By signing up to be an Affiliate in the Piktochart Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up.
These Terms are a legal Agreement between Piktochart Sdn Bhd. a company registered in Malaysia, headquartered at 1-21-1 Suntech @ Penang Cybercity, Lintang Mayang Pasir 3, 11950 Bayan Baru, Penang, Malaysia, (“Piktochart”, “we”, “us”) and You (the “Affiliate”, “you”). By submitting the form to join the Piktochart Affiliate Program, you will be agreeing to the terms of this Agreement. In addition, by submitting that form, after typing in your name, e-mail, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your “signing” of this Agreement for all purposes under applicable law. Any individual submitting the form on behalf of another individual or entity, listed as the Customer above, does hereby represent and warrant that such Agreement is being made with full authority.
1. Definitions
“Company”, “Us”, “We”: As we describe above, well be referred to as the Company. Us, we, our,
ours and other first-person pronouns will also refer to the Company, as well as all employees or
legal agents of the Company.
“You”, the “Affiliate”: You will be referred to as the "Affiliate." You'll also be referred to
throughout this Agreement with second-person pronouns such as “You”, “Your”, or “Yours”.
“Parties”: Collectively, the parties to this Agreement (the Company and You) will be referred to
as "Parties" or individually as "Party."
“Affiliate Program or Program”: Refers to Piktochart Affiliate Program, the program we've set up for our Affiliates as described in this Agreement.
“Affiliate Application”: The fully completed form which must be provided to us for consideration
of your inclusion in the Affiliate Program.
2. General Terms
These terms regulate the provision of all services operated under Piktochart website https://www.piktochart.com and all sub-domains associated with the service (the “Service”). We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements, or changes to the Program, including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes.
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding Affiliate referral fee payments earned during the violation.
3. Nature of the Partnership
You are agreeing to sign up as an Affiliate of Piktochart to promote Piktochart’s services in exchange for a commission based on successful conversions.
You and Us are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, on your site or otherwise, that reasonably would contradict anything in this Agreement.
This Agreement does not create an exclusive relationship between You and Us. You are free to
work with similar Affiliate Program providers in any category unless otherwise explicitly agreed
to in writing. This Agreement imposes no restrictions on Us to work with any individual or
company we may choose.
4. Affiliate Application
By enrolling in the Program you agree that, at the time of registration, you will provide accurate and complete Registration Data and that you shall inform us of any changes in your registration data.
You must be 18 years of age or older to join this Program. The Company assumes no responsibility or liability for any misrepresentation of your age.
Each account is for use by either a single legal entity (e.g., a company or a partnership) or an individual user. We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.
You should not create more than one Affiliate account.
At our sole discretion, we may review your website following your acceptance of these Terms & Conditions.
At our sole discretion, we may choose to reject any application for any reason (and are under no obligation to disclose such reasons). Reasons for which an application may be rejected include, but are not limited to, content on your website that:
is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
facilitates or promotes violence, terrorism, or any other criminal activity;
is sexually explicit; or
infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.
5. The Affiliate Program
5.1 Promotional Methods
You promote Piktochart in a lawful and professional manner and will not make up false or untrue statements to promote the service.
You cannot resell Piktochart services unless you are signed up as an Affiliate or have direct permission from us. Piktochart shall not be branded under another name by you. It will remain “Piktochart”.
Once you have been notified that your site has been accepted into the Program, you may use any method or form of promotion you choose so long as it complies with the terms and conditions of this Agreement. Such as:
You should not use our advertising and promotional materials, trademark or name in a way that negatively affects our image.
Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “Piktochart” trademark or any other variations or misspellings confusingly similar to Piktochart trademark, name, logo or domain name, without our prior approval.
You shall not provide cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval.
You should not copy, alter or modify any icons, buttons, banners, graphics, files, or content contained in Piktochart’s links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
You should not engage in any blackhat SEO/spam link-building techniques in order to generate more referrals for Piktochart.
