Craftify AI Affiliate Program Agreement
Last Modified: Oct 5th, 2024
PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.
This is a contract between you (the “Affiliate”) and Craftify AI (“Craftify AI” or “we” or “us”). It describes how we will work together and other aspects of our business relationship. This is a legal document, so some language may be formal; however, we aim to make it as understandable as possible. The Affiliate Program Agreement applies to your participation in our Affiliate Program (the “Affiliate Program”). These terms are crucial, and we cannot allow you to participate unless you agree to them. We periodically update these terms, and we may also choose to replace them if the Affiliate Program changes, ends, or becomes part of another program. If we update or replace the terms, we will let you know electronically, which may include in-app notifications or email. If you do not agree to the update or replacement, you may choose to terminate as outlined below.
Definitions
- Affiliate Program: Our affiliate program as described in this Agreement.
- Affiliate Lead: A customer prospect who clicks on the Affiliate Link made available to you.
- Affiliate Link: The unique tracking link you place on your site or promote through other channels.
- Affiliate Policies: Policies applicable to affiliates that we may provide from time to time.
- Affiliate Tool: The tool we make available for you to use to participate in the Affiliate Program.
- Agreement: This Affiliate Program Agreement and all referenced materials.
- Commission: An amount described in the Affiliate Tool for each Customer Transaction.
- Customer: The authorized user of Craftify AI products who has purchased or signed up after being an Affiliate Lead.
- Customer Transactions: Transactions by Affiliate Leads that are eligible for Commission.
- Craftify AI Content: All information, data, text, messages, software, music, video, graphics, and tags that we incorporate into our services.
Non-Exclusivity
This Agreement does not create an exclusive agreement between you and us. Both parties are free to recommend similar products and services from third parties.
Affiliate Acceptance
Once you complete an application to become an Affiliate, we will review it and notify you of acceptance or rejection. We may require additional information before acceptance. If we do not notify you within thirty (30) days, your application is considered rejected.
If you are accepted, the terms and conditions of this Agreement apply until terminated as outlined below. Failure to complete enrollment criteria within thirty (30) days of acceptance will result in termination of this Agreement.
Customer Transactions
- Affiliate Program Limits: Each accepted Affiliate Lead will expire based on the information provided in the Affiliate Tool. Commission is paid for each new Customer who completes a Customer Transaction.
- Eligibility: To be eligible for a Commission, an Affiliate Lead must be valid, and a Customer Transaction must occur.
- Acceptance and Validity: You will only be eligible for Commission payments for Customer Transactions derived from valid Affiliate Leads generated by your Affiliate Link.
Commission and Payment
- Requirements for Payment: In order to receive payment, you must agree to the terms, create your account in the Affiliate Tool, provide a valid payment method, and complete all required tax documentation.
- Commission Payment: We or the Affiliate Tool will determine the payment currency and applicable conversion rate. Taxes and fees applicable to the Commission are your responsibility.
- Commission Cancellation for Refunds: If a Customer receives a refund for their purchase, any Commission paid or pending for that Customer Transaction will be cancelled and deducted from future Commission payments.
Training and Support
We may provide webinars and other resources as part of our Affiliate Program. We may change or discontinue these resources at any time without notice.
Trademarks
You grant us a nonexclusive, nontransferable right to use your trademarks in connection with the Affiliate Program. Likewise, if we provide our trademark for use, you must follow our usage requirements.
Proprietary Rights
Craftify AI retains all ownership rights in our products and content. You agree not to copy, distribute, or create derivative works based on our products unless expressly authorized.
Confidentiality
Each party agrees to protect confidential information disclosed by the other, not use it for purposes outside the scope of this Agreement, and not disclose it to third parties except as required by law.
Opt Out and Unsubscribing
You must comply with all opt-out, unsubscribe, and "do not send" requests.
Term and Termination
- Term: This Agreement applies as long as you participate in the Affiliate Program.
- Termination Without Cause: Either party may terminate this Agreement on fifteen (15) days' notice.
- Termination for Cause: We may terminate for cause upon notice if you breach any material term or engage in activities that negatively reflect on us.
- Effects of Termination: Upon termination, you must discontinue all use of our trademarks and references to the Affiliate Program.
Affiliate Representations and Warranties
You represent and warrant that you have sufficient rights to participate in the Affiliate Program and comply with applicable regulatory requirements. You will not use deceptive practices or mechanisms to generate Affiliate Leads.
Indemnification
You will indemnify, defend, and hold us harmless against third-party claims arising from your participation in the Affiliate Program, noncompliance, or misuse of Affiliate Tools.
Disclaimers; Limitations of Liability
- Disclaimer of Warranties: We make no warranties regarding the reliability, availability, or accuracy of our products or the Affiliate Program.
- Limitation of Liability: Our liability will be limited to the total Commission amounts earned by you in the twelve-month period preceding the event giving rise to the claim.
General
- Amendment: We may update this Agreement, and the updated version will be binding after we notify you.
- Applicable Law: This Agreement will be governed by the laws of [your jurisdiction].
- Notices: Notices will be delivered as per the contact information on file.
- Entire Agreement: This Agreement constitutes the entire agreement between us for the Affiliate Program.
Program Policies Page
We may change the Program Policies from time to time. Your participation is subject to these policies.
Assignment
You may not assign this Agreement without our prior written consent. We may assign this Agreement to any affiliate or successor.
Authority
Each party represents it has the authority to enter into this Agreement and that it is enforceable according to its terms.
Survival
Certain sections of this Agreement, including those regarding Commission, Proprietary Rights, Confidentiality, and Indemnification, will survive termination.
Data Processing and Protection
Both parties will process personal data in compliance with applicable data protection laws.