Affiliate Terms & Conditions
Updated January 2017
read our affiliate terms and conditions (“Terms”) carefully before you join
program or begin marketing our program. These terms and conditions are
written in plain language intentionally
avoiding legalese to ensure that they
may be clearly understood and followed by affiliates. Each Affiliate
and is responsible for assuring that its employees, agents and contractors,
comply with these
Any dispute in connection with
these Terms or your participation in the
Program (defined below) is subject to Section 16 of the TOU.
If there is a
conflict between these Terms and the TOU, these Terms will control. These
subject to change and, if you disagree with any change or
modification, your only option is to discontinue
your participation the
Program. Your continued use of the Program after any change or modification
means that you agree to the modified/changed Terms. Thank you.
As used in these Terms: (i) “We”, “us”, or “our”
refers to CreativeLive, Inc.
and our website; (ii) “you” or “your” refers to
the Affiliate; (iii) “our
website” refers to our properties located at www.CreativeLive.com;
website” refers to any websites that you will link to our website; (v)
refers to our Affiliate Program.
To be eligible for the Program, you must be at least 18 years of age, submit
a Program application containing all the information requested, including
accurate and complete contact
and payment information (and provide us with
future updates) and accept these Terms. After receiving
your application, we
will review your website and notify you of your acceptance or rejection into
our Program. Please allow up to 48 hours for your application to be reviewed.
We reserve the right to
reject any application, however we encourage you to
contact us if you feel we have made an incorrect
decision. Including all of
the websites that you use in your profile will help us make a better
CreativeLive Employees cannot also be Affiliate Partners
CreativeLive program. If you are a current Employee of CreativeLive and are
be promoting CreativeLive through Affiliate links, we will decline
your application and reverse any
commissions earned through the channel to
Your participating website(s) may not:
on our or any anyone else’s intellectual property, publicity, privacy or
any law, rule or regulation.
any content that is threatening, harassing, defamatory, obscene, harmful
to minors, or
contains nudity, pornography or sexually explicit
any viruses, Trojan horses, worms, time bombs, cancelbots, or other
routines that are intended to damage, interfere
with, surreptitiously intercept or expropriate any
system, data, or
software or use technology that attempts to intercept, divert or
redirect Internet traffic
to or from any other website, or that
potentially enables the diversion of affiliate commissions from
website. This includes toolbars, browser plug-ins, extensions and
TO OUR WEBSITE
Upon acceptance into the Program, links will be made available
to you through
the affiliate interface. Your acceptance in our program means you agree to and
by the following.
will only use linking code obtained from the affiliate interface without
domains that use your affiliate link must be listed in your affiliate
Website will not in any way copy, resemble, or mirror the look and feel
of our Website. You
will also not use any means to create the impression
that your Website is our Website or any part
of our Website including,
without limitation, framing of our Website in any manner.
may not engage in cookie stuffing or include pop-ups, false or
misleading links on your website.
In addition, wherever possible, you
will not attempt to mask the referring url information (i.e. the
from where the click is originating).
redirects to bounce a click off of a domain from which the click did not
originate in order
to give the appearance that it came from that domain
If you are found redirecting links
to hide or manipulate their original source, your current and past
commissions will be voided or your commission level will be set to 0%. This
does not include using “out”
redirects from the same domain where the
affiliate link is placed.
Affiliates may not create affiliate tracking links that also contain
tracking link for our Referral Program. Affiliates are permitted to
participate in either the
Program or the Referral Program but individual
links must be specific and exclusive to one of the programs.
in this Program, you agree not to claim commission or credit from both the
and from our Referral Program for the same transaction.
COMMISSION REDUCTION & OVERWRITE RULE
We use a dynamic pixel system that
may make changes to the standard
commission in the case of a mid-checkout referral, which is defined
cookie that is set within a set amount of time prior to the purchase. By
reducing our commission
on these types of referrals and by closely monitoring
the quality of traffic we receive from each affiliate,
we will be able to pay
out higher commissions for driving new customers and traffic. This logic also
gives full credit to the first referring affiliate in the case that a second
affiliate enters within
a set amount of time prior to the purchase.
