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Affiliate Terms of Use

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Pixpa Affiliate Program - Terms of Use

Last Updated On: 4 Feb 2022

These Affiliate Program Terms and Conditions (“Agreement” or “Terms”) apply to you for becoming an Affiliate Partner of Pixpa and joining Pixpa’s Affiliate Program (“Program”).

Please note that throughout these Terms, "we," "us," and "our" refer to Pixpa, and “Affiliate”, "you", "your", and "yours" refer to the Affiliate.

You represent, warrant, and agree that (a) you have the full power and authority to enter into and perform under these Terms, or (b) if you are joining the Program on behalf of an organization, entity, or group that you are authorized to accept these Terms on such organization’s, entity’s, or group’s behalf.

 

1. Eligibility and Registration

1.1. To become an Affiliate, you need to complete and submit your application by filling out the online application form.

1.2. We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. We may cancel your application if we determine that your site is unsuitable for our Program. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

1.3. If you are accepted, we will create your Affiliate account (“Account”) and inform you about the same by email. After your Affiliate account is created, you can log in to access your Account where you can monitor your referral’s signups, purchases and the subsequent payments to you. You’ll also receive the marketing materials you will need to successfully sell Pixpa.

1.4. By applying for the Program, you agree to (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your information upon any changes; (c) maintain the security of your Account by protecting your password and restricting access to your Account; (d) promptly notify Pixpa if you discover or otherwise suspect any security breaches or unauthorized access related to your Account, the Services, or the Program; and (e) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.

1.5. If there is a dispute about the ownership of an Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable judgment.

 

2. Affiliate Rights and Obligations

2.1. Once your Affiliate account has been created, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics with your Affiliate Code on your website, social network profiles, emails, or in other communications. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used for referring anyone to the Pixpa website. You must ensure that each of the links between your site and the Pixpa site properly utilizes such special link formats. Links to the Pixpa site placed on your site pursuant to these terms and which properly utilize such special link formats are referred to as "Affiliate Links." You will earn referral fees only with respect to sign-ups on a Pixpa product site occurring directly through Affiliate Links.

2.2 You will not promote Pixpa or place your affiliate links on any inappropriate websites, such as:

  • Sites that promote illegal activities, violence, discrimination based on any ground, incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights, or to violate the law, or is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us.

  • Sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in any illegal activity.

  • Coupons, Deals and Discount Listing websites.

We reserve the right to deem any website as inappropriate for this Program.

2.3. When promoting Pixpa through your website, social networks or email promotions, you must clearly represent yourself as independent from Pixpa. If it comes to our attention that you are promoting us in the wrong way, we will consider that cause for immediate termination of your participation in the Pixpa Affiliate Program.

2.4. You are forbidden to create or design your website, social network profile or any other profile in a manner that resembles the Pixpa website or which leads customers to believe you are Pixpa or you represent Pixpa;

2.5. Pixpa reserves the right, at any time, to review your placement and require that you change it to comply with the provided guidelines;

2.6. Affiliate is an independent entity, and Pixpa Affiliate Program doesn’t create any partnership, joint venture, franchise, sales representative, or employment relationship between Affiliate and Pixpa. You have no authority to make or accept any offers or representations on our behalf;

2.7. You shall not make any statement on your site or elsewhere, that would contradict anything in this section.

2.8. You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction.

 

3. Pixpa Rights and Obligations

3.1. We have the right to monitor your website or social networks at any time to determine if you are following the terms and conditions of this document;

3.2. Pixpa reserves the right to terminate your participation in the Pixpa Affiliate Program immediately if you abuse this program in any way;

3.3. Pixpa will not be liable to you with respect to any failure by you or someone you refer to use Affiliate Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to these terms.

 

4. Payments and Refunds

4.1. Referral Fees or Commission: When someone you have referred to us starts a paid subscription (product sale), you'll earn a 50% share in the revenue that we receive from that subscriber in the first year of starting their subscription. This is called the Referral Fees or Commission in this document.

4.2. Referral Cookie Lifetime: For a product sale to be eligible to earn a referral fee, the customer must click-through an Affiliate Link from your site, email, or other communications to the Pixpa Site and sign up for the product within 30 days from the first visit.

