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AFFILIATION AGREEMENT

"MUSATALENT" is a protected trademark and cannot be used in any way without written authorization. The website www.musatalent.it is owned by CFP Europeo sas.

1) AFFILIATE PROGRAM

The MUSATALENT AFFILIATE program is a commercial collaboration agreement with which MUSATALENT recognizes a commission for each successful purchase made on the website www.musatalent.it carried out by visitors from the AFFILIATE's site or advertisements.

To join, explicit acceptance of all the terms of the following agreement is required, in the terms and conditions described below.

AFFILIATE means the applicant and, therefore, in case of acceptance of the terms of the agreement, the beneficiary of the commissions.

AFFILIATE SITE means the website in which the links to www.musatalent.it by MUSATALENT.

2) HOW TO JOIN THE AFFILIATE PROGRAM

To join the AFFILIATION program, the AFFILIATION application must be completed. MUSATALENT will consider all questions and reserve the right to accept or decline the request.

In particular, requests relating to sites with violent, obscene, pornographic content, which promote discrimination related to race, sex, religion, age and sexual orientation will not be accepted; or, again, websites that infringe copyright or promote illegal activities; poor quality sites, with banner ads only or under construction.

Furthermore, in no case will sites that could damage the image of MUSATALENT be taken into consideration.

In this sense, MUSATALENT reserves the right to revoke, at any time, the AFFILIATION agreement described herein, in the event that the agreed terms are not respected and to take legal action, in circumstances in which the conditions are met.

MUSATALENT does not impose exclusivity on the affiliate site, the AFFILIATE may at any time decide to terminate the agreement, it will be sufficient to communicate the termination of the relationship via e-mail.

The commissions accrued up to that moment will be recognized according to the terms of the contract.

MUSATALENT will periodically send communications of an informative and promotional nature through newsletters, by joining the program, you accept the receipt of the newsletter for the entire duration of the agreement.

3) OPERATING METHODS

The links between MUSATALENT and the AFFILIATES can be created through banners, hyperlinks and / or other forms of advertising agreed with the AFFILIATE. The links can link directly to the home page or refer to a specific internal page, the choice of the type and quantity of links is at the complete discretion of the AFFILIATE.

If links are made to individual titles, the affiliate site will be responsible for checking that they are present in the MUSATALENT catalog.

MUSATALENT assumes no responsibility for any errors in the descriptions of the titles, nor in the event of unauthorized use by the AFFILIATE site of texts, quotes, photographic reproductions or any other visual or audiovisual material protected by the law on copyright and employed by the affiliate in its violation.

EXCEPTIONS TO THE USE OF MUSATALENT LINKS / CONNECTIONS.

IT IS ABSOLUTELY FORBIDDEN unless expressly authorized in writing by MUSATALENT:

  • It is forbidden to - Promote products in the MUSATALENT catalog with advertisements (Google Adwords, Yahoo / Overture and MSN and the like), which use trademarks registered by other companies operating in the Italian or international market as search keywords.
  • It is forbidden - Promote products in the MUSATALENT catalog through the Ebay site, using Spamming, reports on newsgroups, chain letters, e-mails sent without the prior authorization of the recipient and any other report made without express authorization.
  • It is forbidden - To use web programming techniques such as to which the partner cookie is installed on the visitor's computer without the visitor having visited the pages of the website www.musatalent.it, or the partner cookie must be installed only after visiting the website www. musatalent.it through the links on the pages of the partner site and not through the use of fraudulent techniques and / or techniques that do not comply with the guidelines of this regulation.
  • Attention - Failure to comply with the aforementioned prohibitions will result in the immediate revocation of the AFFILIATION agreement, cancellation of the AFFILIATE account and any accrued commissions. In circumstances where the conditions are met, in the event that the agreed terms are not respected, MUSATALENT reserves the right to take legal action.

4) CONTENTS OF THE AFFILIATE SITE

THE AFFILIATE is responsible for the development, management and maintenance of his site and all the elements used for its creation. MUSATALENT declines all responsibility for any damages or expenses deriving from the development, management, maintenance and contents of the AFFILIATE site. 

