ART CASSÉ AFFILIATE PROGRAM – TERMS OF SERVICE

artcasse.com

This Terms of Service Agreement (“Agreement”) is a legal agreement between you (“Partner” or “Affiliate” or “you”) and ART CASSE PROSTA SPÓŁKA AKCYJNA, with its registered office in Łódź, at Prezydenta Gabriela Narutowicza 40/1, 90-135 Łódź, registered in the National Court Register of Entrepreneurs maintained by the District Court for Łódź Śródmieście in Łódź, 20th Commercial Division of the National Court Register, under the number KRS: 0001018969, NIP: 7252328270, REGON: 5244385410 (“Company”, “Art Cassé”, “Art Casse”, “we” or “us”), governing your participation in the Art Cassé Affiliate Program (“Program”).

By accessing or using the Program available at ref.artcasse.com, you agree to be bound by the terms and conditions of this Agreement.

§ 1 ACCEPTANCE OF TERMS

By joining or using the Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not use or participate in the Program.

Participation in the Program is subject to approval. We reserve the right to accept or reject any application at our sole discretion.

§ 2 USE OF THE PROGRAM

  1. Eligibility: You must be at least 18 years old or have the legal capacity to enter into a binding agreement in your jurisdiction to participate in the Program.
  2. License:  Subject to your compliance with this Agreement, we grant you a limited, nonexclusive, nontransferable, revocable license to participate in the Program and use the provided affiliate tools solely for promoting Art Cassé products.
  3. Prohibited activities: You agree not to engage in any of the following:
    • Partners may run paid advertisements promoting their own content or referral links, provided that such ads do not use the Art Cassé brand name, trademarks, or close variations as keywords or in ad titles, and do not mislead users into believing the ad originates from Art Cassé
    • Offer or distribute discount codes or promotions unless officially provided by Art Cassé.
    • Make false, misleading, or unapproved claims about our products or brand.
    • Post or associate Art Cassé with any offensive, discriminatory, or inappropriate content.
    • Present yourself as an employee, representative, or agent of Art Cassé beyond being an independent affiliate partner.

Affiliates may promote Art Cassé products through any online or offline channels relevant to the ballet niche, including social media, blogs, websites, and in-person activities such as ballet classes, workshops, or events.

§ 3 COMMISSIONS AND PAYMENTS

  1. Commission Rate: The standard commission rate is 20% for each sale made through your referral link. Selected partners may receive higher commission rates by prior agreement with Art Cassé.
  2. Referral Tracking: Referrals are tracked through the Partnero platform. Each referral link uses cookies valid for 28 days. Commissions are applied only when a sale is made through your referral link during the cookie validity period.
  3. Recurring Sales: Commissions apply to every sale made using your referral link while the cookie is active.
  4. Payment Terms:
    • Commissions are calculated based on the final retail price in euros (€).
    • Commissions are held for 30 days after a purchase to allow for potential refunds or chargebacks.
    • Payments are made by bank transfer (wire) on a quarterly basis (every three months). Payment will be processed immediately upon reaching the minimum payout threshold of €100. If the threshold is not met, the accumulated balance will still be paid out on the next scheduled quarterly payment date.
  5. Refunds and Returns: If a referred customer cancels, returns, or requests a refund within 30 days of purchase, the commission for that sale will be voided or deducted from future payments.
  6. Taxes: You are solely responsible for reporting and paying any applicable taxes related to your commissions from the Program.

§ 4 INTELLECTUAL PROPERTY

  1. Ownership: The Program, including all related intellectual property rights, remains the exclusive property of Art Cassé PSA. You acknowledge that you have no ownership or rights to the Program or any materials except as expressly granted in this Agreement.
  2. Use of Materials: Affiliates may use official marketing materials provided by Art Cassé. Affiliates may also create original promotional content featuring Art Cassé products, provided such content accurately represents the products and brand and complies with this Agreement.

§ 5 PRIVACY AND DATA PROTECTION

  1. By participating in the Program, you acknowledge that the processing of your personal information (including name, email address, and payment details) is contractually necessary to administer the Program, calculate, and process commission payments, as outlined in our Privacy Policy. Affiliate and referral data are managed and processed through the Partnero system.
  2. Security: We take reasonable measures to protect your personal information, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.
  3. GDPR Compliance: Art Cassé PSA operates under the laws of Poland and complies with the General Data Protection Regulation (GDPR) (known locally as RODO). You may request access to, correction of, or deletion of your personal data by contacting us at [email protected].

§ 6 LIMITATION OF LIABILITY

  1. Disclaimer: The Program is provided on an “as-is” and “as-available” basis. We make no warranties or representations, express or implied, regarding the operation, reliability, or availability of the Program.
  2. Limitation of liability: To the maximum extent permitted by law, Art Casse PSA shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your participation in the Program.

§ 7 TERMINATION

  1. Termination by User: You may terminate this Agreement at any time by discontinuing participation in the Program and notifying us at [email protected]
  2. Termination by Company: We reserve the right to suspend or terminate your access to the Program at any time, without prior notice, for any reason, including but not limited to inactivity, violation of this Agreement, or conduct inconsistent with the values of Art Cassé.
  3. Effect of Termination: Upon termination, you must immediately cease using all affiliate links and promotional materials provided by Art Cassé. All commissions earned and cleared (past the 30-day hold) will be paid out to the Partner within 60 days of the termination date, regardless of the minimum payout threshold. 

§ 8 GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of Poland. Any disputes arising out of or in connection with this Agreement shall be resolved through the courts of Poland.

§ 9 MODIFICATIONS

We reserve the right to modify or update this Agreement at any time. We may, at our discretion, notify you of material updates by email, but any changes will be effective upon posting the revised Agreement on our website. By continuing to participate in the Program after such notification, you acknowledge that you have read, understood, and agree to be bound by the updated Agreement.

§ 10 MISCELLANEOUS

  1. Entire Agreement: This Agreement constitutes the entire agreement between you and Art Cassé regarding your participation in the Affiliate Program.
  2.  Independent Contractor: You acknowledge that you act as an independent contractor and not as an employee, representative, or agent of Art Casse PSA.
  3. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By joining or participating in the Art Cassé Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

If you have any questions or concerns regarding this Agreement, please contact us at [email protected].