BuySculpture.com Affiliate Program Terms and Conditions

1. This Agreement, made and entered by and between BuySculpture.com, ("BuySculpture.com" or "we"), and the Affiliate ("Affiliate" or "you"), contains the complete terms and conditions that apply to your participation in the BuySculpture.com Affiliate Program (the "Affiliate Program" or "Program").
2. BuySculpture.com is the sole provider of the following online galleries with sculptures, paitings and other artworks (the "Products"): BuySculpture.com.com, EsKultura.com, MiguelGuia.com, DaliSurrealism.com
3. An Affiliate is a person or an entity that has registered with the BuySculpture.com Affiliate Program. The term "Affiliate" does not imply any formal association with BuySculpture.com.
4. By this agreement, the Affiliate is granted a non-exclusive, revocable right to market and advertise the BuySculpture.com Affiliate program and BuySculpture.com products.

1. Participation in the program

1. To enroll in the BuySculpture.com Affiliate program, the Affiliate must fill out the registration form with current, complete, and accurate information. If there is a need to update this information, the Affiliate should contact the Affiliate Department and inform them about the change(s). The Affiliate Department can be reached at:
   
   http://affiliates.BuySculpture.com.com/en/page/contact/
   
   
2. Providing false information in the registration form will result in immediate termination from the program and will forfeit all outstanding Affiliate Sales Commissions.
3. BuySculpture.com reserves, at its sole discretion, the right to refuse participation in the Affiliate Program to anyone and at any time. We also reserve the right to refuse Affiliates from certain countries that have a track record of originating credit card fraud.
4. Upon registration, the affiliate must accept the Terms of Service stated herein, and the BuySculpture.com Anti-Spam Policy.
5. The Affiliate can purchase BuySculpture.com products through their own referral link and will receive Affiliate Sales Commissions from those purchases.

2. BuySculpture.com agrees:

1. to pay Affiliate Sales Commissions on sales of BuySculpture.com products referred directly by the Affiliate and on the sales referred by their Sub-Affiliates, according to the provisions of this Agreement, unless otherwise concluded among the parties
2. to grant the Affiliate access to their Affiliate account - password-protected area where the affiliate can look up their affiliate URLs, information about referred sales and commissions
3. at its sole discretion and choice to grant the Affiliate access to marketing materials containing BuySculpture.com products descriptions, logos, and/ or other promotion materials (so called "marketing materials'). It does not imply any obligation to deliver such materials to the Affiliate.

3. Affiliate agrees:

1. to receive commercial information about the Affiliate program and BuySculpture.com products and services
2. that use of the service is at his or her sole risk
3. that trademarks and other materials, in particular, but not limited to, the marketing materials, are the property of BuySculpture.com and may be used by the Affiliates for promotion of BuySculpture.com products and services in relation to the Affiliate program only.
4. to be responsible for all taxes and other similar levies applicable to the Affiliate Sales Commissions pursuant to any law or regulation. The Affiliate shall report Affiliate Sales Commissions to their tax authorities as required by applicable law

4. Obligations of the Affiliate

1. The Affiliate shall market and advertise the Affiliate Program and/or Products diligently and in goodwill, and shall develop, operate and maintain their website and referral links, at their sole cost, expense, and risk.
2. The Affiliate shall be solely responsible for all materials that appear on his/her site. You should strictly adhere to all applicable laws and regulations in conducting your business, and more specifically in marketing and advertising the BuySculpture.com Products. Note that these trademarks and other materials provided by BuySculpture.com at the Affiliate panel are the subject to copyrights of BuySculpture.com. You are authorized to use these materials only for promoting BuySculpture.com products and BuySculpture.com Affiliate program. If you need to use these trademarks and/ or other materials otherwise than advised in the affiliate account, you should obtain prior a written permission from BuySculpture.com.
3. The Affiliate represents and warrants to BuySculpture.com that this Agreement has been duly and validly executed and constitutes a legal obligation, enforceable with the terms of this Affiliate Agreement.
4. The Affiliate shall not send unsolicited e-mail and shall not send e-mail nor any other communication to a recipient if the recipient has not expressed their prior consent.
5. The Affiliate shall acknowledge, clearly identify and respect that all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the BuySculpture.com Products are, and shall continue to be, the exclusive property of BuySculpture.com.
6. BuySculpture.com shall have the right to approve or decline the graphics, logos, banners and other materials used by the Affiliate in relation to promoting BuySculpture.com Products and BuySculpture.com Affiliate Program. The Affiliate agrees to conform to the suggestions made up by BuySculpture.com as far as promoting BuySculpture.com products is concerned.

5. Referral links/Cookies

1. Upon registration, BuySculpture.com assigns the Affiliate referral links which redirect the visitor to a BuySculpture.com website.
2. The referral links contain a unique affiliate ID assigned to the Affiliate. This information is saved on the computer of the visitor, who enters the BuySculpture.com website thru the referral link, in the form of a cookie.
3. The Affiliate Sales Commissions are tracked through the use of cookies. In some cases it will not be possible to track traffic from the Affiliate's site to a BuySculpture.com website, because the visitor is using cookie-blocking software. BuySculpture.com is only responsible for paying commissions on sales that can be tracked back to the Affiliate using the technology in use by BuySculpture.com.
4. Furthermore, BuySculpture.com uses a "first Affiliate owns the visitor" system, under which a particular Internet user is assigned to the first Affiliate whose referral link he or she clicked on to visit a BuySculpture.com website. For instance: if someone clicks thru Affiliate A's referral link to enter a BuySculpture.com website, but does not make the purchase and next time enters the same website thru Affiliate B's referral link, and makes a purchase, it will be assigned to Affiliate A, and the commission will be paid to Affiliate A.