5) CRITERIA FOR THE RECOGNITION OF COMMISSIONS

The AFFILIATE is awarded a commission on the sale of products to customers who meet all the following requirements:

  • Customers who arrive at the MUSATALENT website www.musatalent.it through the links on the affiliate website.
  • Customers who insert the title / titles in their cart confirming the order through the MUSATALENT ordering system in all its parts.
  • Customers who do not cancel the order before the shipment of the ordered items.
  • Customers who do not refuse the withdrawal of the ordered item on delivery.
  • Customers who do not make returns for the right of withdrawal within the first 10 days from receipt of the order.

Visitors are free to browse for an unlimited period, the AFFILIATE will be awarded a commission for all purchases made in the consultation session.

  • The session ends with the occurrence of one of the following cases:
  • a) 30 days have passed since the last connection through the AFFILIATE link.

No commissions are recognized for:

  • Orders placed as a result of independent access from the links of the AFFILIATE site even if executed by customers previously coming from the latter, after they have passed 30 days from the last visit from the AFFILIATE link.
  • Products whose order lines are canceled following a request by the customer or due to unavailability of the product itself.

MUSATALENT will recognize a commission for each item sold in the manner described above equal to:

  • 20% on all products ...

This commission is recognized on any item in the catalog, even if the product is sold at a discounted price.

 

The commissions are calculated in the following ways: full price of the product separated from any line discounts, total discounts on the order, application of discount coupons and / or gift cards, and if present by VAT.

The commissions will be recognized for orders placed during the validity period of this agreement and for which MUSATALENT has received payment from customers.

No commissions will be recognized on the amounts of shipping costs relating to orders placed.

6) PRODUCT PRICES

The selling price of the products sold through this program will be determined by MUSATALENT according to its own pricing policies. Product prices may vary including any increases in the meantime that have occurred in the price lists of suppliers.

7) TAX REGULATION OF THE FEES PAID

The commissions represent an occasional service between MUSATALENT and the AFFILIATE. If the subject is fiscally domiciled in Italy, the service is subject to the withholding tax which must be shown on the invoice.

The commissions are understood to be net of any type of RIVALSA (INPS, INNERCASSA, etc), therefore such claims are the sole responsibility of the partner.

The commissions are exclusively gross of VAT and WITHHOLDING DEPOSIT.

8) PAYMENT OF COMMISSIONS

In the event that the accrued amount exceeds € 20,00, MUSATALENT will send an account statement summarizing the accrued commissions within 10 working days.

THE AFFILIATE against this account statement and with reference to the relevant quarter, will be required to issue an invoice or debit note (in the case of private individuals) for occasional performance.

Payment of the invoice issued by the affiliate site will be made by MUSATALENT within 5 days from the date of receipt of the invoice or debit note by bank transfer to the current account indicated by the AFFILIATE.

Sums of less than € 20,00 will be withheld and will not be communicated until the sum of the recognized commissions does not exceed € 20,00 in a subsequent account statement or until the termination of this agreement.

NB

The accrued data are always available and can be consulted on the MUSATALENT website www.musatalent.it with restricted access in the appropriate affiliate partner area. The data is updated daily in real time. From your reserved access you will be able to obtain a report of the commissions accrued and a detail of the items sold.

9) RETURNS AND CANCELLATIONS

If an item is returned by the customer at a later time after its receipt, the commission that was recognized for that product can be deducted from the subsequent payment or in the event of non-existence of a subsequent payment, the amount will be invoiced to the AFFILIATE.

10) PROCESSING OF ORDERS

MUSATALENT is solely responsible for the processing of orders placed by customers who have followed a link from the AFFILIATE site.

The compilation of the order must take place according to the standard procedures of www.musatalent.it by MUSATALENT.

The handling of orders, payments, shipments, returns and customer support services are the responsibility of www.musatalent.it by MUSATALENT.

All the rules and policies of MUSATALENT and concerning the management of orders placed on its site will also be applied to orders received through the links on the Affiliate site.

11) REPORT OF THE COMMISSIONS

MUSATALENT undertakes to put online on its website a daily updated report of the commissions accrued complete with the details of the items sold.

The AFFILIATE will be responsible for ensuring that the connections are made exactly according to the indications provided by MUSATALENT, an indispensable requirement to be able to provide the report of the commissions.

www.musatalent.it of MUSATALENT in compliance with the Laws on the protection of privacy does not provide the AFFILIATE with the names and other personal information concerning its customers.

12) INTERRUPTION OF THE SERVICE

MUSATALENT undertakes to keep its website fully functional, except in cases of force majeure or interruptions due to ordinary and extraordinary maintenance. In any case, MUSATALENT cannot be held responsible for any of the consequences of such interruptions.

13) DURATION OF THE AGREEMENT

This agreement starts from the date of acceptance of the AFFILIATE's application made according to the procedures described in Article 1. This agreement will be automatically renewed until the AFFILIATE's inactivity or request.

After 12 months of inactivity, the agreement is considered terminated and the AFFILIATE's account reverts to being a released account. All AFFILIATES who have not logged into the site www.musataelnt.it for more than 12 months, have not received clicks or new commissions for more than 12 months will be considered inactive.

The AFFILIATE may at any time and without the need to provide explanations decide to terminate the agreement. It will be sufficient to communicate it by e-mail. The commissions accrued up to that point will be paid according to the terms of the contract.

14) MODIFICATIONS TO THE AGREEMENT

www.musatalent.it MUSATALENT reserves the right to modify the terms and conditions of this agreement by notifying the AFFILIATE and putting the text of the new agreement online on its website; if the AFFILIATE decides not to accept the changes made, he must promptly notify in writing to www.musatalent.it of MUSATALENT by e-mail, and this agreement will be considered terminated. In case of lack of communication by the affiliate, the changes will be deemed accepted by the same.

15) JURISDICTION

For any dispute relating to this agreement, the Court of Pescara will be competent

INFORMATION PURSUANT TO ART. 13 OF D.LGS. 196/2003

In compliance with the provisions of Art. 13 of Legislative Decree. 30/06/2003 n. 196, MUSATALENT informs that the personal data being processed are collected in order to:

  • fulfill contractual and pre-contractual obligations;
  • fulfill legal obligations;
  • manage relationships with customers (e.g. customer administration; administration of contracts, orders, shipments, invoices, etc.);
  • manage any judicial and extrajudicial disputes;
  • send promotional material and e-mails if explicitly requested by the customer.

In relation to the aforementioned purposes, we inform you that the processing of personal data is carried out with the aid of paper and computer tools in order to guarantee the security and confidentiality of the data in compliance with Legislative Decree 196/2003.

This information is provided for data:

  • collected directly from the data subject (Article 13, paragraph 1), also via the internet;
  • collected from third parties (Article 13, paragraph 4);
  • received from public registers, lists, deeds or documents that can be known by anyone (Article 24, paragraph 1, letter c), in the ways and within the limits established by the rules on their availability.

The provision of personal data is essential for the purpose of fulfilling the contractual obligations assumed and any refusal to process the data will make it impossible to fulfill the contract and the related legal obligations.

The provision of data is however optional for the purpose of sending promotional material and e-mails.

Personal data will not be disclosed to anyone.

In order to fulfill legal and contractual obligations, the data may instead be communicated to:

  • poste spa or other mail delivery companies;
  • banks and credit institutions;
  • IT system maintenance or repair companies;

The Data Controller keeps the track (LOG) of the connections / navigations carried out to respond to any requests from the judicial authority or other public body entitled to request said track.

We also inform you that, pursuant to Art. 7 of Legislative Decree. 196/2003, the data subject has the right:

  • to have confirmation, in an intelligible and free way, of the existence or not of personal data concerning him at MIND PERFORMANCE;
  • to obtain the updating, rectification or, when interested, integration of data;
  • to obtain the cancellation, transformation into anonymous form or blocking of data processed in violation of the law or after the need for conservation has ceased;
  • to oppose the processing for legitimate reasons or the processing for the purpose of sending advertising material, direct sales, market research, commercial communications. The choice to send promotional material and emails is optional and the lack of consent does not represent an obligation for the continuation of the transaction.

MUSATALENT does not process any data of a sensitive nature, if this is necessary, specific consent will be requested for the processing of data.

Finally, we inform you that the Data Controller of personal data is Cfp Europeo sas, with registered office in via Luigi Anelli 3 - 65126 Pescara (Pe) administrative office Via Monte Napoleone 8 - 20121 Milan, operational headquarters Viale Gabriele D'Annunzio 183 - 65129 Pescara (Pe). For any request regarding privacy and to exercise the rights established by art. 7 of Legislative Decree. 196/2003 can write to [email protected]

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