Catalyst Creatives Collective Agreement
Section 1: Definitions
This CATALYST CREATIVES COLLECTIVE AGREEMENT (“Agreement”) contains the complete terms and conditions between us, Nicole Shannon, LLC, doing business as Create Potential (“Create Potential”), and you, regarding your application to participate as a partner of Create Potential and the establishment of links from your website and social media profiles to our website, [createpotential.com].
BY PARTICIPATING IN CREATE POTENTIAL’s CATALYST CREATIVES COLLECTIVE PROGRAM YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Definitions. The following terms as used in this Agreement have the following meanings:
a. “We,” “Our,” “Us” refers to Create Potential.
b. “You,” “Your” and “Partner(s)” refers to the business, individual, or entity applying to or participating in the Catalyst Creatives Collective Program, and promotes Our Products and Services or promotions on their website and social media profiles via the partner tracking links in exchange for receiving remuneration from Us for sales resulting from such displays.
c. “Partner Site” means Your website which displays Our Products and Services or promotions.
d. “Referral Compensation” or “Compensation” mean the monetary compensation You will receive for each Qualified Purchase by a Referred Customer that you refer to Us under and in accordance with this Agreement.
e. “Our Products and Services” means the range of products and services offered by Create Potential that are available for affiliation.
f. “Qualified Purchase” means a sale of Our Products and Services by Us to a Referred Customer that meets the criteria set forth in Section 6 of this Agreement.
g. “Referred Customer” means each new and unique customer referred from You through a Link (defined in Section 3 below) provided by or approved by Us that meets the criteria set forth in Section 6 of this Agreement.
Section 2: Enrollment in the Catalyst Creatives Collective
Enrollment in our partner network, the Catalyst Creatives Collective. To begin the enrollment process as a Catalyst Creatives Collective partner of Create Potential, you must complete and submit an application to the program. We will review your application and notify you of your acceptance or rejection in a timely manner. We may reject your application at our sole discretion if we determine your site is unsuitable for the Catalyst Creatives Collective. If we reject your application, you agree not to reapply to the Catalyst Creatives Collective using the same or a different domain name/URL.
Section 3: Promotion
Promotion.
a. Upon your acceptance as a Catalyst Creatives Collective partner, we will provide you with referral links (“Links”), which are subject to the terms and conditions of this Agreement. These Links identify your site or platform as a member of the Catalyst Creatives Collective and establish trackable activity for promoting Our Products and Services.
b. You may display on your site, social media, or other approved channels (i) graphic or textual images that we provide, or (ii) content you create, including videos, testimonials, reviews, or written material, provided that such content is accurate, authentic, and compliant with Section 31 of this Agreement. Any use of our trademarks, logos, or brand-specific images outside of the approved materials requires our prior written consent.
c. Affiliates are expected to uphold the Create Potential brand by producing content that is professional, respectful, and consistent with our values and brand guidelines. Content that appears misleading, offensive, or misaligned with our identity (including low-quality, “spammy,” or unprofessional presentations) is not permitted.
d. You may not engage in cookie stuffing, misleading advertising, or unauthorized linking methods. Any self-created content must truthfully represent Create Potential’s products and services and comply with FTC endorsement guidelines.
Section 4: FTC Endorsement Compliance
FTC Endorsement Compliance. You agree to comply fully with all Federal Trade Commission regulations related to advertising, including but not limited to, the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising. This means that material connections between advertisers and endorsers (such as the Partner relationship here) must be disclosed. We reserve the right to withhold Referral Compensation and terminate this Agreement if we determine, at our discretion, that you are not in compliance with the FTC guidelines or any other regulations.
Section 5: Order Processing
Order Processing. We will process orders placed by a Referred Customer who follows your Partner Links to createpotential.com. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including service, cancellation, processing, refunds, and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Partner Site and will make this information available to you through our partner system. You must ensure that the Links between your website and our website are properly formatted to allow for accurate tracking and reporting of Compensation accrual.
Section 6: Compensation Determination
Compensation Determination.
a. Referral Compensation. Under our Partner Program, you will be paid a 30% Referral Compensation for each Qualified Purchase by a Referred Customer, as calculated in accordance with this Agreement.
b. Criteria for Qualified Purchase. Each Referred Customer must:
1. visit our checkout using a valid partner link provided by you;
2. complete payment in full for a Product or Service;
3. be an active, qualified customer at the time of processing; and
4. not have had the order refunded, cancelled, suspended, credited, or charged back.
c. Fraud and Misrepresentation. We reserve the right to withhold, deduct from, or invalidate Referral Compensation for any purchases or activities suspected to be:
• fraudulent;
• self-referrals or “cookie stuffing”;
• generated using automated tools that create fictitious or fake data; or
• otherwise inconsistent with ethical partner behavior.
d. Delayed and Final Compensation Testing. We will withhold the Referral Compensation for 37 days to account for refunds, cancellations, or chargebacks. Only validated Referral Compensation count toward payment, and final determination occurs at the close of each payment cycle.
e. Attribution, Cookie Duration, and Last‑Click Rule.
