AFFILIATE PROGRAM TERMS AND POLICIES
PLEASE READ THE ENTIRE AGREEMENT.
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By participating in the U-CUBE Creative Affiliate Program (“Program”), you agree with the terms and policies set forth in the agreement (“Agreement”) below. It is a legal agreement between you and U-CUBE Creative. By submitting the online application, you are agreeing that you have read and understand the terms and policies of this Agreement, and that, if U-CUBE Creative accepts your application, you agree to be legally responsible for each and every term and policy.
Your participation in the Program is solely for the purpose of legally advertising U-CUBE Creative to receive a commission on products purchased by your referrals.
This Agreement begins when U-CUBE Creative accepts you into the Program and will end when your participation is terminated.
U-CUBE Creative may change the Program or this Agreement at any time without notice. If any change to the Program or the Agreement is unacceptable to you, your only choice is to terminate your participation. Your continuing participation in the Program will constitute your acceptance of any change.
You or U-CUBE Creative may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commissions while you are participating in the Program in accordance with the terms of this Agreement.
U-CUBE Creative will attribute referrals to you based on a tracking code embedded in your affiliate links.
U-CUBE Creative uses the Refersion affiliate tracking system owned by Refersion, Inc. When a referral clicks through your affiliate link, Refersion sets a cookie in the browser that contains your tracking code. Refersion also tracks other information, such as the IP address of the referral, in its database along with your tracking code. When the referral decides to buy a product at U-CUBE Creative, a script will look for the cookie, or try to match the IP address, or use similar technology to identify you and award the commission. Referrals from your affiliate link may make a purchase later in time and U-CUBE Creative will still award the commission if the cookie is still present in the browser or the IP address still matches one logged in the database.
U-CUBE Creative reserves the right to refuse service to any referral.
U-CUBE Creative will pay you a commission on products purchased by your referrals according to the designated payment schedule.
U-CUBE Creative uses the Refersion affiliate tracking system owned by Refersion, Inc. to tabulate and track sales and commission payments due to our affiliates after the tracking process and purchases are completed. Through the Refersion website, you will have access to information we use to determine commissions we owe you.
U-CUBE Creative reserves the right to increase or decrease commission rates from time to time as it sees fit.
There is no maximum commission limit.
If a referral returns a product or if the referral requests a chargeback on the purchase, you will not receive a commission. U-CUBE Creative returns all money to the referral, so you must also return your portion of the sale. Because of the 30-day return period for all U-CUBE Creative products, and because of periodic processing, U-CUBE Creative may hold your commission payout for a period of up to 3 months.
U-CUBE Creative reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and policies.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and policies, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1) You are not forthcoming, you are intentionally vague, or you are found to be lying.
2) You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.
3) You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to suspend you from the Program, reverse orders, modify payouts, set your commission to 0%, or immediately terminate your participation in the Program. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to address such issues proactively and to adhere to the terms and policies of this Agreement.
The tools, products, and creative assets (collectively “Assets”) that U-CUBE Creative provides to you include valuable information vital to the success of the Program, including a tracking code that U-CUBE Creative uses to attribute referrals to you.
U-CUBE Creative grants to you a nonexclusive, nontransferable license (“License”) to use Assets as specified under the terms and policies of this Agreement. The term of the License shall expire upon your departure from the Program or termination of this Agreement.
You will use the Assets as U-CUBE Creative instructs:
1) You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.
2) You will not alter, add to, subtract from, or otherwise modify the Assets as U-CUBE Creative provides them unless you obtain prior written consent from U-CUBE Creative.
3) You may only use the Assets for the purpose of promoting U-CUBE Creative and its products.
4) U-CUBE Creative retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.
5) You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.
6) You will not publish or otherwise distribute any other advertising materials that reference U-CUBE Creative unless U-CUBE Creative gives prior written consent to the distribution of such materials.
Under no circumstances shall you send commercial electronic mail messages as defined in the Federal spam law, US CAN-SPAM Act of 2003 (“Act”), with respect to the U-CUBE Creative affiliate program.
U-CUBE Creative reserves the right to collect, withhold, or cancel any and all compensation related to commercial electronic mail messages you send.
You may send transactional or relationship messages as defined in the Act.
U-CUBE Creative permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:
1) You ARE ALLOWED to post your affiliate links on your own social media.
2) You ARE PROHIBITED from posting your affiliate links on the social media of U-CUBE Creative.
You shall not purchase keywords, domain names, advertising, search terms, adwords, or any other identifiers that include the word “U-CUBE Creative,” the names of U-CUBE Creative products or services, or any variations or misspellings thereof.
Specifically, this policy prohibits you from:
1) Bidding on “U-CUBE Creative” and any keyword string that includes this term, such as “U-CUBE Creative coupons” or “U-CUBE Creative promotions”; and
2) Bidding on “Polar Ice” and any keyword string that includes this term, such as “Polar Ice coupons” or “Polar Ice promotions”; and
3) Purchasing domain names based on “U-CUBE Creative”, or variations,; and
4) Purchasing domain names based on “Polar Ice” or variations.
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and U-CUBE Creative. You will provide services for U-CUBE Creative as an independent contractor. You will have no authority to bind U-CUBE Creative into any agreement, nor will you be considered an agent of U-CUBE Creative in any respect.
U-CUBE Creative will not be responsible for any taxes that you owe arising out of your relationship with U-CUBE Creative as set forth in this Agreement. U-CUBE Creative will not withhold any taxes from the commissions paid to you.
You shall include a disclosure statement within any and all pages or posts where you use affiliate links in an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that U-CUBE Creative is compensating you for your review or endorsement.
You shall not make claims that U-CUBE Creative products or services are intended to diagnose, treat, cure, or prevent any disease.
U-CUBE Creative makes no express or implied warranties or representations with respect to the Program.
U-CUBE Creative makes no representation that the operation of the Program will be uninterrupted or error-free, and U-CUBE Creative will not be liable for the consequences of any interruptions or errors.
You represent and warrant the following:
1) You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement.
2) Your website does not contain any materials that are:
(a) Unlawful or solicitous of behavior that is unlawful in the United States;
(b) Unlawful or solicitous of behavior that is unlawful in the geographic area from which you operate.
3) You have obtained any necessary clearances, licenses, or other permission for any intellectual property used on your website. Nothing on your website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor do you have any reason to believe that any person or entity will bring or threaten such a claim in the future.
4) You do not compete with U-CUBE Creative. You are not an employee, agent, or partner with any person or company that competes with U-CUBE Creative. You may be an affiliate with or an independent contractor to persons or companies that compete with U-CUBE Creative.
You will indemnify and hold harmless U-CUBE Creative from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless U-CUBE Creative for any damage, loss, or other cost arising out of your use or misuse of the Assets.
Any information that you are exposed to by virtue of your relationship with U-CUBE Creative under these terms and policies, which information is not available to the general public, shall be considered to be confidential company information. You may not disclose any confidential company information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from U-CUBE Creative.
U-CUBE Creative will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether U-CUBE Creative was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Assets, or other performance of services under this Agreement.