The FTC has strict guidelines for endorsements and testimonials in advertising, and that’s the reason we have these terms and conditions that we require all affiliates to read and agree to. By applying to join our affiliate program, we’re assuming that you’ve read this page, which means if you fail to stick to the terms and conditions on this page, we have the right to remove you from the program without warning.
We also know that a lot of this stuff is hard to understand, so here’s the point:
- We reserve the right to refuse or terminate any affiliate relationship with any site or individual deemed to contain offensive material.
- All of our affiliates are awarded 30% of all purchases made by customers entering the Coded Creative website through valid affiliate links within 60 days of clicking that unique link.
- All accounts are paid out in USD ($) via PayPal. It’s your sole responsibility to maintain a legit PayPal account so that you can accept our payments.
- Payouts are made on the 1st and 15th of every month. No minimum balance is required.
- It’s your sole responsibility that all of your contact and payment details are up-to-date. If you change your email address, update your account as soon as possible.
- Affiliates will not earn referrals on their own purchases.
- Do not be sneaky in how you’re promoting Coded Creative. If you’re sharing a link on social media, plainly let your audience know that yours is an affiliate link. If you’re listing a link on your site, be sure to let your audience know that you earn a commission if they make a purchase.
If you have a question about whether or not something is allowed, our affiliate program, or your account, please send us an email, and we will get back to you the next business day.
This Affiliate Service Agreement (the “Agreement”) is made by and between Coded Creative, and you, utilizing our affiliate program (“You”, “Your”, “Affiliate”).
Coded Creative respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact email@example.com.
“Performance Marketing” occurs when individual web sites that generate their own traffic (“Affiliates”) partner with online Merchants (“Merchant”)’s and the Merchant pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale, lead, hit, or other action.
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use Shareasale.com to facilitate relationships with Merchants as well as gain tracking, reporting, and receipt of commission payment.
“Merchant” means an e-commerce entity paying a commission or bounty for legitimate sales, leads, clicks, or other measurable action by a Visitor. Merchants use codedcreative.co to facilitate relationships as well as gain tracking, reporting, and issuance of commission payment.
“Visitor” means any person, or user that clicks on a Link to a Merchant’s Web site placed on an Affiliate’s Web site.
“sale commission” means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant’s Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 60 days. If a sale occurs after 60 days and the Visitor has not returned through an authorized Affiliate’s site, then no Payout shall occur.
“lead commission” means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant’s Web site that results in the Visitor performing an action defined by the Merchant. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 60 days. If an action occurs after 60 days and the Visitor has not returned through an authorized Affiliate’s site, then no Payout shall occur.
“click commission” means the Payout the Merchant sets and agrees to pay for a valid click from an Affiliate Partner’s site to the Merchant’s site that results in the Merchant’s Web site being viewable to the Visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, which criteria may change from time to time.
“Payout” means the amount of sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percetage of a total sale amount, or as a set bounty (flat rate) per action.
“Commission” means the amount sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percetage of a total sale amount, or as a set bounty (flat rate) per action.
“Link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor through to a Merchant website via redirection at codedcreative.co. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the Merchant.
“VOID” means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchant’s may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
“Your Account” means a specific account within the Service, where Commissions are credited.
Coded Creative has developed and operates a service (the “Service”) which allows Affiliates to participate in Performance Marketing programs. As an Affiliate of Coded Creative you will be establishing arrangements with third party organizations, called Merchants. All Affiliate relationships established between You, the Affiliate, and Coded Creative Merchants, will be conducted and managed through the Service.
As an Affiliate of the Service, you may place and remove Merchant Links on Your site and in acceptable locations.
- You place our merchants banners anywhere on your site as you see fit, or within non-spam emails.
- Adult, Hate, or other related sites are not allowed
- Any page that contains codedcreative.co links, banners, or code must be written in English.
- You cannot SPAM. We will terminate your account on the first offense of spamming. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
- NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
- NOT ALLOWED: Any display of a merchant window that isn’t the result of a direct click by the end-user.
You will receive a Commission for sending a Merchant authorized sales, leads, and/or clicks via Your Links. In order to place Links, You must first be approved by a Merchant to become an Affiliate of that Merchant’s program. You understand that the Payout amount may be changed at any time. This information is also available to You at the Coded Creative Affiliate’s Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from Coded Creative. Payments are made automatically on the first (1st) and fifteenth (15th) days of each month. Money credited to Your Account does not accrue interest. In the event of a VOID by a Merchant, Coded Creative may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to shareasale.com
SERVICE AND SUPPORT
Coded Creative will provide support for the Service as indicated on the Coded Creative Web site.
Coded Creative reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any shareasale.com related products and services.
CHANGES TO THE SERVICE
Coded Creative reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Coded Creative will notify You via e-mail, newsletter or the Coded Creative Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the related Merchant for that Link.
Points or reward programs for click or lead programs are NOT allowed. Coded Creative RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF the Coded Creative affiliate program. If You are terminated from the Service, Coded Creative has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join our affiliate program.
LIMITATION OF LIABILITY
Coded Creative or its suppliers or resellers or merchants shall not be liable to you or any other person for (I) any indirect, special, incidental or consequential damages of any character arising out of the use of or inability to use the Coded Creative service or any information provided on the Coded Creative web site or any other hyperlinked web site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if Coded Creative or a Coded Creative authorized representative has been advised of the possibility of such damages or (ii) any claim attributable to errors, omissions or other inaccuracies in the web site or any hyperlinked web site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you. In such jurisdictions, Coded Creative’s liability is limited to the smallest amount permitted by law. This paragraph will survive the failure of any exclusive or limited remedy.
You agree that Coded Creative, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless shareasale.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Coded Creative agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to Coded Creative’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.
Coded Creative acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Your company. Coded Creative agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of codedcreative.co, that becomes available to Coded Creative from third parties without knowledge by Coded Creative of any breach of fiduciary duty, or that Coded Creative had in its possession prior to the date of this Agreement. Coded Creative does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. shareasale.com reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as shareasale.com deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided logos and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including logos, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
A Merchant may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.
Coded Creative makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-shareasale.com Web site does not mean thatCoded Creative endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or shareasale.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement shall be governed by Tennessee, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Tennessee, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.