Creative Pixels Media (“Company”), operates the creativepixelsmedia.com Web site. As part of its Web site, Creative Pixels Media offers the Creative Pixels Media Affiliate Program (the “Program”), through which approved Publishers providing marketing services through owned or third party websites, subscription services, promotional services, and/or syndicated services are granted a limited, non-exclusive right to: advertise and promote Creative Pixels Media goods and services and the Creative Pixels Media web site in a manner in compliance with this Agreement (defined below) and the Publisher Service Agreement between Publisher and Creative Pixels Media post or circulate an approved graphical or textual internet hyper-link (the “Link”) to the Creative Pixels Media web site; and direct visitors to the web site (the specific URL) designated by Creative Pixels Media (the “Destination Site”). Creative Pixels Media and Publishers are parties to agreements.
Publishers are offered the opportunity to earn a commission for referring visitors to the Creative Pixels Media web site who complete the Transaction required under the Program on the Creative Pixels Media’s Destination Site. The commission rate is set forth within the Creative Pixels Media Affiliate Program page and may be changed from time to time by Creative Pixels Media with seven (7) days written notice with effect from the 8th day (or such later date as specified by Creative Pixels Media). Payment of commissions earned by Publisher for valid Creative Pixels Media transactions shall be made by Creative Pixels Media via Square Cash to any US-based affiliate with a valid US-based debit card.
Valid Creative Pixels Media Transactions are defined as successful purchase transactions of qualified products taking place in the Creative Pixels Media shopping cart.
Publisher is eligible for commissions on the initial purchase of services only, any additional or subsequent purchases, including the customer’s addition of accounts or upgrades are not eligible. Renewals of existing services are not eligible for commissions unless negotiated in writing directly between affiliate and Creative Pixels Media.
New customer transactions will be tracked separately from returning customer transactions and will be paid according to the commission amounts listed in the Program Terms.
Services must remain open and paid for a period of 90 days in order to be eligible for commissions.
Participation in the Program is subject to Creative Pixels Media’s approval. Prospective Publishers must first submit an application to Creative Pixels Media in order to become an approved Publisher eligible to post Links to the Creative Pixels Media Web site and earn commissions. After the application has been submitted, Creative Pixels Media will have the option of approving or declining the application for any reason or no reason.
If approved, the Publisher/You will have already acknowledged acceptance of this Agreement by having clicked through the “Join Program” button, having checked the box stating “Yes, I have read and accepted the following terms and conditions” (or as otherwise described by Creative Pixels Media) and having clicked the button to continue, thereby assenting to the Special Terms and Conditions of the Program between Creative Pixels Media and Publisher (also referred to as this “Agreement”). This Agreement shall apply only to approved Publishers who accept the Special Terms and Conditions of the Program and only Publishers who accept this Agreement may participate in the Program.
Other than for the payment of commissions, Publisher shall have no claims to any additional compensation, commissions or business derived by or through a Destination Site.
Participation in the Program does not constitute an employment, broker or agency relationship between Publisher and Creative Pixels Media nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
3. Advertising Requirements and Exclusions
You agree to use only the Creative Pixels Media-approved banners and ad text found within the Program. You will not alter or revise Creative Pixels Media’s creatives, content or Links without prior approval. Publishers must obtain express written authorization from Creative Pixels Media regarding the use of any custom creatives or use of any Creative Pixels Media intellectual property.
You agree to only use coupon codes that are specifically supplied to You through the Program. Any and all commissions earned on sales in violation of the above coupon code policy, will be reversed. Creative Pixels Media does not pay commissions on purchases made by customer with the following coupon codes: a coupon code not supplied through Program, a coupon code from an internal Creative Pixels Media or private discount code, a coupon code supplied in Creative Pixels Media customer emails, and any coupon that states on its landing page that it is “not compatible with the affiliate program”.
You agree to assume all responsibility for, and risk associated with, all content you submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available in connection with your participation in the Program. This includes any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such content. You warrant and represent that you possess all legal right to, or have obtained all necessary permissions to use any and all content you make available or use in connection with your participation in the Program.
You agree that the use of “cookie stuffing” techniques that set the tracking cookie without the user actually clicking on the affiliate link (e.g. a 1×1 pixel iframe) is strictly prohibited.
