A. Privacy Policy

A.1 Scope and information collected

This policy describes how Groupe Yellow Inc. (“Yellow,” “we” or “us”) handles personal information in connection with www.yellowshoes.com, orders and related services. Additional notices may apply to a contest, application or specific program.

Depending on your interactions with Yellow, we collect information you provide, including your name, contact details, billing and shipping addresses, order information, customer service communications and stated preferences. If you submit an application or participate in a promotion, we also collect the information needed to process it.

When you visit the website, technical information may be collected, including your IP address, browser, device and interactions with the website. Collection and use depend on the features used, your privacy choices and applicable rules.

A.2 Use of information

We use the information needed for the following purposes:

• Process orders, payments, deliveries, returns and service requests.
• Manage accounts and respond to questions.
• Prevent fraud, protect systems and verify transactions.
• Administer applications, contests, promotions and programs in which you participate.
• Understand website use and improve services, subject to required consent.
• Send promotional communications when we have consent or another authorization provided by law.
• Meet our legal, accounting and regulatory obligations.

We limit collection to information necessary for the identified purposes. Any new use requiring separate consent is presented to you before it is implemented.

A.3 Consent and choices

Where consent is required, we request it clearly and for specific purposes. Visiting the website or making a purchase does not, by itself, constitute consent to all promotional uses or tracking technologies.

You may withdraw consent to optional uses by contacting us. Withdrawal does not undo processing already carried out lawfully or prevent retention or use necessary to meet a legal obligation. If your request prevents us from providing a service you requested, we will explain the consequences.

You may unsubscribe from promotional emails using the link in each email. Instructions for text messages appear in Part B. Communications necessary for an order remain separate from promotional communications.

A.4 Cookies and tracking technologies

The website uses cookies and may use similar technologies to operate, remember certain preferences, measure traffic and, where permitted, personalize content or advertising.

Necessary cookies support the shopping cart, security and essential functions. Optional analytics or advertising tools are subject to applicable choices and consent. Where features allow us to identify or locate you or carry out profiling, we inform you of their use and how to activate them in accordance with the law.

You may also manage cookies through your browser settings. Blocking them may limit certain functions. Browser settings do not replace consent mechanisms that Yellow is legally required to provide.

A.5 Shopify and other service providers

Our store uses the Shopify platform. We may share necessary information with service providers that assist with hosting, payments, delivery, customer service, communications, analytics and program administration.

Providers acting on our behalf must process information for authorized purposes and apply appropriate safeguards. Certain third-party services, including payment solutions you select, also have their own terms and policies, which are presented when you use them.

Payments are processed through the relevant providers. Do not email a complete payment card number or security code to customer service.

A.6 Processing outside Quebec

Some providers may process or store information outside Quebec or Canada. Information may then be subject to the laws of the relevant jurisdiction, including access by competent authorities.

Before communicating information outside Quebec, Yellow must carry out required assessments and implement contractual safeguards and other legally required measures. Mentioning a disclosure in this policy does not, on its own, authorize it.

A.7 Other authorized disclosures

Information may be disclosed where the law permits or requires it, including to respond to a valid legal request, prevent fraud or exercise or defend a right. An alleged breach of the website terms does not, by itself, provide general authorization to disclose your information.

In a merger, acquisition or other business transaction, any disclosure must comply with the conditions, limits and safeguards established by applicable law.

A.8 Retention and security

Information is kept for as long as necessary for the purposes for which it was collected, subject to legal retention requirements. When it is no longer needed, it is destroyed or anonymized under the conditions permitted by law.

We take reasonable security measures appropriate to the sensitivity, volume and use of the information. Access must be limited to people who need it for their duties. No system can guarantee absolute security.

If a confidentiality incident occurs, Yellow must take legally required measures, including assessing risks, limiting consequences and notifying affected people and authorities where the legal criteria are met.

A.9 Your rights and requests

Subject to legal conditions and exceptions, you may request access to your information, correction, withdrawal of consent and, where applicable, communication of certain computerized information in a structured, commonly used format. Other rights may also apply, including cessation of dissemination or de-indexing in circumstances provided by law.

Send your written request to the contact listed at the end of this page, specifying “Personal Information Protection.” We may verify your identity in a manner proportionate to the request. We will respond within the time required by law and explain any refusal and available remedies.

You may also file a complaint with Quebec’s Commission d’accès à l’information or the competent authority.

A.10 Information about minors

The website is not intended to collect personal information directly from children under 14. Where consent from the holder of parental authority or a tutor is required, it must be obtained, subject to legal exceptions. Contact us if you believe a child has provided information without the required authorization.

Information supplied by an adult purchasing a product for a child should not include more information about the child than necessary.

A.11 Policy changes

We may update this policy to reflect our practices and applicable requirements. The update date appears on this page. Material changes are communicated through an appropriate notice, and new consent is requested where required. A change does not retroactively authorize a use for which required consent was not obtained.

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B. Text Messaging Service

B.1 Voluntary enrolment

The Groupe Yellow Inc. text messaging service allows you to receive communications at the mobile number you provide. Enrolment in promotional messages is optional and is not a condition of purchase.

When you enrol, you agree to receive the message categories described in the consent form, which may include offers, new arrivals and cart reminders. Automated tools may be used. Order updates and service messages are handled according to their purpose and the applicable authorizations.

You must provide a valid number that you are authorized to use. If your number changes or you no longer control it, please inform us and update your enrolment.

B.2 Frequency and charges

Message frequency varies. Yellow does not charge for enrolment. Your telecommunications provider may apply messaging or data charges under your plan.

B.3 Unsubscribing

To unsubscribe, reply STOP to a program message or use the unsubscribe link where provided. You may also request removal at serviceclient@yellow.qc.ca.

A confirmation message may be sent. Opt-out requests are processed within the legally prescribed time. Please specify if you wish to stop several categories of communications so we can apply your choice to all of them.

B.4 Help and availability

For help, reply HELP to a message where that function is offered, or email serviceclient@yellow.qc.ca. Use the sending number shown in the program’s current messages.

Delivery depends on factors including your device, provider and network. Delays or interruptions may occur. For an urgent order question, contact customer service directly.

B.5 Changes and privacy

We may change or end the service, subject to applicable notices and obligations. A change in sending number does not relieve us of the obligation to process unsubscribe requests received through the methods made available to you.

Information associated with the service is handled under Part A. A change to these terms does not constitute consent to new message categories where separate consent is required.

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C. Website Terms of Use

C.1 Operator and scope

The website www.yellowshoes.com is operated by Groupe Yellow Inc. in Montreal, Quebec. These terms govern its use. Part D governs online purchases, and Part E applies only to people who join the Creator Program.

Use of the website must comply with applicable terms and laws. Nothing on this page limits any right that you cannot legally waive.

C.2 Accounts and legal capacity

You must provide accurate information and protect your account access credentials. Promptly report unauthorized use. You are responsible for your own activities; this provision does not automatically make you responsible for fraud or a security failure attributable to Yellow.

To place an order, you must have the required legal capacity or act with appropriate authorization from your parent or tutor. Privacy rules concerning children appear in Part A.

C.3 Permitted and prohibited uses

You may browse the website and keep copies of pages for personal use, including order documents, while respecting intellectual property notices.

You must not:

• Compromise website security or attempt to access an account or data without authorization.
• Introduce malicious software, disrupt services or bypass access controls.
• Use false identities, commit fraud or transmit misleading information.
• Publish unlawful, defamatory, hateful or infringing content.
• Reproduce or commercially exploit content, extract data in bulk or use Yellow’s trademarks without authorization, except as permitted by law.

Specific permissions granted to creators remain governed by Part E and their campaign agreements.

C.4 Intellectual property and links

Website text, photographs, illustrations, logos, videos and other materials belong to Yellow or their respective owners. Viewing them does not transfer ownership rights to you.

You may share a link to a public page without suggesting a nonexistent affiliation or endorsement. Framing the website, impersonating an official account and misleading use of our trademarks are prohibited.

C.5 Reviews, comments and submitted content

Published reviews must reflect a real experience and respect others’ rights. By submitting a review for publication, you authorize Yellow to display it and adapt its format for the website without changing its meaning. Broader advertising reuse must be supported by appropriate authorization.