1. Partners shall receive credit and Compensation for a Qualified Purchase only if the Referred Customer’s purchase clicks the partner link and is tracked by our system within 30 calendar days (the “cookie window”) of the last click.
2. We follow a last-click attribution model—whichever partner’s link the customer clicks most recently within the cookie window will be credited with the sale, regardless of earlier clicks by other partners. If multiple partner links are clicked, only the one clicked last (and still within 30 days) is eligible for the Compensation.
3. If the cookie window expires before purchase (or is removed), or if no valid partner link click is recorded (e.g. conversions via manual email, non‑tracked coupons, or cleared browser cookies), no Compensation will be paid.
4. This clause ensures transparency and fairness, consistent with standard industry practice and partner‑platform governance.
Section 7: Referral Compensation Accrual and Payments
Referral Compensation Accrual and Payments.
a. Referral Compensation will be paid on Qualified Purchases that occur during the month, processed approximately 30 days after the end of that month.
b. Compensation accrue and become payable once you (i) provide all required tax and payment documentation and (ii) reach a Compensation level of $10 (the “Compensation Threshold”). Compensation for Qualified Purchases are subject to the terms laid out in this Agreement. Compensation is paid out via Paypal on a monthly basis.
c. We reserve the right to modify the Compensation Threshold by amending this Agreement and will notify you of any such changes.
Section 8: Payment Forms/Types
Payment Forms/Types.
a. Referral Compensation shall be paid based on the current information in your Partner profile. You are responsible for keeping your contact and payment information up to date in your Partner profile.
b. You agree to file any disputes regarding tracking or Compensation discrepancies within 45 days after the end of the month in which the dispute arose. Disputes filed after this period will not be accepted, and you forfeit any potential claims.
Section 9: Taxes/Address Changes
Taxes/Address Changes.
a. It is your responsibility to provide us with accurate tax and payment information necessary to issue a Referral Compensation to you. If we do not receive the necessary tax or payment information within 90 days of a Qualified Purchase, the applicable Compensation will not accrue and no Referral Compensation will be owed for such Qualified Purchase.
b. If requested, you must provide us with a completed W8/W9 tax form.
c. You are responsible for the payment of all taxes related to the Compensation you receive under this Agreement. In compliance with U.S. tax laws, we will issue a Form 1099 to you if your earnings meet or exceed the applicable threshold.
d. You are responsible for informing us of any changes to your postal and email addresses, as well as any changes to your name, email address, contact information, tax identification number, or other personal information that will impact our ability to issue you a valid Compensation payment.
Section 10: Reports of Qualified Purchases
Reports of Qualified Purchases. You may log into your Partner profile to review your click-through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Referral Compensation may not be issued on all Referred Customers that appear in your Partner profile.
Section 11: Obligations Regarding Your Site
Obligations Regarding Your Site.
a. You will be solely responsible for the development, operation, and maintenance of your Partner Site and for all materials that appear on your Partner Site. This includes ensuring that materials posted do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal.
b. We reserve the right to monitor your Partner Site at any time to determine if you are in compliance with the terms of this Agreement. Non-compliance may result in termination of this Agreement.
Section 12: Our Responsibilities
Our Responsibilities. We will be responsible for providing all necessary information to allow you to make appropriate Links from your site to our site. We will solely handle order processing, including but not limited to payment processing, cancellations, refunds, and related service for orders placed by Referred Customers following a Link from your site.
Section 13: Policies and Pricing
Policies and Pricing. Customers who buy our Products and Services through your Partner Links will be deemed to be our customers. All of our rules, policies, and operating procedures concerning orders and sales will apply to these customers. We reserve the right to change our policies, operating procedures, and prices at any time.
Section 14: E-mails and Publicity
E-mails and Publicity. You must not send bulk electronic mail messages (also known as "SPAM") promoting our Products and Services without our prior written consent. You may only send emails containing a Create Potential partner link to those who have consented to receive such emails. Failure to comply with this policy or the CAN-SPAM Act of 2003 will result in immediate termination of this Agreement and forfeiture of any accrued Compensation.