You agree not to refer visitors or complete Transactions through illegal or fraudulent means, including, without limitation: (i) domain speculation; (ii) email, forum, blog or social media SPAM; forced iframes; through CPC ads using the Creative Pixels Media marks or in any way exploiting the Creative Pixels Media brand name; or through any other means which Creative Pixels Media determine, in their sole discretion, is questionable;
You agree that Your web site shall not in any way copy or resemble the look and feel of Creative Pixels Media’s web site, and You shall not create the impression that Your site is a part of Creative Pixels Media’s sites. You shall not use Creative Pixels Media’s trademarks, or any variation or misspellings thereof, in Your URL, company name, business name or site name. You shall not frame or permit the framing of any page of Creative Pixels Media’s network.
You may not use any mark of Creative Pixels Media or any variation thereof, in any manner not expressly authorized by this Agreement. In particular, You may not use any mark of Creative Pixels Media, or any variation thereof, directly or indirectly in (a) metatags, (b) in hidden text, page titles or source code, (c) in Your domain or sub-domain, and/or (d) any other manner. You may not engineer Your site in such a manner that pulls Internet traffic away from Creative Pixels Media’s website. You agree to not utilize, advertise or otherwise promote, any mark of Creative Pixels Media in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising. Unless You have explicit, written approval from Creative Pixels Media, You may not bid on any mark of Creative Pixels Media (including trademark+), on any pay-for-placement search engines. If Creative Pixels Media determines, in its sole discretion that You have violated any of the foregoing prohibitions, Creative Pixels Media may seek any and all remedies available to it, including, among other things, the immediate termination of this Agreement and/or the commencement of an action by Creative Pixels Media against You seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. Further, You acknowledge and agree that You shall have no right to receive any commissions on any sales You generate or assist in generating during any times when You are in violation of this Agreement or other policies of Creative Pixels Media.
Publishers are required to comply with all Federal Trade Affiliate Commissions regulations related to advertising, including, without limitation, Federal Trade Affiliate Commission 16 CFR 255, which, in part, requires that material connections between advertisers and endorsers be disclosed. Essentially, directories, blogs and other websites, email or other collateral that purport to provide an endorsement or assessment of Creative Pixels Media must prominently disclose the fact financial or in-kind compensation is provided from the advertiser. If you want more information, please visit the FTC’s website (https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking). Please note that the FTC guides and this summary of such information do not constitute legal advice. You should obtain legal advice on how the FTC guides apply to you.
Additionally, You agree to abide by all Policies as specified in the Creative Pixels Media Program Terms.
4. Term and Termination
The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement and the relationship.
This Agreement may be terminated immediately by Creative Pixels Media in the event that Publisher: violates the agreement.
Upon any termination of this Agreement, Creative Pixels Media and Publisher will be released from all obligations and liabilities to the other party occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination or as provided herein, provided that no such termination will relieve Publisher from any liability arising from any breach of this Agreement occurring prior to termination.
Upon termination of this Agreement, Creative Pixels Media’s acceptance of additional referrals obtained through Publisher shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, Publisher shall be entitled only to those unpaid commissions, if valid, earned by Publisher on or prior to the date of termination, Publisher shall in no event be entitled to commissions with respect to any amount of valid referrals delivered after the date of termination, all rights and licensees of Publisher hereunder shall immediately terminate, Publisher shall cease all uses of any trade names, trademarks, service marks, logos and other designations of Creative Pixels Media or the Program, and Publisher shall remove all Creative Pixels Media links.
5. Additional Terms
The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
No delay or failure by Creative Pixels Media in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
The rights and remedies of Creative Pixels Media are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof.
This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
By applying to the Program, and by clicking–through the “Join Program” (or otherwise named) button and clicking to continue after checking the box acknowledging Your reading of this Agreement, You execute, accept, enter into, and become a party to this Agreement, effective on the date of such acceptance to this Agreement.
Creative Pixels Media reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days written notice with effect from the 8th day (or such later date as specified by Creative Pixels Media) to Publisher. If any modification is unacceptable to Publisher, Publisher’s sole recourse is to terminate this Agreement by expiring the relationship and/or rejecting the new Program Term offered. Publisher’s continued participation in the Program by accepting the newly offered Program Term with new terms and conditions for this Agreement constitutes Publisher’s binding acceptance to the change.
This Agreement shall be governed by the laws of the State of Nevada, USA, except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts in Hennepin County, Minnesota and, to the extent that federal courts have exclusive jurisdiction, in Hennepin County, Minnesota. Publisher consents to such venue and jurisdiction.
BY APPLYING FOR THE Creative Pixels Media AFFILIATE PROGRAM AND CLICKING ON THE ACCEPTANCE BUTTON, YOU ARE SIGNIFYING YOUR AGREEMENT TO BE PRESENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT.