Affiliation Program for Traffic Provider Agreement

This Contract contains the terms and conditions that governs the Affiliation Program for Traffic Provider between you and Sculpteo.

The Contract is bound between :

SCULPTEO, a simplified joint-stock company with a capital of 2,548,134 Euros, registered in the Créteil trade and companies register (RCS) under number 514 971 654, whose head office is situated at 10 Rue Auguste Perret, 94800 Villejuif, FRANCE, hereinafter referred to as SCULPTEO,

and

YOU, as identified upon registration at sculpteo.com website. YOU may represent a company or an individual. YOUR WEBSITE refers to any website you will be using inside this Affiliation Program for Traffic Provider.

The wording PARTIES refers to both SCULPTEO and YOU.

Foreword

SCULPTEO has dreamt up the creation and operation of a website offering a personalized 3D reproduction service. Based on a 3D design file (the DESIGN), SCULPTEO will create a concrete object, for example, and without this list being exhaustive: interior decoration, figures, robots, and miniatures. Those objects are hereinafter referred to as the “OBJECT”.

SCULPTEO proposes an Affiliation Program to entities who should be able to drive some traffic to SCULPTEO’s website and as such may bring some business to SCULPTEO.

  1. Agreement of this Contract, Duration and Identification

This Contract contains terms and conditions that govern this Affiliation Program for Traffic Provider between YOU and SCULPTEO.

This Contract may be signed by any mean that both YOU and SCULPTEO will accept, including signing electronically on sculpteo.com website.

If YOU is a Corporation, a Company or other Legal Entity, the person who signs the contract on behalf of that Company or Entity hereby represents and warrants that he or she is authorized and lawfully able to bind that Company or Entity to this Contract.

This Contract is signed for an initial duration of 6 months and shall be renewed automatically for an additional period of 6 months, unless one of the PARTIES wants to cease the Contract. End of the Contract may be notified at any moment by one of the PARTIES, without delay and without needed justification.

When using the technical tools supporting this Affiliation Program for Traffic Provider, YOU will identify yourself with the Affiliate ID that SCULPTEO will provide, as well as the Password associated. YOU will take any measure needed to ensure that your Password will not become public.

  1. Principle of the partnership

SCULPTEO will pay Business Fees to YOU based on the actual business that YOU will be able to provide to SCULPTEO.

SCULPTEO’s website will place a Cookie to a end-user’s web browser storing that the origin of his visit is YOU.

Every time an order is passed with a end-user having a Cookie showing YOU as origin of the visit

SCULPTEO will accumulate Business Fee in your Affiliate Account, according to Article 4 below.

Orders passed by users originating from you will not lead to Fee if the order is not paid by end-user, the order is cancelled, shipped back, refused, or not-honored for any reason.

SCULPTEO is solely responsible for declaring to YOU the numbers of the Business that YOU brought to SCULPTEO through this Affiliation Program for Traffic Provider.

SCULPTEO will declare these numbers at least monthly, for the Business that has been done in the previous month.

  1. Payment of the Fees

The Fees are paid by SCULPTEO at least monthly for the Business done in the previous month. Payment is done by wire transfer, with the bank account coordinates that YOU had provided.

  1. Computation of the Fee

The Fee is equal to 5% (five percent) of the amount paid by end-user, excluding VAT paid by end-user if applicable.

The Fee will be subject to VAT if applicable to YOU. It is your responsibility to give accurate information to SCULPTEO for this.

  1. SCULPTEO’s Liability

SCULPTEO does not provide YOU with any guarantees that end-users originating from you will create Business and then Fees.

As a consequence, SCULPTEO may not in any way be held responsible for any direct, accessorial, indirect or immaterial damages suffered by YOU due to existence or inexistence of Business and Fees, even if the PARTIES have been informed of the possibility of such damage.

  1. Non-Exclusivity

This Contract does not create any right of exclusivity, neither for YOU nor for SCULPTEO.

  1. Applicable law and settling of disputes

French law governs this Contract.

The parties will endeavor to resolve any disagreements that may arise between them concerning the interpretation, partial or total execution or non-performance of this Contract in an amicable fashion.

If the parties are unable to settle their disagreement amicably, the said disagreement will be submitted to a mediator from the Professional Chamber of Mediation and Negotiation (Chambre Professionnelle de la Médiation et de la Négociation – CPMN), due to its professional, independence, neutrality and impartiality guarantees. To submit the case, one of the parties should give the mediator the authority to organize a meeting that the other party must attend within one month of the request. To organize this meeting, the mediator will send a registered letter with acknowledgement of receipt to each of the parties. The parties will share the costs of involvement of the mediator between them in an equitable manner and undertake to participate in at least one meeting with the mediator, seeking to resolve the dispute using the most appropriate solution, with his/her agreement. If the parties cannot come to an agreement, this arbitration clause will be reputed as honored.

With no amicable agreement being found, the disagreement will be brought before the competent jurisdiction of the Versailles Appeal Court.

  1. Advertising

YOU can only do the promotion of SCULPTEO through your blog or website. Any promotion through Google Adwords, Bing Ads or other online advertising service will constitute a breach of the contract and YOU will not have the payment of the fees generated.



For more information, contact SCULPTEO

by email at [email protected],

fax 00 33 (0)1 46 42 67 76 or telephone 00 33 1 83 64 11 22

SCULPTEO

10 Rue Auguste Perret,

94800 Villejuif – France