This permission does not make your private customer service exchanges, order information or other personal information public. That information remains subject to Part A.

Yellow may moderate content that is unlawful, fraudulent, off-topic or contains inappropriate personal information. A review should not be removed merely because it expresses honest criticism.

C.6 Third-party services and websites

Some links lead to external services. Review their terms before using them. Yellow does not control all their content or practices; this does not reduce Yellow’s obligations concerning providers it uses to deliver its own services.

C.7 Website operation and security

We aim to maintain an accessible website and accurate information. Maintenance, interruptions or errors may nevertheless occur. Rules for correcting an error affecting an order appear in Part D.

We may perform technical checks necessary for website security in accordance with Part A. Avoid sending sensitive information through a channel not intended for that purpose.

C.8 Access restrictions

Yellow may restrict access in cases of misuse, fraud reasonably suspected on supported grounds, security breaches or violations of these terms. Measures must be proportionate and do not remove your rights concerning orders, payments or personal information.

C.9 Liability and remedies

Each party remains liable under applicable law. These terms do not exclude Yellow’s liability for its own fault where such exclusion is prohibited, legal warranties or consumer remedies. They also do not exclude liability for intentional or gross fault or for bodily or moral injury where such liability cannot be limited.

Discontinuing website use is not your sole remedy. You retain the right to contact competent authorities and courts.

C.10 Governing law and general provisions

These terms are governed by Quebec law and applicable federal Canadian law, subject to mandatory protections applicable to you in your province or territory. Legal rules determine the competent court. This page imposes neither mandatory pre-dispute arbitration nor a general waiver of class actions.

We invite you to contact us to resolve a difficulty. Doing so is not a prerequisite to exercising a remedy and does not extend a legal time limit.

An invalid provision may be set aside without invalidating the others, to the extent permitted by law. Failure to exercise a right is not a waiver. No assignment may remove your mandatory rights or release Yellow from its obligations contrary to law.

C.11 Changes and language

Changes apply prospectively after required notices and formalities. They do not retroactively change the terms of an existing purchase. Express acceptance must be obtained where required.

This is the English version of the terms originally drafted in French. Where another language version is offered, language choice and delivery of the contract must meet applicable requirements. Simply viewing a translation does not waive your language rights.

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D. Online Terms of Sale

D.1 Scope

This part applies to purchases from Groupe Yellow Inc. on www.yellowshoes.com. The website serves customers in Canada, with delivery only to eligible Canadian addresses. Store or marketplace purchases may have channel-specific terms, subject to applicable law.

D.2 Products and availability

Descriptions, photographs, sizes and colours aim to represent products accurately. Screen rendering may vary; this does not limit our obligation to deliver a product that matches its description.

Availability may change between your website visit and order processing. If an ordered item is unavailable, we inform you and propose an appropriate solution, including a refund. A substitution, price change or new delivery time requiring your agreement will not be imposed unilaterally.

D.3 Prices, taxes and promotions

Prices are in Canadian dollars. Applicable taxes and permitted delivery charges are presented before order confirmation. The total payable must be clearly communicated.

Prices may change for future purchases. A price change does not retroactively alter an existing contract. Promotions are subject to the dates, products, thresholds, codes and combination rules stated in the offer.

If an error occurs, Yellow informs you and respects applicable obligations and remedies. A pricing error does not give Yellow a general right to cancel an existing order. No increase will be charged without your agreement.

D.4 Orders and confirmation

Before submitting your order, you may review the products, quantities, contact details, prices and charges and correct errors. An electronic confirmation is sent after ordering; keep it with the terms applicable to your purchase.

Contract formation is determined by applicable law. Nothing on this page artificially delays formation or systematically turns a distance sale into a mere non-binding request to Yellow.

Contract documents are provided in the forms and within the times required. An acknowledgement, payment confirmation and shipping notice may correspond to different processing stages.

D.5 Payment

Available payment methods are presented at checkout. You must be authorized to use your chosen method. Payment may be subject to provider checks and financial institution authorization.

If you select an instalment payment solution or another third-party financial service, review its separate terms before accepting. These terms do not replace that agreement or reduce your rights against Yellow.

D.6 Cancellation or changes

Contact us promptly if you wish to change or cancel an order. A request may no longer be technically feasible once preparation or shipping has progressed; this does not limit your statutory cancellation, rescission or refund rights.

Yellow may take legally permitted measures where payment is declined, fraud is established or reasonably suspected, or delivery is impossible. If Yellow cancels an order or item and holds a corresponding payment, amounts owed are refunded under applicable rules. Partial cancellation results in appropriate adjustments to taxes and charges.

D.7 Delivery

Eligible destinations, options, charges and delivery restrictions are presented in the shipping policy and at checkout. Free shipping offers may have geographic exclusions specified in the offer.

We deliver to the address provided. Check its accuracy and promptly communicate changes. Stated delivery times must be interpreted consistently with rights and obligations applicable to distance contracts; describing them as estimates does not remove your remedies for delay.

If an order is not delivered, is damaged or has another issue, contact us with your order number. Yellow assists with necessary carrier inquiries. Handing a parcel to a carrier is not sufficient to transfer all risk of loss to the consumer or discharge Yellow’s delivery obligation.

D.8 Returns, exchanges and refunds

The return policy presented at purchase specifies time limits, required item condition, return methods, potential charges and exclusions applicable to discretionary returns. Customer service can provide instructions.

These commercial terms supplement statutory rights. A “final sale” label, expired commercial return period or missing original packaging does not automatically eliminate a remedy for a defect, nonconformity or other legal breach.

Refunds are issued under the terms applicable to your circumstances. Return costs for a defective or nonconforming item are handled according to legal obligations, not automatically as a discretionary return.

D.9 Legal warranties

Products benefit from warranties established by applicable law. In Quebec, these include normal use, reasonable durability considering the price, contract and conditions of use, and conformity with applicable descriptions and representations.

These warranties exist without purchasing additional coverage. A manufacturer’s warranty does not replace Yellow’s legal obligations. Contact us if you discover a problem and keep proof of purchase, without prejudice to other legally permitted evidence.

D.10 Your remedies and applicable documents

You retain cancellation, refund, chargeback and other statutory remedies where their conditions are met. These terms impose no automatic liability cap limited to the product price and no general exclusion of warranties.

Offer, delivery and return terms presented before purchase supplement this part. They cannot override mandatory provisions. Creator Program terms do not apply to a customer merely because the customer uses an affiliate code.

Sections C.9 to C.11 on liability, governing law, language and changes also apply to sales, subject to this part’s specific provisions and applicable law.

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E. Yellow Creator Program

These terms govern applications to and participation in the Yellow Creator Program, which combines Yellow’s ambassador and affiliate initiatives. By submitting an application, accepting an invitation through Shopify Collabs or participating in the Program, you confirm that you have read and accepted these terms.

E.1 Parties and scope

The Program is operated by Groupe Yellow Inc., doing business as Yellow Shoes, referred to as “Yellow,” “we,” “us” or “our.” An accepted participant is referred to as the “Creator” or “you.” These terms, the specific program terms displayed in Shopify Collabs and any separate written campaign agreement you accept form the agreement governing the Program.

If there is a conflict, a signed campaign agreement controls for that campaign, followed by the specific terms displayed in Shopify Collabs, followed by these terms.

E.2 Eligibility and enrolment

To participate, you must reside in Canada, have reached the age of majority in your province or territory of residence, be legally able to enter into this agreement and provide complete and accurate information. Employees of Yellow and its affiliated companies are not eligible unless Yellow provides written authorization.

All applications are subject to Yellow’s approval. Applying does not guarantee acceptance. Yellow may accept, reject, suspend or end participation in accordance with these terms. You must keep your account information current and promptly inform Yellow of any material change affecting your eligibility, platforms or payment information.

E.3 Definitions

“Code” means the personalized promotional code assigned to the Creator. “Creator Platform” means any account, website or channel owned or controlled by the Creator. “Link” means the personalized tracking link supplied to the Creator. “Program Content” means any content published or submitted in connection with the Program, including a post, video, story, livestream, photograph, text, review or blog. “Qualifying Sale” has the meaning provided in section E.6.

