Partner Terms1. Introduction:
This document outlines the terms and conditions (“Terms”) that govern the Creator Crafted Partner Program (“Program”) operated by Affinity Goods LLC DBA Creator Crafted, a Delaware corporation, located at 8 The Green, STE A Dover, DE 19901 USA, herein referred to as “Creator Crafted”.
By participating in the Program, the individual or entity (“Partner(s)”) agrees to be bound by these Terms.
This Agreement does not establish an exclusive relationship between you and Creator Crafted. Both parties reserve the right to promote, recommend, or collaborate on similar products and services from third parties. Additionally, both parties can engage with other entities regarding the design, sale, setup, and utilization of comparable third-party products and services.
a. Partners will earn a commission of 20% of the gross revenue from the sale of goods, excluding any shipping, duties, taxes, or other additional charges.
b. Commission is calculated only on items that are successfully delivered and not returned within any provided return period.
c. In the event of product returns, the corresponding commission amount previously credited to the Partner will be deducted from future commission monies owed.
d. Commissions will not be paid on any fraudulent transactions or orders that are canceled before shipment. If commissions were already paid out for such transactions, those amounts will also be deducted from future commission monies owed.
e. If the returns result in a negative commission balance for the Partner, the Partner might be required to remit the owed amount back to Creator Crafted or have it deducted from future positive commissions, based on the discretion of Creator Crafted.
f. Minimum Commission Guarantees: From time to time, Creator Crafted may offer minimum commission guarantees on a case-by-case basis.
i. A "Minimum Commission Guarantee" is an assured amount that an Partner will receive, regardless of the actual commissions generated. This guarantee serves as a safety net, ensuring Partners earn at least the specified minimum commission during a set period.
ii. A minimum commission guarantee is distinct from a 'base' payment. While the former ensures a certain earnings level regardless of actual sales, a 'base' payment is a set amount paid to the Partner, irrespective of performance, and does not fluctuate based on sales.
iii. Any amount earned above the minimum commission guarantee will be credited as additional commission.
a. Commissions, including any applicable minimum commission guarantees, are paid on a net 30 end-of-month basis. For example, commissions earned during the month of August will be paid out by September 30th.
b. The minimum monthly payment amount is $50. If the commission owed to an Partner is less than $50 in any payment period, the amount will roll over to the subsequent payment period.
i. If an Partner's commission balance remains under $50 for a continuous period of 90 days, the Partner will forfeit that commission.
c. By default, payments will be directed to the Partner's authorized management or agents. However, Partners have the right to request direct payment.
i. In cases where an Partner requests direct payment, the Partner must provide accurate payment details, tax forms based on the jurisdiction of residence, and any other necessary information that Creator Crafted may require to ensure timely payment and compliance with legal and tax authorities.
ii. Failure to provide the required information or provision of incorrect information may result in delayed or missed payments. Creator Crafted will not be liable for such delays or missed payments arising from the Partner's failure to provide accurate information.
d. It remains the Partner's responsibility to inform Creator Crafted of any changes to their payment preferences or required payment details.
e. In the event where the commissions earned by the Partner are less than the offered minimum commission guarantee for a specified period, Creator Crafted will make up the difference to ensure the Partner receives the guaranteed amount.
5. Non-Disparagement and Confidentiality:
a. Confidentiality: Partners may come into contact with or be privy to proprietary and private information related to Creator Crafted’s business. This includes, but is not limited to, details about future product launches, category releases, business strategies, and other non-public data.
i. All such information must be treated as confidential. Partners are prohibited from disclosing, sharing, or using this information for any purpose other than fulfilling their obligations under this Program unless explicit written approval is obtained from Creator Crafted.
ii. Any unauthorized dissemination or use of this confidential information will be regarded as a breach of these Terms and may lead to immediate termination from the Program and potential legal action.
b. Non-Disparagement: Partners agree not to make any statements, written or verbal, or cause or encourage others to make statements, written or verbal, that defame, disparage, or in any way criticize the personal or business reputation, practices, or conduct of Creator Crafted, its employees, directors, or officers. Partners understand and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), and clients.
6. Obligations, Content Review, and Approval:
a. Partners must promote Creator Crafted products in an honest and ethical manner.
b. Misleading or false representation of Creator Crafted or its products is strictly prohibited.
c. Partners cannot use marketing practices that might be deemed as spamming or that violate any laws or regulations.
d. Partners must clearly disclose the nature of their relationship with Creator Crafted to their audience, in compliance with the Federal Trade Commission’s guidelines.
e. Deliverables Commitment and Impact on Minimum Commission Guarantee:
i. Partners must strictly adhere to any and all deliverables that have been agreed upon in writing between the Partner and Creator Crafted. This includes, but is not limited to, specific content creations, placements, durations, or other promotional obligations.
ii. Failure to meet these deliverables will result in the Partner not qualifying for the minimum commission guarantee. For instance, if a Partner agrees to a 60-second YouTube integration, the integration must be successfully published for the Partner to be eligible for the minimum commission guarantee associated with that deliverable.
iii. Failure to meet deliverables may also result in consequences including but not limited to reduced commission rates, termination from the Program, or legal action.
f. Discretionary Promotion: While adhering to the specified deliverables, Partners are also welcomed and encouraged to promote Creator Crafted in a discretionary manner, as long as such promotions remain in line with the Terms of this Program and do not misrepresent Creator Crafted or its products.
g. Content Review for Guaranteed Compensation:
i. Any promotional content intended for platforms like YouTube, Twitter, or any other social media that is tied to a minimum compensation guarantee must be submitted to Creator Crafted for review and approval at least 2 business days before the intended upload or publication date.
ii. Uploading or publishing content without obtaining prior approval from Creator Crafted will render the Partner ineligible for the associated minimum commission guarantee.
iii. Partners are expected to integrate any feedback or modifications suggested by Creator Crafted during the review process. Non-compliance with requested changes might result in the content being denied approval.
a. Creator Crafted reserves the right to terminate an Partner's participation in the Program if they violate any of these Terms.
b. Either party may terminate the partnership at any time, with or without cause, by providing written notice to the other party.
