Partner Program Agreement

This Partner Program Agreement (the “Agreement”) is between you (“Partner” or “you”) and Sculptern LLC (“Sculptern,” “we,” or “us”) and governs your participation in the Sculptern partner program (the “Program”). You accept it when you apply. Our Terms of Service and Privacy Policy also apply to your use of our website and your account.

To take part you must be at least 18, live in the United States, and have a US bank account and a US taxpayer identification number. There is no fee to join and nothing to buy. You may hold one partner account.

We review every application and may approve or decline it at our discretion. Once approved, you receive a referral link and a referral code, and you may introduce businesses to Sculptern’s website service. You may not make offers, grant discounts, sign agreements, or collect payments on our behalf.

A business is credited to you (a “Referred Business”) when its owner creates a Sculptern account and:

• enters your referral code, or signs up within 90 days of following your referral link (if they followed several partners’ links, the most recent one counts); or, failing that,
• signs up with an email address you registered from your partner dashboard within the 90 days before their account was created (if several partners registered it, the earliest registration counts).

We may also credit a business to you by hand where the records show you introduced it. A business can be credited to only one partner. You can’t be credited for a business you own, work for, or belong to. Our records decide who is credited; if you believe a business was credited incorrectly, tell us and we will review it in good faith.

For each Referred Business you earn 50% of every payment it makes to Sculptern for its subscription, including the one-time website build fee charged with its first payment, excluding sales tax, for as long as the customer keeps paying. The rate and duration in effect when a business is credited to you apply to that business for as long as you earn on it; later changes to the Program apply only to businesses credited afterwards.

Commissions are earned only on money we actually collect. Nothing is earned on amounts paid with account credit, marked paid outside our payment processor, or never collected.

If a payment is refunded, or a customer disputes it and the dispute is lost, the commission on that payment is reduced by the same share. If the commission was already paid to you, the reduction is deducted from your later payouts; if a disputed payment is later recovered, the deduction is reversed. We may also record adjustments to correct mistakes; they appear on your statement with an explanation.

Each commission is held for 30 days after the payment it was earned on. Cleared commissions are paid at the start of each month, combined into one payment, through our payment processor Stripe. To be paid you must complete Stripe’s payout setup, which includes accepting Stripe’s terms for connected accounts, and keep it in good standing. We never receive your bank account details. We pay Stripe’s fees for these payouts.

If deductions exceed what you’re owed, nothing is paid until later commissions cover the difference. If we pay you more than you earned by mistake, you agree to repay the excess or have it deducted from later payouts.

You are responsible for all taxes on your commissions. Stripe collects your taxpayer information during payout setup, and we report payments to you as the law requires, including on Form 1099-NEC, delivered through your Stripe dashboard (electronically if you choose that option there, otherwise by mail). If the law requires us to withhold tax from a payment, such as backup withholding, we will.

You are an independent contractor, not an employee, agent, or representative of Sculptern. You decide whether, when, where, and how to look for businesses, use your own tools, pay your own expenses, and are free to work for others, including other companies. You receive no salary, benefits, or reimbursement, and there is no minimum you must achieve. Nothing in this Agreement creates a partnership, joint venture, or franchise.

You agree to follow every law that applies to how you promote Sculptern, and in particular:

• Identify yourself truthfully as an independent Sculptern partner. Never say or imply that you are a Sculptern employee, or that you represent Google, a government agency, or any other business.
• Make only truthful claims about Sculptern and its plans, as they are described on our website. Never promise search rankings, sales, results, prices, or discounts we don’t offer.
• Contact businesses about their business needs only — not individuals about purchases for personal use.
• Do not use automatic dialing systems, prerecorded messages, or artificial or AI-generated voices, and do not send bulk text messages, to any cell phone — including a business owner’s — without that person’s prior express written consent.
• Before calling a number that may be a residential line or a personal cell phone, check it against the National Do Not Call Registry. Honor every request not to be contacted immediately, and tell us so we don’t contact that business either.
• Call only between 8 a.m. and 9 p.m. in the recipient’s local time.
• Any commercial email you send about Sculptern must identify you, include a valid physical postal address and a working way to opt out, and honor opt-outs within 10 business days.
• Whenever you recommend Sculptern online, on social media, or in writing, clearly disclose that you earn a commission — for example, “I earn a commission if you sign up.”
• Never write, buy, or offer anything in exchange for reviews of Sculptern.
• Follow the telemarketing laws of your state and of the state you call into, including any registration they require.

You may describe yourself as a “Sculptern partner.” You may not use our name or logo in a way that suggests you are Sculptern, including in domain names, business names, or ads.

Use information about businesses and their owners only to introduce them to Sculptern, keep it secure, and don’t sell or share it. Only register a business with contact details you obtained lawfully.

You may leave the Program at any time by telling us. We may suspend or end your participation at any time, for example if we believe you broke this Agreement or the law. While your account is suspended or after it ends, you earn no new commissions. Commissions you already earned are still paid as they clear, except that commissions connected to a breach of this Agreement or the law are forfeited.

We may change the Program or this Agreement. We will give you notice of changes to how commissions are calculated or paid before they take effect. Changes to rates or durations apply only to businesses credited after the change. If you keep taking part after a change takes effect, you accept it.

We don’t guarantee that you will earn any amount. The Program is provided “as is.” To the maximum extent permitted by law, Sculptern’s total liability to you under this Agreement is limited to the commissions owed to you and not yet paid. You agree to indemnify Sculptern against claims arising from your breach of this Agreement or of any law in promoting Sculptern.

This Agreement is governed by the same law, and disputes are resolved in the same way, as set out in Section 16 of our Terms of Service. This Agreement, with those documents, is the whole agreement between us about the Program. If any part is unenforceable, the rest still applies. Questions: reach us through our Contact page.