E.4 Program offer

Subject to these terms and the terms displayed in Shopify Collabs:

• the Creator earns a commission equal to 5% of the eligible net amount of each Qualifying Sale;
• the Code gives the Creator’s audience 10% off an eligible order;
• the Link and Code direct customers to www.yellowshoes.com;
• the attribution window is 90 days, subject to Shopify Collabs tracking and attribution rules; and
• an order must meet the minimum threshold of CAD $20, as calculated by Shopify Collabs, to generate commission.

Yellow does not guarantee any minimum sales, clicks, collaborations, gifted products or compensation.

E.5 Links, codes and attribution

You must use the Link and Code exactly as supplied. You may not alter, transfer, sell or assign them to anyone else. Sales are attributed according to Shopify Collabs data and rules, including Program settings, tracking consent and the rules applicable to Links and Codes.

Yellow is not responsible for missed attribution caused by a misused or altered Link, cookie blocking, privacy settings, technical interruptions, unrecorded offline activity or another circumstance reasonably beyond its control.

E.6 Qualifying Sales

A “Qualifying Sale” is a genuine, completed order that Shopify Collabs properly attributes to the Creator and that complies with these terms and Yellow’s policies. Commission is calculated on the net price of eligible products after discounts, excluding taxes, shipping charges, duties, gift cards, gratuities and other non-product charges.

A Qualifying Sale does not include an order that is:

• cancelled, declined or fraudulent, or, for the affected portion, returned, refunded or charged back;
• placed by the Creator through the Creator’s own Link or Code, or primarily for the Creator’s own benefit;
• generated through automated purchasing, false identities, abusive multiple accounts, cookie stuffing or other manipulation;
• not properly tracked by Shopify Collabs;
• below the minimum threshold or contrary to Code restrictions or Yellow’s sales policies; or
• for a product or category expressly excluded in Shopify Collabs, at checkout or in a written communication from Yellow.

Yellow may hold a commission during a reasonable review and deduct from current or future commissions any amount connected with a cancelled, returned, refunded, fraudulent or overpaid order.

E.7 Commissions, payments and disputes

Approved commissions are paid through Shopify Collabs according to the payment schedule, methods, thresholds and holding period displayed in the Creator’s account. Commissions remain provisional until the applicable return, refund and verification periods have ended.

You are responsible for maintaining valid payment information, paying fees charged by your payment provider, and reporting and paying all applicable taxes and contributions on your earnings. Yellow may request information reasonably required to process payments or satisfy tax obligations.

Please report any commission error preferably within 30 days of discovering it, with information identifying the transaction. This administrative period does not extinguish a statutory right or remedy. Undisputed amounts remain payable.

E.8 Audience discount

The Code generally provides 10% off the eligible merchandise subtotal of an order. It does not apply to previous purchases, gift cards, taxes, shipping or other charges. It cannot be combined with another offer unless Yellow states otherwise. Product, promotion, regional or sales-channel exclusions may apply and will be communicated in Shopify Collabs, at checkout or in writing.

The Code is intended for genuine promotion to the Creator’s audience. It may not be published on coupon sites, discount platforms, browser extensions or code-sharing networks without Yellow’s written approval.

E.9 Content duties and advertising disclosure

All Program Content must be truthful, based on the Creator’s genuine experience, and comply with the Competition Act, Competition Bureau guidance, the Canadian Code of Advertising Standards and the rules of every platform used.

Every promotional communication must clearly and prominently disclose the material connection with Yellow, including any commission, gifted product, discount or other benefit. The disclosure must appear with the content, be easy to understand and be visible without requiring the audience to search for it. Depending on the context and language, use an unambiguous disclosure such as “Ad,” “Paid partnership with Yellow,” “Gifted by Yellow,” #ad, “Publicité,” “Collaboration rémunérée avec Yellow,” “Produit offert par Yellow,” #publicité or #pub. If content includes a commission-earning Link or Code, also state that you may earn a commission; disclosing a gifted product alone does not describe that compensation. A profile disclosure, the words “ambassador” or “partner” alone, or a disclosure hidden among multiple hashtags is not sufficient.

