 5.          DATA TRANSFER

MediaConnect may transfer Personal Data processed in connection with the Services to countries within the European Union without the prior consent of the Data Controller. MediaConnect may also transfer Personal Data processed in connection with the Services to countries outside the European Union without the prior consent of the Data Controller, provided that appropriate safeguards are put in place, such as the conclusion of the European Commission's standard contractual clauses.

 

ARTICLE 6.          SUB-PROCESSING

MediaConnect undertakes to seek the prior written and specific consent of the Data Controller in the event of assignment of another sub-processor (hereinafter "the Sub-processor") whose mission would consist of performing all or part of the sub-processing mission incumbent upon MediaConnect.            

Notwithstanding the previous paragraph, the Data Controller hereby agrees that MediaConnect may sub-contract all or part of the Processing listed in Appendix 1 to:

-             its Affiliates (meaning any legal entity that MediaConnect owns, that owns MediaConnect, or that is jointly owned with MediaConnect; "Ownership" meaning, for the purposes of this Agreement, control of more than 50% of the shares of an entity);

-             the company Epresspack, which develops and maintains the Platform.

 

ARTICLE 7.          AUDITS AND CONTROLS

MediaConnect shall, upon reasonable request by the Data Controller and in accordance with existing customs and practices, provide evidence of compliance with its obligations under this Agreement.

Furthermore, upon written request from the Data Controller and with MediaConnect's agreement, the Data Controller may, at least thirty (30) days after MediaConnect's agreement, carry out or have carried out, at most once (1) every eighteen (18) months, at its sole expense, by any auditor chosen by mutual agreement, either a remote audit via a platform accessible remotely by the Data Controller, or an on-site audit on a date set by MediaConnect to verify compliance with MediaConnect's obligations under the Data Processing Agreement.

 

ARTICLE 8.          RIGHT OF INFORMATION OF DATA SUBJECTS

The Data Controller undertakes, in accordance with the Regulation in force, to inform the Data Subjects concerned by the Processing operations prior to the collection of Personal Data and to obtain their consent, where applicable.

 

ARTICLE 9.          EXERCISE OF INDIVIDUAL RIGHTS

MediaConnect will make every effort to ensure that Data Subjects whose Personal Data is collected in connection with the Services can exercise their rights under the Regulation. When Data Subjects submit requests to exercise their rights to MediaConnect, the latter will forward these requests by email to the Data Controller as soon as possible.

 

ARTICLE 10.       NOTIFICATION OF PERSONAL DATA BREACHES AND ASSISTANCE IN THE EVENT OF A COMPLAINT OR INSPECTION

MediaConnect shall notify the Data Controller as soon as possible of any security breach that has a direct or indirect impact on the Processing.

MediaConnect shall forward to the Data Controller, as soon as possible, any request, complaint, or other notification addressed to it by any individual or competent authority concerning Processing carried out within the framework of the Agreement. MediaConnect shall provide the Data Controller with all the information in its possession to enable it to respond to the request, complaint, or notification.

MediaConnect shall provide the Data Controller as soon as possible, and within a maximum of 48 hours of becoming aware of the personal data breach, with the following information:

-             The nature of the incident;

-             If possible, the categories and approximate number of Personal Data records concerned;

-             A description of the likely consequences of the Personal Data breach; A description of the measures taken or proposed by MediaConnect to address the Personal Data breach, including, where appropriate, measures to mitigate any possible adverse effects;

-             The name of the contact person at MediaConnect.

If it is not possible to provide all the information at the same time, the information may be provided in stages without undue delay.

Where applicable, MediaConnect undertakes to cooperate with and assist the Data Controller in notifying the competent authorities and/or Data Subjects of security breaches.

 

ARTICLE 11.       FATE OF PERSONAL DATA

Within two (2) months of the end of the Agreement, MediaConnect shall, depending on the nature of each Processing and in accordance with the provisions of Article 3, either:

-             Destroy all Personal Data concerned,

-             Transmit the Personal Data concerned to the Data Controller, or

-             Transmit the Personal Data concerned to the third-party processor designated by the Data Controller.

The transfer must be accompanied by the destruction of all existing copies in MediaConnect's information systems. Once destroyed, MediaConnect must provide written proof of the destruction, if requested to do so by the Data Controller.

As an exception to the above, the Client's Content, including any Personal Data that may be included therein by the Client, will not be deleted at the end of the Agreement and will remain available for an indefinite period, unless otherwise requested by the Client.  

 

Appendix 2 - Format and language for disclaimers

  • Français:

Avertissement :

Ce document n’est ni produit ni validé par l’AFP.

Bien que distribué par MediaConnect, son émetteur demeure seul responsable de son contenu.

Sa reproduction est autorisée en contexte sans dénaturation.

Pour toute question le concernant, veuillez contacter son émetteur.

  • English:

Disclaimer:

This document is neither produced nor endorsed by AFP.

Although distributed by MediaConnect, its issuer remains solely responsible for its content.

Its reproduction is authorized in context without any distortion of content.

If you have any questions about this document, please contact its issuer.

 

Appendix 3 – Charter

MediaConnect Wire Distribution Charter

MediaConnect Wire Distribution connects issuers of press releases and corporate communications, such as businesses, institutions, and other stakeholders, with AFP's unparalleled global network of media and non-media clients. The agency distributes content in six languages, and in text, photo and video formats.  Issuers’ content is produced and published under their sole responsibility and is not endorsed by MediaConnect or AFP. As such, the content that is distributed via this Distribution Wire Service, while allowing brand recognition, must adhere to the guiding principles that make AFP a trusted and respected information source.

Signing an Agreement with MediaConnect does not entail any obligation on AFP's part to provide coverage of this content in AFP's editorial production. AFP will provide independent and impartial coverage of such content only upon editorial merit.

Here are eight guiding principles that should be respected when providing content to be carried by the MediaConnect Wire Distribution service:

  1. Content must be clearly labeled with the issuer's brand to avoid any confusion that it is being created or promoted by AFP.
  2. Content must be accurate and not contain disinformation or material that could mislead the public.
  3. Content must not contain advertising for political or trade union candidates for electoral mandates.
  4. Content must not contain AI-generated, AI-modified, or otherwise fabricated or manipulated photos or videos that purport to depict real people, situations, or events. In other cases, where the content is not misleading, the use of AI is permitted, provided the content carries a prominent notice stating that the image is AI-generated.
  5. Content must respect third-party rights, including intellectual property (such as trade secrets and know-how), privacy rights, publicity rights, and individuals' rights over their personal data. Additionally, content must not be defamatory or harmful to the reputation of a third party.
  6. Content must not contain any information that may constitute a health or safety hazard, such as unfounded claims about vaccines, etc.
  7. Content must not contain any material that is offensive to individuals or groups based on gender, religion, sexual orientation, nationality, race, or ethnicity. It must not promote hate speech, incite violence or social unrest, or violate any applicable laws and regulations (including but not limited to competition, financial markets, or health regulations) or court or administrative orders.
  8. Content shall not contain purely price-based promotions (such as sales or campaigns such as “Black Friday”) but instead provide substantive informational value to recipient newsrooms.

AFP reserves the right to decline to distribute content that may not comply with the principles laid out in this charter.