You are reading version 2.0 of the Affiliate Terms & Conditions, valid from 1st of September 2023. You can find version 1.0 here.
About these Terms & Conditions
When you (“Affiliate”) join as an affiliate and direct visitors using your affiliate link to Creative Fabrica (“Platform”), either via your website, social media or any other channel, you automatically agree to these Affiliate Terms and Conditions (“Affiliate Terms”). You fully acknowledge the fact that as an affiliate you are bound by these terms.
If you do not agree with these Affiliate Terms, do not continue to use your affiliate link.
SECTION 1 – AFFILIATE ACCOUNT TERMS
By agreeing to these Affiliate Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – MODIFICATIONS TO THE SERVICE AND FEES
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, referral fee change, suspension or discontinuance of the Service and/or affiliate program.
SECTION 4 – RESTRICTIONS
In the event that we determine, at our sole discretion, that you fail to comply with the following restrictions or any other terms as set forth in these Affiliate Terms, you will forfeit commissions otherwise earned during any period and we may, at our sole discretion, terminate your use of the Service and/or participation in the affiliate program:
(a) PPC/Paid Search
It is strictly prohibited to conduct any form of Pay-Per-Click (PPC) advertising. This prohibition includes but is not limited to bidding on keywords and terms, including variations and potential misspellings, for search or content-based campaigns on platforms such as Google, Bing, Yahoo, Facebook, and any other relevant advertising networks.
(b) Social Media
It is prohibited to create social media accounts and pages that in any way copy, resemble, represent or mirror the look and feel of our social media accounts.
(c) Domain Name/other use of Trademarks
It is prohibited to use any of our trademarks, or other trade or brand names, as part of the domain or subdomain.
SECTION 5 – DURATION & CANCELLATION
This agreement is for an indefinite period. Creative Fabrica has the right to cancel this agreement immediately without providing a reason. As an affiliate you can decide to stop participation at any time.
SECTION 6 – CHARGEBACKS & REFUNDS
In case a refund or chargeback happens, Creative Fabrica withholds the right to deduct the amount from your earnings for that specific month. In case the payout for a certain month already occurred, Creative Fabrica will deduct the refunded amount for the current month. In case this results in a negative balance, this balance will be filled by new earnings until the balance reaches 0.
SECTION 7 – CONFIDENTIALITY
You agree to keep the earnings from our Affiliate Program, as well as any specific terms and conditions that are made between you and Creative Fabrica confidential. You may not share this information with third parties, competitors of Creative Fabrica or others, unless this is done for legal requirements or accounting purposes, or unless you have written permission from Creative Fabrica.
SECTION 8 – RELATIONSHIP OF PARTIES
Nothing contained in these Affiliate Terms shall be taken to establish any partnership, joint venture, or employment relationship. Affiliate is exclusively responsible for all Social Security, self-employment, and income taxes, disability insurance, workers’ compensation insurance and any other statutory benefits otherwise required to be provided to employees.
SECTION 9 – LIMITATIONS ON LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Creative Fabrica, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 – SEVERABILITY
In the event that any provision of these Affiliate Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Affiliate Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 11 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Affiliate Terms are effective unless and until terminated by either you or us. You may terminate these Affiliate Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Affiliate Terms, we also may terminate this agreement at any time without notice and accordingly may deny you access to our Services (or any part thereof).
SECTION 12 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Affiliate Terms shall not constitute a waiver of such right or provision.
These Affiliate Terms and any other Terms, policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Affiliate Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 13 – CHANGES TO AFFILIATE TERMS
You can review the most current version of the Affiliate Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Affiliate Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Affiliate Terms constitutes acceptance of those changes.
SECTION 14 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.
SECTION 15 – CONTACT INFORMATION
Questions about the Affiliate Terms should be sent to us at [email protected].