Section 15: Licenses and Use of Our Logos and Trademarks
Licenses and Use of Our Logos and Trademarks.
a. Subject to the limitations of this Agreement, we grant you a non-exclusive, non-transferable, revocable license to access our site through the Links and to use the Create Potential trademark and logo as provided by us for the sole purpose of selling our Products and Services on your Partner Site. You may not alter or modify these materials.
b. You grant to us a non-exclusive license to utilize your names, titles, and logos, to advertise, market, promote, and publicize our rights under this Agreement. This license will terminate upon the expiration or termination of this Agreement.
Section 16: Term of the Agreement
Term of the Agreement.
a. This Agreement will begin upon our acceptance of your Catalyst Creatives Collective application and will end when terminated by either party. You are eligible to earn Referral Compensation only on sales occurring during the term of the Agreement.
b. Termination can occur at any time, with or without cause, by either party. Upon termination, any unpaid Referral Compensation earned through the date of termination will remain payable, provided the sales are not canceled and comply with the terms laid out in this Agreement.
Section 17: Modification
Modification. We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include changes in the scope of available Referral Compensation, Compensation schedules, payment procedures, and Catalyst Creatives Collective program rules. Your continued participation in the program after such modifications shall constitute your consent to such changes.
Section 18: Disclaimers
Disclaimers. We make no express or implied warranties or representations with respect to the Catalyst Creatives Collective program or any products sold through the program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). Additionally, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Section 19: Relationship of Parties
Relationship of Parties. You and Create Potential are independent contractors. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf.
Section 20: Representations and Warranties
Representations and Warranties. You represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. You also represent and warrant that your participation in this program does not and will not violate any law, regulation, or agreement to which you are subject.
Section 21: Limitation of Liability
LIMITATION OF LIABILITY. We will not be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Catalyst Creatives Collective program, even if we have been advised of the possibility of such damages.
Section 22: Indemnification
Indemnification. You agree to indemnify, defend, and hold harmless Create Potential and its partners, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of your breach of this Agreement or your participation in the Catalyst Creatives Collective program.
Section 23: Confidentiality
Confidentiality. Both parties agree to keep the terms of this Agreement and any confidential information in connection with this Agreement strictly confidential. This obligation of confidentiality will survive the termination of this Agreement.
Section 24: Independent Investigation
Independent Investigation. You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time solicit partner relationships on terms that may differ from those contained in this Agreement.
Section 25: Integration
Integration. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral.
Section 26: Governing Law
Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the United States and the State of South Carolina where Create Potential is registered, without regard to the conflicts of laws principles thereof.
Section 27: Dispute Resolution
Dispute Resolution.
a. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to first submit the matter to good faith mediation administered by a mutually agreed upon mediator. The mediation shall take place in Greenville, South Carolina, unless otherwise agreed in writing, and the costs shall be shared equally by the parties.
b. If the dispute is not resolved through mediation within thirty (30) days of initiation, the matter shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall also take place in Greenville, South Carolina, unless otherwise agreed in writing. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. The parties agree that mediation and arbitration shall be the exclusive means of resolving disputes, and they expressly waive the right to bring any claim in court or to a jury trial, except to enforce an arbitration award or seek injunctive relief.
Section 28: Entirety of Agreement
Entirety of Agreement. This Agreement, along with any appendices, schedules, or amendments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Section 29: Intellectual Property Rights
Intellectual Property Rights.
a. You acknowledge and agree that all intellectual property rights in and to our Products and Services, including any modifications or enhancements thereof, shall remain the sole property of Create Potential.
b. You shall not make any claim to these intellectual property rights and shall not use these rights except as expressly permitted under this Agreement.
Section 30: Brand Guidelines
Brand Guidelines.
a. Partners must follow the brand guidelines of Create Potential when using logos, trademarks, or other brand-related materials in promotional activities.
b. This includes adhering to the stipulated marketing practices, messaging, and visual identity guidelines.
Section 31: Product and Service Claims
Product and Service Claims.
a. You agree to accurately represent Create Potential’s products and services without making false, misleading, or unsubstantiated claims.
b. Affiliates are encouraged to share authentic experiences and may create their own promotional content—including testimonial videos, reels, blog posts, podcasts, and social media stories—so long as such content:
1. Reflects your genuine experience or belief in the product or service.
2. Meets a reasonable standard of quality and professionalism, aligned with Create Potential’s brand guidelines.
3. Complies with applicable laws and FTC endorsement and disclosure requirements.
4. Does not misrepresent features, benefits, or results of Create Potential’s offerings.
c. Affiliates may use the Create Potential name and trademarks within self-generated content for the purpose of accurate promotion, provided such use is respectful, relevant, and consistent with Create Potential’s brand guidelines.
Section 32: Agreement Acknowledgement
BY PARTICIPATING IN THE CREATE POTENTIAL CATALYST CREATIVES COLLECTIVE PROGRAM, YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. program terms.
