EditStock Affiliate Policy
PLEASE CAREFULLY READ THIS AGREEMENT. YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Subject to the terms of this Agreement, EditStock appoints You to market the Product to potential Customers. This Agreement is non-exclusive and nothing will restrict EditStock from soliciting or accepting orders for the Product directly from any entity or through any third party.
To be eligible for an affiliate fee, the Customer must click-through a Unique URL from Your site, email, or other communications and purchase the Product. The "Unique URL" is the link that will be provided to You that will uniquely identify You as the originator. If the potential Customers leaves the site from the Unique URL, and comes back later on their own through another means and purchases Product, You can still earn a commission if the Customer does so within 90 days. Any Customer purchasing Product with Your Unique URL will become a "Qualified Customer" for You.
All affiliates must be 18 years of age or older. If you are under 18 years of age you are not permitted to be an affiliate.
Subject to compliance by the Qualified Customer with the terms of the applicable terms of service, EditStock will provide all installation, maintenance, support, and other services to the Qualified Customer as set forth in the terms of service.
a. In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a commission (the “Commission”) concurrent to the offer applicable to You.
Offer #1 - Affiliate Partners. Commission in the amount of 30% of each sale purchased by a Customer after using Affiliate’s unique link. This includes both individual and EDU sales.
Offer #2 - Contributor Boost. This offer is available only to filmmaker whose project(s) are for sale on EditStock ("Contributors"). The referral link will increase the Contributor's total commission to 50% from Your base percentage.
Offer #3 - Buy Buttons. This offer is available to blogs and websites who wish to sell EditStock projects directly on their website via a Buy Button HTML snippet. These sales earn a commission of 30% per sale.
Commission percentage is subject to change by the Company at any time. Notification to Affiliate of any change in commission amount will be given by Company at the email address on hand for the Affiliate.
b. Company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within 14 days of discovering such discrepancy.
c. Upon a determination by Company that the criteria in this Agreement have been satisfied with respect to a Qualified Customer, EditStock will pay You the applicable amount due for such Qualified Customers within the first 15 days of the beginning of each month in which EditStock receives payment from the Qualified Customers. Company will not be obligated to pay any amounts to You until Company has actually received full payment (in cash or equivalent) of all applicable fees from an applicable Qualified Customers that is not subject to refund or return to the Qualified Customers.
d. In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
e. Affiliates can check commissions by logging in at https://www.refersion.com using the username and password provided upon acceptance into the EditStock Affiliate Program.
Company shall make available to You certain advertisements, button links, text links, and/or other graphic or textual material for display (the “Promotional Materials”). Affiliate shall include a link from the Promotional Materials to Company’s website, as specified by Company.
USE OF PROMOTIONAL MATERIALS
The Affiliate’s use and display of the Promotional Materials shall conform to the following terms, conditions and specifications:
a. Affiliate may not use any graphic, textual or other materials to promote Company’s website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.
b. Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.
c. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.
d. The Promotional Materials will be used to link only to Company’s website, to the specific page and address as specified by Company.
NO INCOME CLAIMS ARE MADE
a. EditStock makes no representations or warranties whatsoever, regarding potential income that may result from participation in EditStock’s Partner Program and EditStock specifically disclaims any and all warranties in regards to Affiliate’s earning potential.
b. Affiliate agrees to provide EditStock with valid contact information upon registration.
c. EditStock will make every reasonable effort to accurately track and pay commissions for all sales that belong to or are credited to Affiliate. EditStock is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily interfere with, disrupt, or diminish tracking or service.
d. EditStock shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even where EditStock has been advised of the possibility of such damages. EditStock’s total liability arising from this agreement or program shall not exceed the total commissions paid or payable by EditStock.
Company retains all right, ownership, and interest in the Promotional Materials or Products, and in any copyright, trademark, or other intellectual property in the Promotional Materials or Products. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials , or in the underlying intellectual property, other than the rights to use the Promotional Materials.
RELATIONSHIP OF PARTY
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any respect.
AFFILIATES REPRESENTATIONS AND WARRANTIES
Affiliate represents and warrants the following:
a. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
b. Affiliate’s website does not contain any materials that are:
i. Sexually explicit, obscene, or pornographic;
ii. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
iii. Graphically violent, including any violent video game images; or
iv. Solicitous of any unlawful behavior
c. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s 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 does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
d. Affiliate will not use the Promotional Materials in any manner other than those set forth above.
e. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
f. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference Company or Company’s website unless Company gives prior written consent to the distribution of such materials. Affiliate will not use Company’s name (or any name that is confusingly similar to Company’s name) for any purpose on its website, in its promotional materials, or in any other context except to promote Company’s website as specified in this Agreement. Affiliate will not register any domain name that incorporates Company’s name, or that is confusingly similar to Company’s name. Affiliate will not bid on any search terms that include the Company's name, or that is confusingly similar to the Company's name.
g. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Company or Company’s website.
Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth above. Affiliate shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
TERM AND TERMINATION
This Agreement will commence acceptance and will continue until terminated by either party. Either party may terminate this Agreement for convenience, effective immediately upon notice. EditStock, in their sole discretion, may reject application by any affiliate member at any time for any reason or end the affiliate program in its entirety at any time.
Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate.
LIMITATION OF LIABILITY
Company shall 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 Company 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 Promotional Materials, or other performance of services under this Agreement.
GOVERNING LAW AND VENUE
This Agreement will be governed by the laws of the State of California as such laws apply to contracts between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement will be brought in a state or federal court located in Los Angeles, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
This Agreement constitutes the entire agreement between Company and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.