The Creator must also:

• express only honest opinions and avoid false or misleading statements;
• avoid performance, health, safety or comparative claims unless supported by written material supplied or approved by Yellow;
• follow reasonable campaign instructions, applicable laws and platform policies;
• obtain necessary permission from every identifiable person and parental or guardian permission when a minor appears; and
• avoid illegal, hateful, discriminatory, defamatory, obscene, dangerous, counterfeit or infringing content.

E.10 Prohibited promotional methods

Without Yellow’s prior written approval, you may not:

• purchase keywords, domain names or advertisements containing Yellow, Yellow Shoes, a Yellow trademark or a misspelling of any of them;
• impersonate Yellow or suggest that you are Yellow’s official account or authorized representative;
• send unsolicited commercial electronic messages or violate Canadian anti-spam laws;
• use pop-ups, redirects, software, bots, cookie stuffing or other forced-attribution methods;
• promote the Code on coupon sites or bid on search advertising that directly targets Yellow; or
• knowingly publish false, defamatory or misleading statements about Yellow. This rule does not prevent you from sharing an honest opinion, reporting an issue or exercising a remedy.

E.11 Products, pricing and orders

Referred customers are Yellow customers. Yellow’s pricing, availability, shipping, return, refund and customer-service policies apply to their orders. Yellow may accept, decline, cancel or refund an order according to its policies and applicable law. You must not guarantee a price, inventory level, delivery time or outcome that Yellow has not confirmed in writing.

E.12 Gifted products and additional collaborations

Yellow may, in its discretion, offer gifted products, PR packages, campaigns, events, product selections or featured placements. These benefits are not guaranteed and may be subject to separate campaign terms. Unless Yellow states otherwise in writing, receiving a gifted product does not require the Creator to publish content; however, any resulting content must clearly disclose that the product was gifted.

E.13 Yellow trademarks and materials

During your participation, Yellow grants you a limited, non-exclusive, non-transferable and revocable licence to use the names, logos, images and campaign materials supplied by Yellow solely to promote the Program in accordance with these terms. You may not alter a logo, create a derivative trademark, register a domain or account containing a Yellow trademark, or imply broader approval than Yellow actually granted.

Yellow retains ownership of its trademarks, website, materials, Program, Links and Codes.

E.14 Ownership and use of Creator content

The Creator retains ownership of Program Content. When the Creator submits content to Yellow, tags an official Yellow account or uses a requested campaign hashtag, the Creator grants Yellow a non-exclusive, worldwide, royalty-free licence, sublicensable to service providers acting for Yellow, to reproduce, publish, translate, format and reshare that content together with your name, handle and likeness solely as they appear in that content, on channels owned or controlled by Yellow during participation in the Program and for 24 months afterward.

Yellow may retain previously published content in historical feeds and archives. Use in paid advertising, transfer to a third-party retailer or any material edit requires the Creator’s separate written approval unless a campaign agreement states otherwise. To the extent permitted by law and only for authorized uses, the Creator waives the exercise of moral rights against Yellow and its authorized service providers.

The Creator represents that all necessary rights and permissions have been obtained for the content, music, images, trademarks and people appearing in Program Content.

E.15 Platform, data and privacy

The Program uses Shopify Collabs, a third-party service. Your use of Shopify Collabs is also governed by the terms and privacy policies presented when you create or use your account. You must review and accept those terms directly with Shopify where required.

Yellow and its service providers may collect and use information required to administer the Program, assess applications, track sales, prevent fraud, communicate with Creators and issue payments, in accordance with applicable law and Yellow’s privacy policy. You must not collect or use Yellow customer personal information through the Program.

E.16 Independent status and taxes

The Creator acts as an independent contractor. Nothing in these terms creates an employment, agency, partnership, joint venture, franchise or exclusive relationship. The Creator cannot bind Yellow, enter into an agreement for Yellow or make a statement presented as Yellow’s statement.

The Creator controls how, where and when content is created, subject to deadlines and deliverables accepted under a campaign agreement. The Creator is solely responsible for expenses, permits, insurance, taxes and contributions.

