Creativebug Affiliate Program Terms and Conditions
Please read our Affiliate Program Terms and Conditions (the “Agreement” or Terms and Conditions”) closely. As a participant in our affiliate program, we thank you for complying with our standards so that both our affiliates and our customers have a rewarding and superior experience.
Whenever the word “you” or “your” is used, it means an Affiliate.
Whenever the word “include” or “including” is used, it means “including, without
limitation”.
Members are our Top Priority
Creativebug is committed to maintaining our brand integrity and high-quality site experience to ensure our members’ delight and satisfaction at every visit. As an affiliate, you must not use any deceptive practices which mislead visitors to your website. This includes misleading links and false advertising through the usage of expired offers, nonexistent coupons or other tactics that may be construed as “cookie stuffing”.
Brand and Trademark Guidelines
As an affiliate, you may only use the links, banners and other materials made available to you through ShareASale for the sole purpose of participating in the Creativebug Affiliate Program. Any other usage of our trademark(s), names, logo(s), and designs is strictly prohibited unless written permission is granted by
Creativebug.
Third Party Pay Per Click (PPC) Guidelines
As an affiliate, you may not bid on our trademark(s), our name(s) terms, including the different variations and spelling of “Creativebug” in search campaigns on Google, Yahoo, MSN or any other network or search engine. This prohibition includes using “Creativebug” with any search keyword (i.e. Creativebug offer, Creativebug discount, Creativebug promotion, etc.)
Commissions
Our standard commissions are stated below, but we reserve the right to (a) reverse commissions due to subscription cancellations or duplications made in error, (b) defer commissions for disputed subscriptions, and (c) refuse commissions for subscriptions that are not fulfilled, and (d) create additional offers affecting free trial length, and commission rate. For each affiliate referral who purchases a subscription to the Creativebug Unlimited Plan at $7.95 a month, affiliates will receive a 75% commission of the first month’s subscription price. Commission is paid on 7-day free trials that convert into a monthly subscription (free trials must convert to paid subscribers before commission will be paid).
For each affiliate referral who purchases a subscription to the Creativebug Unlimited Plus Plan at $9.95 a month, affiliates will receive a 75% commission of the first month’s subscription price. Commission is paid on 7-day free trials that convert into a monthly subscription (free trials must convert to paid subscribers before commission will be paid).
For each referral who purchases a multi-month subscription package, or a gift subscription, affiliates will receive a one-time 20% commission.
Compliance With Applicable Laws
As an affiliate, you must comply with all laws and regulations (federal, state or local) of any government authority with jurisdiction over you. This includes applicable laws governing marketing emails, the U.S. CAN-SPAM Act of 2003 and all other anti-spam laws.
Suspension
We reserve the right to suspend or remove affiliates from our program at any time, with or without cause. Upon termination or suspension for any reason, you must cease use of, and remove all links, banners, logos and all other material provided to you by us or through ShareASale.
Limitations of Liability; Time Period for Claims
CREATIVEBUG’S LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL COMPENSATION PAID TO YOU BY CREATIVEBUG. UNDER THIS AGREEMENT DURING THE YEAR IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY YOU AGREE THAT CREATIVEBUG WILL NOT BE LIABLE TO YOU, OR TO ANY THIRD PARTY (INCLUDING A CLAIM BY ANOTHER AFFILIATE), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM IN ADVANCE. THE LIMITS HEREIN SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
No action, suit or proceeding by one party against the other party will be brought more than one year after the termination of this Agreement.
Non-Infringement
You represent and warrant to Creativebug that: (i) you have the appropriate authority to operate, and to use any and all content on your website(s); (b) you have the appropriate authority in any promotional method you may choose to use; (c) your website(s) and your promotional methods do not and will not infringe a third party’s or Creativebug’s proprietary rights; and (d) you shall remain solely responsible for any and all websites owned or operated by you and for all of your promotional methods. At your own expense, you agree to defend, indemnify and hold Creativebug harmless from and against any claim, suit, action, proceeding, loss, damage, liability, cost and expense arising out of, or in connection with, a breach of the forgoing representation and warranty and any allegation that this Agreement or Creativebug’s relationship with you (or your website) violates a third party’s patent(s), copyright(s), trademark(s), trade name(s), trade secret(s) or other intellectual property rights.
General Provisions
Each party (“first party”) agrees to defend, indemnify and hold the other party harmless from and against any and all loss, damage, liability, cost and expense arising out of the first party’s (or its employee’s, agent’s, representative’s or contractor’s) acts or omissions.
Neither party will be liable for any failure or delay in performance or for damages arising from causes beyond the reasonable control and without the fault or negligence of the party, invoking this clause, including electrical outages, failure or delay of Internet service providers (including denial of service attacks), acts of God, extraordinary governmental acts, acts of terrorism, war, floods, extraordinary acts of nature, hurricanes, earthquakes, epidemics, quarantines, martial law, and strikes (but not strikes by the employees of the party invoking this clause).
You and Creativebug are independent contractors and nothing in this agreement will create any partnership, joint venture, or agency relationship. You have no authority to make or accept any offers, warranties, or representations on our behalf. You will not make any statement, whether on your site or otherwise, that
would cause confusion as to our relationship with you or otherwise contradict anything in these Terms and Conditions.
No waiver of any provision of this Agreement will constitute a continuing waiver, and no waiver will be effective unless made in a signed writing. Notices and other communications to you wills be posted on the Creativebug ShareASale Affiliate Program site or otherwise e-mailed to the email address provided in your application and will be deemed effective upon posting or emailing, as applicable. You are responsible for updating your contact information within the Creativebug Affiliate Program, and Creativebug has no responsibility for any inability to contact you due to obsolete or incorrect contact information or due to any spam filters or other communication blocking devices you may employ. Notice or other communications to Creativebug must be sent by email to support@creativebug.com. This Agreement may not be assigned or otherwise transferred by you without the express written consent of Creativebug.
These Terms and Conditions contain the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties, or undertakings by either of the parties, either oral or written, except as stated in this Agreement.
You represent that you have the authority and capacity to enter into this Agreement, including that all individuals executing this Agreement are 18 years of age or older.
Any dispute relating in any way to the Creativebug Affiliate Program must be submitted to confidential arbitration in San Francisco, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Creativebug’s intellectual property rights, Creativebug may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions will be conducted under the commercial arbitration rules then in effect for the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
The submission of your application constitutes your agreement to be bound by these Terms and Conditions.
