Affiliate Terms and Conditions
As an authorized affiliate (Affiliate) of The Kive Company dba Artkive (Artkive), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to by your own website or personal referrals.
By signing up for the Artkive Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
2. Commissions
Commissions will be paid once a month with set commission rate decided prior to launch.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks, fraud or refunds will not be paid out.
Fraud terms are disclosed below
3. Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons: Artkive reserves the right to reject any web site or affiliate if we determine, at our sole discretion and following our review of your site or marketing efforts, that your site or marketing efforts are unsuitable for any reason. This may include but are not limited to:
Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Self-referrals, fraudulent transactions, suspected Affiliate fraud.
Operating or utilizing a Web site or e-mail link to Web sites that contain or promote any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a Web site(s) that do so.
The use of spyware, adware, malware, toolbars or any other form of parasitic or stealth software.
Engaging in cybersquatting or typo squatting
Engaging in fraudulent activity
4. Prohibited Website Content
This includes but is not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or that includes or promotes sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
5. Coupons and Promotional Codes
Affiliate may only use coupons and promotional codes that are provided exclusively through the affiliate program.
In addition to the foregoing, Artkive reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
6. Fraudulent Activity
Artkive has the right to return any sales deemed fraudulent. Fraudulent traffic will be defined as the following:
Fake or Bot generated CC'd purchases or incorrect billing addresses.
Multiple purchases for similar or same amounts from same IP address.
Any sales Artkive deems fraudulent by terms of contract set forth.
If sales are deemed fraudulent, Artkive will suspend the affiliate and cancel commissions immediately.
7. Notice to Change of Terms
Artkive withholds the right to suspend the affiliate immediately and cancel commissions if they have driven fraudulent sales or if they are in breach of any terms and conditions set forth.
If the affiliate drives a sudden spike in traffic /sales, Artkive will contact the affiliate to ask how they are promoting.
Artkive requires feedback within 24-hours otherwise they may suspend the affiliate from the program and pause commissions until they understand how the affiliate promoted the program.
For any other reason, Artkive will provide 3-days’ notice before adjusting commissions on the partner program.
8. Prohibited Website Content
This includes but is not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable, or that includes or promotes sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Unless otherwise approved in writing, Affiliate shall not use, cloak or mask the following URL listings in paid search placements: Artkive or any subdomain of Artkive. Furthermore, unless otherwise approved in writing, Affiliate may not direct traffic to any website that incorporates the terms above in any display URL listing
9. Coupons and Promotional Codes
Affiliate may only use coupons and promotional codes that are provided exclusively through the affiliate program
Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
Affiliates may not generate pop-ups, pop-under, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
10. Utilization of Affiliate Promotional Links:
We hereby grant you 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 Artkive. We reserve the right to revoke this license to use the Affiliate Promotional Links, in whole or part, at any time.
We reserve the right to require you to modify your use of the Affiliate Promotional Links following review of your site. If we issue formal policies and rules in connection with the usage of the Affiliate Promotional Links, you agree to promptly conform your use of the Affiliate Promotional Links to said policies, as same may be amended from time to time.
You may not use Affiliate Promotional Links to market, promote, or endorse the goods, services, and/or cause of any other individual or entity or to otherwise benefit any third party.
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 Artkive, or by any third party to promote your participation in the Program.
In utilizing the Affiliate Promotional Links, you agree that you will cooperate fully with us in order to establish and maintain the consistency and integrity of such Affiliate Promotional Links as they may be modified, enhanced, expanded, curtailed or eliminated from time to time by us, in our sole and unlimited discretion.
You acknowledge that, by participating in the Program and/or using any of the Affiliate Promotional Links, Artkive may receive information from or about visitors to your site to track Referrals.
Search Campaign
11. Paid Search Policies
The affiliate program prohibits bidding on following types of terms: Brand terms, including misspellings and variations. Failure to comply with our search policies may lead to the removal of the program and the reversal of commissions.
12. Trademark Terms:
Affiliate must add "name " and "name product" as negative keyword matches on any generic terms. Affiliates are not permitted to use trademarked terms in their display URL. Publishers that violate these terms and conditions risk deactivation from the program and loss in commissions. The use of toolbars or browser plug-ins for the purpose of applying a cookie or redirecting traffic is prohibited.
Any affiliates found to be using said functionalities and marketing tools will be removed from the program with accrued commissions reversed. Publishers may not bid on registered trademarks, or registered URLS (including variations, abbreviations or misspellings of same) of Artkive. Publishers may not bid on "Artkive+coupon" or "Artkive+Coupon Code".
Publisher will not use direct links to any Artkive site, use a registered “Artkive.com domain, or term “official site” when referring to Artkive in search marketing. Permission to use the Artkive brand, or bid on trademark terms, may be obtained with expressed written permission only.
13. Paid Search Terms:
Trademark or Brand-related- Bidding is NOT PERMITTED and Affiliate is NEVER allowed to outrank or outbid Artkive on any keywords.
Media partner may never use any domain names that are owned by Artkive for any DISPLAY URL listings used in paid search campaigns. Nor may they CLOAK or MASK these URL’s in paid search campaigns.
Affiliate may also direct link to any pages on the Artkive owned domain.
Media partners must not use the word “official” in connection with the Artkive owned property’s name in domain names, search ads, or on landing pages.
Confidentiality: This document including its contents and/or any attachments is deemed confidential. The Affiliate may not disclose, disseminate, distribute, or forward this document and/or any related attachments or future related materials or work product to any other parties.
Violation of Search Policy: will not pay commissions on any transactions that it believes to be generated by a violation of its search policies.
Artkive Trademarks:
For the purposes of this Agreement, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Artkive.
Nothing contained herein grants or shall be construed to grant you any rights to use any Trademark, except as Affiliate Promotional Links placed on your site.
You agree that you will not use our Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Company Name. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any Trademarks or the Trademark rights claimed by Artkive.
You agree that you will not use any Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data, except pursuant to policies and rules issued by Artkive, if any, in connection with the Program.
You may not at any time, adopt or use, without Artkive’s prior written consent any word or mark which is similar to or likely to be confused with Artkive’s Trademarks, except as Promotional Links placed on your site.
The look and feel of the Artkive website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Artkive and may not be copied, imitated or used, in whole or in part, without the prior written consent of Artkive, except as Promotional Links placed on your site.
You may not use a Trademark, logo, image or other proprietary graphic of Artkive to link to the Artkive website without the prior written consent of Artkive, except as Affiliate Promotional Links placed on your site and used in compliance with the terms of this Agreement.
You may not frame or hotlink to the Artkive website or any image other than your own without the prior written consent of Artkive.
You may not use any Trademarks to market, promote or endorse the goods and/or services or cause of any other individual or entity without our prior express permission in writing, signed by an authorized officer of Artkive.
14. Use of Logos and Trademarks in Web sites
Affiliates are authorized to use Artkive logos and creatives provided directly by the affiliate network or from the Artkive.
15. Non-Commissionable Items
Sales tax and shipping fees are non-commissionable.
16. Liability
Artkive will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Artkive. We make no claim that the operation of the Program and/or our website(s) will be error-free, and we will not be liable for any interruptions or errors.
17. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any changes.
18. Indemnification
Affiliate shall indemnify and hold harmless Artkive and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Artkive to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
19. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Artkive affiliate program. You indicate your acceptance of this Agreement and all the terms and conditions contained or referenced in this Agreement by completing the CJ Affiliate and/or Artkive application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