8. Disclaimers, Limitation of Liability, and Indemnification:
a. Disclaimer of Warranties:
Creator Crafted, along with its Partnered entities and representatives, provides no assurances or guarantees regarding the appropriateness, dependability, promptness, security, or accuracy of our products, content, the Partner Program, or related tools for any specific purpose. Where allowed by law, all such offerings are extended "as is" without any explicit or implied warranties, including but not restricted to the warranties of merchantability, suitability for a specific function, ownership, and non-violation.
b. Limitation of Liability:
i. Creator Crafted shall not be liable for any indirect, special, incidental, or consequential damages or loss of revenue, profits, or data arising in connection with this agreement or the Program. The foregoing limitation of liability shall apply regardless of the cause or duration, and regardless of whether any other provisions of this agreement fail of their essential purpose.
ii. As per legal permissions, neither party will be held accountable for any secondary, punitive, or consequential damages, including but not limited to lost profits or business opportunities. In the event that, regardless of the stipulations of this Agreement, Creator Crafted is adjudged to hold any liability to you or any third-party, both parties concur that Creator Crafted's cumulative liability will be restricted to the total commission amounts you have genuinely earned from relevant customer transactions in the year prior to the incident leading to the claim.
The Partner agrees to indemnify, defend, and hold harmless Creator Crafted, as well as its officers, directors, employees, agents, service providers, licensors, and Partners, from any claims, suits, actions, or proceedings (each referred to as an "Action") made by any third party not Partnerd with Creator Crafted, arising out of or related to:
i. The Partner's participation in the Creator Crafted Partner Program;
ii. Creator Crafted's utilization of the data or information provided by the Partner;
iii. Any non-compliance or breach of this Agreement by the Partner;
iv. The Partner's use of any tools or resources related to the Program; or
v. Creator Crafted's use of any promotional marks or materials associated with the Partner.
In the event of such Action, Creator Crafted agrees to:
Promptly notify the Partner in writing within thirty (30) days of becoming aware of the Action.
Allow the Partner the sole discretion to defend or settle the said Action.
Provide the Partner, at the Partner's expense, with all necessary information and assistance to manage the defense or settlement of the Action.
The Partner shall not agree to any settlement that imposes obligations on Creator Crafted, requires Creator Crafted to admit any liability, or places restrictions on Creator Crafted without its prior written consent.
9. Force Majeure:
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
All communications and notices related to this Agreement shall be sent to the addresses listed below and shall be considered received on the actual date of delivery.
Attention: General Counsel
Affinity Goods LLC:
8 The Green
Dover, DE 19901 USA
To the Partner:
The email address registered in the Creator Crafted Partner Program account.
Electronic notices specific to the Partner may be sent to the email address registered in the Creator Crafted Partner Program account. Furthermore, notifications may also be made via phone calls to the telephone numbers associated with the Partner's account in the Creator Crafted Partner Program.
The Partner shall not assign or transfer this Agreement for any reason, including but not limited to situations arising from mergers, reorganizations, significant asset sales, changes in control, or by operation of law, without the prior written consent of Creator Crafted. Conversely, Creator Crafted reserves the right to assign this Agreement to an Partner or in scenarios such as mergers, reorganizations, substantial asset sales, changes in control, or operation of law.
12. Governing Law:
These Terms and any disputes arising out of or in connection with this Agreement or the Program shall be governed by and construed in accordance with the laws of the state of North Carolina, USA, without giving effect to its conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in North Carolina, USA, for any disputes arising out of or in connection with this Agreement or the Program. Should any litigation or legal action arise between the parties concerning this Agreement or the rights and duties of either in relation to it, the party prevailing in such litigation or legal action shall be entitled, in addition to any other relief granted, to recover its reasonable attorney's fees, costs, and expenses incurred in such litigation or legal action from the non-prevailing party.
13. Changes to Terms:
Creator Crafted reserves the right to modify these Terms at any time. Partners will be notified of any changes and continued participation in the Program will constitute acceptance of the modified Terms.
If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The remainder of the Terms will continue in full force and effect.
Upon termination or expiration of this Agreement for any reason, the following sections will survive: Confidentiality, Non-Disparagement, Limitation of Liability, Indemnification, Governing Law, Severability, and any other provision that, by its nature, should survive termination or expiration of this Agreement.
These Terms constitute the entire agreement between the Partner and Creator Crafted and supersede any prior understandings or agreements (whether oral or written). The latest and complete version of these Terms can always be found at www.CreatorCrafted.com/PartnerTerms. Partners are encouraged to periodically review this link to be aware of any changes or updates to the terms.