You should not post ads on offensive, illegal, hateful, pornographic, or otherwise distasteful websites.
You agree not to violate any applicable law.
Piktochart shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension, or termination of your Affiliate account and cancellation of all outstanding commission payments due.
5.1.2 Promotional Links
We grant you a limited, non-exclusive, and non-transferable license to use our Affiliate Promotional Links for placement on your site without modification, abridgment, or
embellishment for the sole and exclusive purpose of referring potential subscribers to Piktochart.
We reserve the right to revoke this license to use the Affiliate Promotional Links, in whole or
part, at any time.
You agree that you shall not bid on, register, or purchase search engine keywords,
domain names, or other identifying search terms or titles that are similar to the Trademarks
owned or controlled by the Company, or by any third party to promote your participation in the
Program.
You acknowledge that, by participating in the Program and/or using any of the Affiliate
Promotional Links, the Company may receive information from or about visitors to your site to
track Referrals.
5.1.3 Paid Search Terms
Trademark or brand-related bidding for advertisements is not permitted. Bidding on keywords and phrases containing the “Piktochart” trademark or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing, or others) without our prior approval is not permitted.
Affiliates may not use Piktochart trademarks, Piktochart product names or their variations or
misspellings in their advertising copy.
Creating paid campaigns on search engines leading to links under www.piktochart.com domain is forbidden (Google, Yahoo, MSN, Ask, Bing or others).
On social media, paid ads to www.piktochart.com domain are only allowed with the written consent of the Company.
Affiliates may not use Piktochart trademarks, Piktochart product names, or their variations or
misspellings in their advertising copy.
Piktochart has full discretion not to pay commissions on any transactions it believes to be generated by a violation of its search policies.
5.1.4 Affiliate Tracking
The affiliate cookie life has a time span that starts with the user’s click on the affiliate link and ends on the 60th day.
You should not use techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through.
6. Fees and Payments
You will receive 20% recurring commissions for referred customers as long as they stay as a customer.
Approved conversions are paid within 40-70 days. This is to ensure the legibility of the conversions (transactions are valid and are not refunded).
Piktochart reserves the right to change the commission structure and/or the payment terms at any time upon reasonable advance notice. Piktochart shall not be responsible for paying any commissions for a conversion created or owned in whole or in part by the Affiliates.
Piktochart is not liable for any taxes or other fees paid in accordance with purchases made from the user using the Service at Piktochart. The user takes full responsibility for all taxes and fees associated with the Service.
7. Termination
Piktochart may terminate this Agreement at any time, with or without cause, effective immediately upon notice.
Fraudulent or other unacceptable behavior, as defined by Piktochart, can result in the termination of the Affiliate relationship or the termination of the Affiliate account entirely without notice.
If the Agreement ends, all creative material, logos, links, together with all other materials provided by or on behalf must be returned to Piktochart, removed from the Affiliate’s websites, and deleted from Affiliate’s files.
8. Limitation on Liability
Piktochart is not liable for any loss or damages suffered in connection with the use of the Service.
In no event is Piktochart liable for any damages for loss of data, profit, or business interruption arising from the Affiliate Program. You will be solely responsible for any damages or loss to any party resulting from it.
9. Affiliate Obligations & FTC Compliance
You are responsible for ensuring the operation and maintenance of the Affiliate’s websites, including technical operations, written claims, links, and accuracy of materials. You must ensure that the Affiliate’s websites do not infringe upon any third party's intellectual property rights or otherwise violate any legal rights.
If you fail to comply with any of these terms of this Agreement, we have the right to terminate your participation in the Affiliate Program immediately. We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. The Federal Trade Commission requires that Affiliate relationships, such as the relationship between you and the Company, be disclosed to customers.
10. Governing Law
You are responsible for compliance with any applicable local laws. Any claim relating to this program is governed by the laws of Malaysia without regard to its conflict of law provisions.