When a potential customer clicks on your affiliate link and visits Pixpa.com, a referral cookie is stored in their browser to track your referral. The cookie is stored for 30 days. A referral won’t be awarded if

  • The customer uses a different browser to purchase than the one he originally used to visit our site (because the cookie does not exist in that browser).
  • The customer purchases after 30 days (because the cookie will expire).

4.3. We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

4.4. Refunds and Rejections: For you to receive affiliate commissions, someone you refer to us must make payments through Pixpa’s application, by using a credit card or PayPal.

Affiliate commissions will only be made based on these conditions:

  • Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
  • For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.
  • If a purchase is refunded or a chargeback happens, a commission won’t be paid out for that referral.
  • Commission won’t be paid out if the method by which the referral was generated violates this Affiliate Agreement.

4.5. Commissions to you are paid by PayPal only. We cannot send checks, cash, or make credits to your credit card. You are required to have a PayPal account to receive commissions.

4.6. In order to request a commission payout, you have to manually request a payout from your Affiliate account and send us the invoice for the same. The payout won’t be made until the proper invoice is received. You'll be paid within 30 days of us receiving the invoice.

4.7. You are responsible for paying any fees associated with receiving the commission payment.

4.8. Commission is only paid on the first subscription per referral. If your referral starts an additional subscriptions to create multiple websites on Pixpa, then you will receive the commission on the first website subscription only. Payments for any add-ons such as extra file storage space are not included in the Commission.

 

5. Dormant Affiliate Accounts

An affiliate account is considered dormant if no referral subscriptions have been generated for a 6-month period. Dormant accounts will be deactivated. No payout will be made for inactive accounts.

 

6. Termination

6.1. Either you or we may end this Affiliate Program at any time, with or without cause, by giving the other party written notice. Written notice shall be in the form of an email.

6.2. If you fail to follow the terms and conditions of this document, we reserve the right to terminate your participation in the Pixpa Affiliate Program. We reserve the right to eliminate any violator from our Affiliate Program without prior notice and on the first occurrence of such prohibited behaviour.

6.3. Your affiliate account may be suspended or terminated for any of the following reasons:

  • Inappropriate advertisements (False claims, misleading hyperlinks, etc.).
  • Spamming (mass email, mass newsgroup posting, etc.).
  • Advertising on sites containing or promoting illegal activities.
  • Failure to disclose the affiliate relationship for any promotion.
  • Violation of Pixpa’s intellectual property rights.
  • Use of paid ad networks (Google Ads, Facebook Ads, or any other PPC ad networks) to send traffic to or advertise your affiliate links.
  • Self-referrals, fraudulent transactions, suspected Affiliate fraud.
  • Use of any technologies to abuse our Affiliate Program, including, but not limited to, an application that causes the overwriting of affiliate commission tracking cookies; intercepts searches to redirect traffic through an installed software; set commission tracking cookies through loading of Pixpa site in IFrames, hidden links and automatic pop-ups that open Pixpa website, etc.
  • In addition to the foregoing, Pixpa reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

6.4. If your account is suspended or terminated as a result of a violation of these Terms, we won’t pay you any current payments on your balance or future payments for your referral’s purchases. All payments will be stopped immediately. We also do not provide refunds if you abuse our Affiliate Program.

 

7. Liability

Pixpa 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 memberships or products sold by Pixpa. 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

 

8. 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. 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.

 

9. Indemnification

Affiliate shall indemnify and hold harmless Pixpa and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Pixpa 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.

 

10. Governing Law

This Agreement shall be governed by and construed in accordance with Indian law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Courts in Delhi, India.

 

11. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Pixpa 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 Pixpa Affiliate Program application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

 

12. Miscellaneous

Our Privacy Policy is incorporated herein by reference and, together with these Terms, constitute the entire agreement of the parties and supersedes all prior and contemporaneous understandings between the parties regarding their collective subject matter.

You may not assign any of your rights or obligations under these Terms without prior written consent from Pixpa. Pixpa may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

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