6. Affiliate Sales Commissions

1. BuySculpture.com pays the Affiliate a sales commission for each sale referred by the Affiliate. It means that the Affiliate will receive the sales commission if only the customer was referred thru the referral link and the Customer's software allowed BuySculpture.com to save a referral cookie.
2. Commissions are calculated as a percentage of the amount paid by the customer referred by the Affiliate.
3. Standard commission rates equal 15% from sales emanating from you referring a BuySculpture.com product to others
4. BuySculpture.com reserves the right to discount the price of the products for chosen customers. As commissions reflect a percentage, not a particular sum, it is possible that the commission on the sale of the same product may be different every month.
5. The commissions are calculated on the last day of each month following the sales commission pointed on the Affiliate's panel. The Affiliate is entitled and has a right to check the sales commissions due on their Affiliates panel.
6. If the balance owing in the affiliate account exceeds EUR 100, BuySculpture.com shall issue the affiliate payment in the form transferring balance into their PayPal account, unless other provisions are made. Based on internal risk analysis, BuySculpture.com reserves the right to withhold first time payments, and any other payments originating from an account where there is suspected fraud activity, for a period of up to 3 months.
7. Payments are being sent to the PayPal address provided upon registration, on or around the 20th of every subsequent month. Afiffiliate will cover any PayPal commissions or costs
8. If on the last day of the month the balance owing in the account is less than EUR 100, the commission will be accumulated in the account.
9. BuySculpture.com reserves the right to change the rate of commission and product prices at any time. Any Affiliate Sales Commissions accrued after such a change will be at the new rate.

7. Refunds/Chargebacks/Fraud

1. Any customer refunds or credit card chargebacks owed by BuySculpture.com to the referred customer will result in the appropriate commission (hereinafter referred to as "deducted commission") amount being deducted from the Affiliate's account balance. If the commission from that sale has already been paid to the Affiliate, the amount will be deducted from the next monthly payment. If the commission owed to the Affiliate in the next month will not be sufficient to satisfy the deducted commission, the Affiliate will be invoiced for immediate payment. BuySculpture.com reserves itself the right to terminate, at its sole discretion, the Agreement immediately in the event of not receiving the remaining debt instantly after the invoice.
2. Any fraudulent activity that can be traced directly to an Affiliate's actions will cause immediate termination, forfeiture of any commissions earned, and legal prosecution if possible. BuySculpture.com reserves the right to decline sales from any country should it have any reason to believe the order may be fraudulent.

8. Disclaimer of warranties, limitation of liabilities

1. In no event shall BuySculpture.com be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this agreement or any of the products, whether or not such party has been advised of the possibility of such damages. BuySculpture.com shall not be liable for any damages if, for any reason whatsoever, its website fails or is non-operational.
2. Should the fulfillment of any obligation of BuySculpture.com arising out of this Agreement, whether BuySculpture.com or its Employee, or its independent sub-contractor, be prevented or hindered directly or indirectly by fire, the elements or civil commotion, strikes or lock-outs, shortage of labor, breakdown or partial failure of machinery, short, temporarily and accidental suspension of providing the services in relation to this Agreement or BuySculpture.com websites and BuySculpture.com Products, or delay on the part of any independent sub-contractor or supplier as a result of circumstances which neither BuySculpture.com nor the Affiliate could foresee or suspect, or acts, orders or regulations of the Government, or any other cause whatsoever beyond the reasonable control of BuySculpture.com, then the time for fulfillment any obligations of BuySculpture.com arising out of this Agreement shall be extended for a reasonable period having regard to the effect of the delaying cause.
3. BuySculpture.com will not be responsible if a referred purchase goes unregistered for any reason.
4. BuySculpture.com will not be responsible for any intermediary charges, transaction fees and other costs or expenses accrued by the Affiliate.
5. Any correspondence relating to the non-receipt of a PayPal payment, must be initiated by an Affiliate within a reasonable time to arrange alternative payment method.

9. Termination of the contract

1. BuySculpture.com reserves the right to refuse or restrict access to the BuySculpture.com Affiliate Program to anyone at any time and for any reason.
2. BuySculpture.com reserves the right to terminate the contract with the Affiliate immediately and without notice and forfeit all affiliate commissions if the Affiliate is involved with any of the following:
   • promoting BuySculpture.com products in any relation with information or for any purpose which is scandalous, obscene, defamatory or immoral, or uses the BuySculpture.com products in relation or for any other purpose which is prohibited by law,
   • sending unsolicited email or engage in any other communication to a recipient if the recipient has requested that it discontinue such communication,
   • misrepresents BuySculpture.com, any, some or all of BuySculpture.com products in any way,
   • uses or permits or accepts the use of any name, trademark, or service mark, that belongs to BuySculpture.com, or any promotional material or content provided by BuySculpture.com within the Affiliates Panel, in a manner that would lead a reasonable person to believe that the name or trademark or service mark or content is a property of the Affiliate.

10. Final

1. BuySculpture.com reserves the right to modify, add or delete any documents, information, graphics or other content appearing on BuySculpture.com websites, including the marketing materials on the Affiliates panel, at any time without prior notice to the Affiliate.
2. This agreement shall be interpreted and construed according to, and governed by, the laws of Spain, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Spain and Spanish Court shall be the jurisdiction.