Please note: this page is an English translation of the original into Italian. The original and legally valid contract can be seen here: https://shine-library.com/contratto-di-affiliazione/?lang=it
AFFILIATION AGREEMENT
By requesting affiliation you fully accept this agreement between:
you, hereinafter referred to as “Affiliate” and
Giovanni Dall’Ò (c.f. DLLGNN81M04H163Y, via del Faggio 113, 97100, Ragusa, Vat Number IT01619810888), under the trademark SHINE-LIBRARY, hereinafter referred to as the “SHINE-LIBRARY“
PREMISES
- SHINE-LIBRARY owns all rights to license music, audio and other material on the SHINE-LIBRARY platform
- SHINE-LIBRARY has developed a set of knowledge, methods, services (know-how);
- SHINE-LIBRARY wants to expand its distribution network, keeping its image and style constant and, in order to remain commercially competitive with market changes, continues to develop the brand, image and know-how, investing means and resources for this purpose
- SHINE-LIBRARY has studied with particular care the selection of the musical pieces proposed;
- the Affiliate intends to become part of the SHINE-LIBRARY’s distribution network, being interested in the exploitation of the SHINE-LIBRARY brand and in taking advantage of the advantages that SHINE-LIBRARY grants according to the terms and conditions that will follow;
- the affiliate declares that it has the actual availability of web spaces through which to market the products referred to in this agreement, all of the following is stipulated
Art.1 – referral
The premises are to be considered an integral and substantial part of this contract.
Art.2 – object of the contract
SHINE-LIBRARY grants the Affiliate, who accepts, the right to use his trademark in the web spaces owned or otherwise administered by him (his own web space); this right is not transferable to third parties.
Art.3 – services
SHINE-LIBRARY will provide the affiliate with a number of benefits and services such as:
- market niche advice: description and definition of the target audience
- tips for creating audiences on facebook campaigns
- tips for target definition and keywords in Adwords campaigns
- specific keywords for SEO friendly content
- sales email texts to send to your mailing list
- strategies to increase the mailing list with potential contacts
- graphic banners for social networks and google adwords
- updates on new business proposals
- exclusive discount vouchers for the affiliate’s customers
- advice on the definition of a programme of promotional or advertising initiatives
- consulting and technical assistance for the management of the affiliate area and for the presentation of the library and commercial offers
Art.4 – distinctive signs and mentions
SHINE-LIBRARY grants the affiliate the use of the SHINE-LIBRARY’s trademark exclusively in the formats provided by SHINE-LIBRARY. The Affiliate may request SHINE-LIBRARY to create banners in specific formats. The affiliate undertakes to ensure that the SHINE-LIBRARY brand is mentioned in an appropriate manner.
Art.5 – methods of affiliation – supplies – payment
SHINE-LIBRARY will provide the affiliate with access to a reserved area through which the affiliate will obtain a unique ID and referral links, which will allow the affiliate to identify sales through cookies. To earn a commission, the purchase must be made from the affiliate link, or using the unique discount code, if any. Through his personal online area the affiliate will access the analysis and sales reports. The exact commission per sale may vary depending on the coupons and discounts used by the buyer. Commissions will not be earned on license upgrades (i.e. a particular case where a customer requests a license upgrade a posteriori). The affiliate system is managed through AffiliateWP’s plugin, developed by Sandhills Development, LLC which can make changes regardless of SHINE-LIBRARY’s wishes.
The Affiliate also accepts the following points:
- the duration of the cookies is 60 days; SHINE-LIBRARY can change it, also in agreement with the Affiliates. The commission goes to the last affiliate who sent the traffic.
- payments are made monthly through Paypal; the affiliate must then provide a valid paypal address
- the transaction fee depends on Paypal (3.4%+ €0.35) and may vary if the customer uses a specific credit card channel
- At the time of entering into this agreement, shine-library.com’s refund policies for customers submitting a refund request are as follows: “Once you have purchased and downloaded a music file, ShineLibrary cannot offer a refund unless an error has occurred. That said, some users may submit a refund or chargeback application; refunds are handled by shine-library.com and applications will only be considered if the user proves to have purchased a license in error, while requiring a different license. Chargebacks are handled directly by Paypal and do not fall under the responsibility of the merchant. In case of a refund or chargeback the commissions will not be calculated, or if already paid to the affiliate, they will be reversed from the next payment. If this is not possible, the Affiliate agrees to return the commission received (and not due because of the customer’s chargeback or refund request) no later than 30 days after the request by SHINE-LIBRARY.
- The commissions are valid on every single song and collection on shine-library.com except, of course, on the free songs.
- As shine-library.com is managed through a flat rate de-minimis Italian scheme not subject to VAT, SHINE-LIBRARY will pay the affiliate 50% of the proceeds net of transaction costs and taxes to be paid by SHINE-LIBRARY. These expenses and taxes amount in total to approximately 30% of the proceeds. The Affiliate agrees that, due to changes in the transaction or tax system, expenses and taxes may change in the future, without the responsibility of SHINE-LIBRARY.
Art.6 – obligations of the affiliate
The affiliate agrees to:
- safeguard, on behalf of SHINE-LIBRARY, the image and the rights of the same, inform him of any act carried out by third parties that constitutes a violation or danger of violation;
- to keep confidential, even after the termination of this agreement, all administrative, accounting and other confidential information coming from SHINE-LIBRARY or its appointees;
- not disclose to third parties the know-how made available by SHINE-LIBRARY;
Art.8 – duration and early termination
This agreement will last from the day of acceptance (stored through cookies) and will be tacitly renewed from year to year unless canceled by one of the two parties, to be communicated by written communication (registered letter, PEC or email) within one week from the date of cancellation.
Art.9 – transferability
Neither SHINE-LIBRARY nor the affiliate may transfer this contract to third parties except to companies of which they are the sole shareholder or majority shareholder and in any case upon written notice to the other party. This agreement is governed by Italian law. The Court of Ragusa is competent for any dispute that may arise between the parties.
Art.10 – effects of termination and/or termination of the relationship
In the event of termination and/or termination of this agreement, SHINE-LIBRARY shall pay the balance due in respect of the last period of cooperation and shall no longer pay anything to the affiliate in respect of any purchases made after the termination of the agreement, even if these are due to one of its ex-links. In serious cases, SHINE-LIBRARY reserves the right to request, and obtain, the removal of banners, contents and any other distinguishing marks received in fulfilment of this agreement by Shine-library.
Art.11 – Privacy
With this agreement SHINE-LIBRARY is expressly authorized to all intents and purposes provided for by the GDPR to use the personal data and related to the affiliate and its representatives with reference to the existing professional relationships with SHINE-LIBRARY.
