KIX’IES INC. AFFILIATE PROGRAM TERMS OF SERVICE AGREEMENT
By registering as an Affiliate in the Kix’ies Inc. Program (“Program”), you agree to comply with the following Terms of Service. Kix’ies Inc. may update or modify these Terms at any time without prior notice. Any new features that expand or enhance the Program, including new tools or resources, will also be subject to these Terms. Your continued participation in the Program after such changes constitutes your acceptance of them.
Any violation of the Terms below may result in the termination of your account and the forfeiture of all affiliate commissions earned during the period of violation. You acknowledge and agree that you participate in the Affiliate Program at your own risk.
ACCOUNT TERMS
You must be at least 18 years old to participate.
Only individuals may register; accounts created by “bots” or automated systems are prohibited.
You must provide your legal full name, a valid email address, and any additional information requested during signup.
Your login credentials may only be used by one person; shared logins are not permitted.
You are solely responsible for maintaining the security of your account and password. Kix’ies Inc. is not liable for any loss or damage resulting from your failure to safeguard this information.
You are responsible for all content posted and all activity occurring under your account.
No individual or legal entity may maintain more than one account.
You may not use the Affiliate Program for any illegal or unauthorized purpose, nor violate any laws applicable to you (including copyright laws).
You may not use the Affiliate Program to earn commissions on your own Kix’ies Inc. product purchases.
You may not use paid search terms such as “kixies,” “kix’ies,” or “club kix’ies.”
LINKS/GRAPHICS ON YOUR SITE, EMAILS, OR OTHER COMMUNICATIONS
Upon approval as an Affiliate, you will receive a unique Affiliate Code. You may place links, banners, or other graphics that include your Code on your website, emails, or other communications. We will provide guidelines, link formats, and artwork for use in linking to Kix’ies Inc. We may change the artwork at any time without notice, but will not alter image dimensions without proper notice.
To ensure accurate tracking, reporting, and commission credit, we will provide special link formats that must be used in all links between your site and Kix’ies Inc. Properly formatted “Special Links” are required for earning commissions. We are not responsible for any failure to use Special Links or for incorrectly entered affiliate codes, including any resulting loss of commissions.
Affiliate links must direct users to the specific product page being promoted.
REFERRAL FEES/COMMISSIONS AND PAYMENT
To earn a referral fee, a customer must click a Special Link from your site, email, or communication to https://www.kixies.com and complete a product purchase during the same session.
Commissions are paid only on sales that are automatically tracked by our system. We will not pay commissions for untracked purchases, including instances where someone claims to have used your link or code but the system did not record it.
You may not purchase products for your own use through your affiliate links. Doing so may result in withheld commissions and/or termination of this Agreement.
YOUR RESPONSIBILITIES
You are solely responsible for developing, operating, and maintaining your site and all materials on it, including but not limited to:
– Technical operations and all related equipment
– Ensuring that your use of Special Links complies with any agreements or restrictions imposed by third-party site hosts
– Accuracy, truthfulness, and appropriateness of all posted materials (including product-related content and any information associated with Special Links)
– Ensuring your content does not infringe upon any third-party rights (copyright, trademarks, privacy, etc.)
– Ensuring your content is not libelous or illegal
– Clearly disclosing, through a privacy policy or other method, how you collect, use, store, and disclose visitor data, including disclosures that third parties may serve ads, collect information, and place cookies
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, regulations, and requirements of any governing authority while participating in the Program. This includes compliance with all laws governing marketing emails, such as the CAN-SPAM Act of 2003 and other anti-spam regulations.
TERM OF THE AGREEMENT AND PROGRAM
This Agreement begins when we accept your application and continues until terminated by either party. Either you or Kix’ies Inc. may terminate the Agreement at any time, with or without cause, by providing written notice.
Upon termination, you must immediately remove all links to www.kixies.com, as well as all Kix’ies Inc. trademarks, logos, and materials provided to you. Kix’ies Inc. reserves the right to terminate the Program at any time. If the Program ends, any outstanding earned commissions will be paid.
TERMINATION
Kix’ies Inc. may suspend or terminate your account at its sole discretion, at any time and for any reason. Termination may include deletion of your account, revocation of access, and loss of any unpaid commissions earned through fraudulent, illegal, overly aggressive, or questionable marketing practices. Kix’ies Inc. reserves the right to refuse service to anyone at any time.
RELATIONSHIP OF PARTIES
You and Kix’ies Inc. are independent contractors. Nothing in this Agreement establishes a partnership, joint venture, agency, franchise, sales representative relationship, or employment. You may not make offers or representations on behalf of Kix’ies Inc. and must not suggest otherwise.
LIMITATIONS OF LIABILITY
We are not liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data related to this Agreement or the Program, even if we have been advised of the possibility of such damages. Our total liability will not exceed the amount of referral fees paid or payable to you under this Agreement.
DISCLAIMERS
We make no express or implied warranties regarding the Program or products sold through it, including warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising from course of performance or trade practice. We do not guarantee uninterrupted or error-free operations of Kix’ies Inc. and are not responsible for consequences of interruptions or errors.
INDEPENDENT INVESTIGATION
You acknowledge that you have read this Agreement and agree to all its terms. You understand that we may solicit customer referrals under terms different from those in this Agreement and may operate or participate in websites that compete with yours. You have independently evaluated the Program and are not relying on any representation or guarantee not expressly stated in this Agreement.
ARBITRATION
Any dispute relating to this Agreement—including alleged breaches, activities under this Agreement, or your relationship with us or our affiliates—must be submitted to confidential arbitration. However, if you violate or threaten to violate our intellectual property rights, we may seek injunctive or other relief in state, federal, or other courts of competent jurisdiction, and you consent to such jurisdiction.
Arbitration will follow the rules of the American Arbitration Association. The arbitrator’s decision is binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, arbitration under this Agreement may not be joined with another party’s arbitration.
MISCELLANEOUS
This Agreement is governed by U.S. law. You may not assign this Agreement without our written consent. Subject to this restriction, the Agreement binds and benefits both parties and their successors and assigns.
Our failure to enforce strict performance of any provision does not constitute a waiver of our rights. These Terms constitute the entire agreement between you and Kix’ies Inc. regarding the Program and replace all prior agreements, including previous versions of the Terms of Service.
