As an authorized affiliate (Affiliate) of Phoxy Co (CREO Digital, inc.), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Phoxy Co (CREO Digital, inc.) as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on products and services purchased by individuals referred to Phoxy Co (CREO Digital, inc.) by your own website or personal referrals.
By signing up for the Phoxy Co (CREO Digital, inc.) 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 for all finalized transactions. Transactions are considered finalized 30 days after the payment is successfully processed. This allows for 30 days of customer refunds.
Commissions will be paid out on or before the 15th of each month for all transactions that are finalized in the prior month. For example: a successful transaction on April 27th will finalize 30 days later on June 27th. Your commission payment for this transaction will be sent on or before July 15th.
Commission payments will be sent exclusively via PayPal, unless otherwise agreed upon in writing.
You cannot refer yourself, and you will not receive a commission on your own accounts. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out. Commission payments previously paid for transactions resulting in chargebacks beyond the 30 day finalization window will be deducted from your current payment balance. Any
3. Prohibited Actions & Termination
The following is strictly prohibited under any circumstances. Your affiliate application and status in the Program may be suspended or terminated for any prohibited actions. Any unpaid commissions will be forfeited in the event of termination. The following is strictly prohibited under any circumstances.
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Emails sent to a list that did not explicitly opt-in to receive promotional emails from you. All emails containing Affiliate links must be in accordance with local and federal laws.
- Promoting on coupon, discount, or deal sites.
- Misleading customers in any capacity that you are associated with Phoxy Co. It should be clear that you are a separate entity.
- Implying or suggesting in any capacity that you are endorsed by Phoxy Co.
- Sharing your affiliate links on forums, sites, social media, and other services when it is in violation of the terms of service for that platform.
- 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.
- Violation of intellectual property rights. Phoxy Co (CREO Digital, inc.) reserves the right to require license agreements from those who employ trademarks of Phoxy Co (CREO Digital, inc.) in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Phoxy Co (CREO Digital, inc.) reserves the right to terminate any Affiliate account at any time without notice, and for any reason or no reason.
4. Affiliate Links & Graphics
You may use graphic and text links both on your website and in your email messages. You may also promote the Phoxy Co site in forums, on social media, and other venues that do not violate the terms of service of those services or the other terms of this agreement. You may only promote your affiliate links in accordance with the terms of service of the site or platform you are using. You must abide by all federal and local disclosure laws.
5. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission. Approved PPC partners are forbidden from bidding on the product names, brand names, domains, or trademarks of Phoxy Co and Creo Digital, inc. unless explicitly agreed upon beforehand.
6. Liability
Phoxy Co (CREO Digital, inc.) 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 products sold by Phoxy Co (CREO Digital, inc.). 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.
7. 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. You are responsible for knowledge of any changes to the agreement. The most recent version of this agreement will be available at Phoxy Co (CREO Digital, inc.).com. 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 change.
8. Indemnification
Affiliate shall indemnify and hold harmless Phoxy Co (CREO Digital, inc.) and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Phoxy Co (CREO Digital, inc.) 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.
9. Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Orange County, California.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
10. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Phoxy Co (CREO Digital, inc.) affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the ImpactRadius and/or Phoxy Co (CREO Digital, inc.) application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
11. Miscellaneous
You may not amend or waive any provision of this agreement unless in writing and signed by both parties. The headings and titles of each section are included for convenience only, and shall not limit or affect the terms of this agreement.