Creative Element Power Tools - Affiliate Terms and Conditions

Affiliate Terms and Conditions

This Affiliate Agreement (the "Agreement") is made by and between Creative Element, and you, as an Affiliate utilizing the Creative Element Power Tools Affiliate program ("You", "Your", "Affiliate", "Program").

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before signing up. By signing up to be an affiliate, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not participate in the Creative Element Power Tools Affiliate program.

The terms of the Agreement are as follows:

You may place your specially-coded links anywhere on your site as you see fit, using any images or text from the Creative Element Power Tools website as part of your campaign. Use of images or text from the Creative Element Power Tools website for any other purpose is not allowed.
You may place your specially-coded links in solicited (non-spam) emails only. Affiliates who abuse our program by using unsolicited (spam) email to drive traffic will lose their accounts and forfeit any acrued balances.
You may not employ any means of installation of Creative Element software on customers' PCs without their consent, including (but not limited to) so-called "drive-by installations," spyware, adware, malware, or any other means of unattended or automatic installation. Affiliates who abuse our program by forcing software on customers will lose their accounts and forfeit any acrued balances.
We reserve the right to change the terms of the affiliate program, including (but not limited to) the advertised commission rates, without notice.
We reserve the right to terminate any affiliate account or cancel the Affiliate Program outright for any reason without notice. Outstanding commissions will be paid to all affiliate accounts in good standing upon said cancellation.
You are not allowed to place your affiliate links on adult, hate, or other related sites.
All statistics are collected and calculated by Creative Element, and will be the only valid statistics used for determining commissions.
You won't hold Creative Element liable for anything, including lost commissions due to technical errors or customer circumvention (see below), or the performance (or lack thereof) of any products sold, distributed, or recommended by Creative Element.
You accept and understand the possibility that customers may intentionally or inadvertently circumvent your affiliate links to obtain our products. The methods for circumvention, while uncommon, are considered self-evident. Furthermore, you are not entitled to commissions, or compensation for lost commissions, from any sales that result from customer circumvention of your affiliate links.
Participation in our Affiliate Program does not mean that Creative Element endorses or accepts any responsibility for the content of websites or email messages containing Affiliate links, nor on the means by which those websites or email messages are delivered to customers.
Failure to abide by these rules could mean termination of your affliate account with a complete forfeit of commissions.
Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, so-called "drive-by installations," or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.

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Creative Element respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company.

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Accepted Use

You represent to Creative Element that all content You provide to us is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Creative Element may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to your affiliate URLs using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects.

Links may not be placed in unsolicited email messages. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to Creative Element.

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Limited Warranty

This affiliate program, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CREATIVE ELEMENT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO CREATIVE ELEMENT, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, CREATIVE ELEMENT SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT CREATIVE ELEMENT WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Creative Element will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold Creative Element liable for any of the consequences of such interruptions. CREATIVE ELEMENT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. CREATIVE ELEMENT SHALL HAVE NO LIABILITY WITH RESPECT TO CREATIVE ELEMENT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF CREATIVE ELEMENT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF CREATIVE ELEMENT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY CREATIVE ELEMENT AS A DIRECT RESULT OF THIS AGREEMENT.

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Limitation of Liability

CREATIVE ELEMENT SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE CREATIVE ELEMENT PRODUCTS OR ANY INFORMATION PROVIDED ON THE CREATIVE ELEMENT WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CREATIVE ELEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE.

You agree that Creative Element has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You jointly and severally agree to indemnify, defend, and hold harmless Creative Element and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

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Ownership and Licenses

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use images and text from the Creative Element Power Tools website to promote your affiliate links. All images, technology and content provided for Your use is and shall remain the sole property of Creative Element, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames, and service marks related to the foregoing shall remain Creative Element’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

Creative Element may immediately terminate Your license to use the marks if Creative Element reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by Creative Element above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Creative Element’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Creative Element.

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Force Majeure

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.