E.17 Suspension and termination

Either party may end participation in the Program by written notice. Yellow may immediately suspend an account, deactivate a Link or Code, hold commissions under review or terminate the agreement if it reasonably believes there is fraud, deceptive activity, reputational harm, unlawful conduct, failure to disclose a material connection, infringement, breach of these terms, or risk to customers or Yellow.

When participation ends, you must stop using Yellow materials, remove active Links and Codes where reasonably possible and stop presenting yourself as a current Program member. Commissions validly earned before termination remain payable after applicable adjustments. Unless more favourable written terms apply, no new sale made after participation ends generates commission. Reviews must be conducted within a reasonable time and do not justify indefinite withholding of undisputed commissions. Provisions that by their nature should survive continue to apply, including payment, ownership, licence, confidentiality, liability and dispute provisions.

E.18 Changes to or termination of the Program

Yellow may change or end the Program, including the commission rate, discount, eligibility rules, eligible products, attribution window or payment methods. A material change is communicated directly to you with its effective date and reasonable advance notice, except in an emergency or where legally required. Required consent is obtained. A change will not retroactively reduce a commission already earned on a Qualifying Sale. If you do not accept a change, you may end your participation; continued participation after the effective date constitutes acceptance.

E.19 Program availability and limitation of liability

The Program, website, Links, Codes and tracking tools are provided as available. Yellow does not guarantee uninterrupted or error-free operation, minimum sales or collaborations.

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential damages or loss of anticipated profits arising from the Program. Yellow’s total liability relating to the Program will not exceed the commissions paid or payable to the Creator during the 12 months preceding the event giving rise to the claim. These limits do not apply to validly earned commissions that are owed or where exclusion or limitation is prohibited by law, including intentional or gross fault or bodily or moral injury.

E.20 Indemnification

To the extent permitted by law, the Creator will indemnify Yellow, its affiliated companies and their directors, officers and employees against third-party claims, losses and reasonable costs directly resulting from the Creator’s breach of these terms, infringing content, false or misleading statement, or intentional or gross fault. Yellow will promptly notify the Creator of a claim and allow reasonable participation in the defence. No settlement imposing an obligation or admission on Yellow may be entered into without Yellow’s written consent.

E.21 Confidentiality

Each party must protect the other party’s non-public information, including business information, unpublished campaign results, launches, confidential pricing and customer data. This duty does not apply to information lawfully known already, made public without breach, independently developed, lawfully received from a third party or required to be disclosed by law. A party may disclose information to advisers and service providers who are required to protect it.

E.22 Notices

Yellow may send notice to the email address connected to the Creator’s application or Shopify Collabs account. The Creator may send notice through Shopify Collabs or to the contact address shown on the Program page, with a copy where appropriate to Groupe Yellow Inc., 5680 St-Dominique Street, Montreal, Quebec H2T 1V6, Canada. Notices are sent by a method allowing receipt and retention in accordance with applicable rules.

E.23 Governing law and courts

These terms are governed by the laws of Quebec and the federal laws of Canada applicable in Quebec, without regard to conflict-of-law rules. Subject to any mandatory rule that applies, the parties submit to the exclusive jurisdiction of the courts of the judicial district of Montreal, Quebec.

E.24 General provisions

These terms form the entire agreement relating to the Program, subject to the Shopify Collabs terms and campaign agreements accepted under section E.1. If a provision is invalid or unenforceable, it will be limited or replaced only to the minimum extent necessary, without affecting the remaining provisions. Failure to enforce a right is not a waiver. The Creator may not assign the agreement without Yellow’s written consent; Yellow may assign it to an affiliated company or as part of a reorganization, merger or sale of its business. Headings are for convenience only.

E.25 Language

The French version of these terms must be supplied or made accessible before a version in another language where required by Quebec law. After receiving or being able to review the French version, the Creator may expressly choose to enter into the agreement in English through a separate express declaration after the French version has been supplied. Simply viewing the English version is not sufficient. If the versions differ, mandatory language rules prevail, including the right to invoke either version where provided by law.

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Contact us

Groupe Yellow Inc.
5680 St-Dominique Street
Montreal, Quebec H2T 1V6
Canada

Customer service: serviceclient@yellow.qc.ca

For a request concerning your personal information, include “Personal Information Protection” in the subject line so your request can be forwarded to the person responsible.

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