Mid-checkout commission and overwrite rules are subject
affiliates outside of ten minutes before sale, normal "last
in" logic applies.
affiliate outside of ten minutes before sale, one within. "Last
in" affiliate will
receive a lower commission and first affiliate
will receive full commission.
affiliate within last ten minutes, reduced commission will apply.
affiliates within last ten minutes, “last in” affiliate will receive the
If you are enrolled in our Program and participate in PPC advertising,
must adhere to our PPC guidelines as follows:
may not bid on any of our trademarked terms (which are identified
below), including any variations
or misspellings thereof for search or
content based campaigns on Google, MSN, Yahoo, Facebook or any
may not use our trademarks in sequence with any other keyword (i.e.
may not use our trademarks in your ad title, ad copy, display name or as
the display URL.
may not direct link to our website from any Pay Per Click ad or use
redirects that yield the
same result. Affiliate links must be directed
to an actual page on your website.
may not bid in any manner appearing higher than CreativeLive for any
search term in position
1-5 in any auction style pay-per-click
If you automate your PPC
campaigns, it is your responsibility to exclude our trademarks from your
program and we strongly suggest you add our trademarks as negative keywords.
We have a strict no tolerance
policy on PPC trademark bidding. You will
forfeit all commissions for a minimum of the past 30 days
and your commission
will be set to 0% without warning if you engage in PPC trademark bidding that
uses our trademarks.
Trademarks: CreativeLive, Creative Live, CreativeLive.com
If you are enrolled in our Program and your Website promotes coupon
you must adhere to our Coupon Guidelines as follows:
may ONLY advertise coupon codes that are provided to you through the
any information about how to work around the requirements of a
coupon/promotion (ie first
time customers only) will result in removal
from the program.
must be displayed in their entirety with the full offer, valid
expiration date and code.
may NOT use any technology that covers up the coupon code and generates
the affiliate click
by revealing the code(s).
may NOT advertise coupon codes obtained from any non-affiliate marketing
coupon codes from our email, paid search or any other
non-affiliate advertising campaigns.
may NOT give the appearance that any ongoing offer requires clicking
from your website in order
to redeem. For example, if all items on the
site have free shipping over $100, you may not turn this
into an offer
that infers that the customer must click from your site to get this
Additionally, if your website
ranks on the first page of Google for terms related to our website or company
name(s) combined with the words coupon, coupons, coupon code, promo code,
etc. and/or your conversion
rate exceeds 25%, you may be offered a lower
commission than our standard rate to offset the reduced
ATTRIBUTION & AUTHENTICATION
Affiliates whose primary business is posting coupons,
who are viewed by the
program as being a coupon site, and/or who are tagged as coupon in our
may not be paid commissions for sales generated without a
corresponding valid coupon code. Valid codes
are defined as codes that are
made available to the affiliate channel in general, through newsletters
the Deals Database in ShareASale, and directly or privately to affiliates.
Coupon codes that
are not real, expired, not specific (i.e up to 40% off sale
items) or are long-term sitewide offers
that do not require a code may not
considered valid codes and the affiliate will not be given commission
Promoting us through a sub-affiliate network is permitted, however
be completely transparent with regards to where traffic from your
Sub-affiliate networks must ensure that all
sub-affiliates promoting the Program adhere to our program
conditions. This includes restrictions on advertising through toolbars,
and through any paid placements such as a pay-per-click
campaigns. Sub-affiliate networks must also
receive approval prior to
allowing any type of coupon sub-affiliate to promote the Program.
Failure to comply with our sub-affiliate network terms may result in a loss
of commission from sales made through any sub-affiliate that
does not comply with our program terms.
Use of any of our trademarks as part of the domain or sub-domain for your
website is strictly prohibited i.e. CreativeLive.website.com or
You shall not create, publish, distribute, or print any written
makes reference to our Program without first submitting that material to us
our prior written consent. If you intend to promote our Program
via e-mail campaigns, you must adhere
to the following:
by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our
must be sent on your behalf and must not imply that the e-mail is being
sent on our behalf.
must first be submitted to us for approval prior to being sent or we
must be sent a copy
of the e-mail.
Promotion on Facebook, Twitter, and other social media platforms is permitted
following these general guidelines:
ARE allowed to promote offers to your own social media pages or groups
you manage; more specifically,
you’re welcome to use your affiliate
links on your own Facebook, Twitter, etc. pages. For example:
post, “25% off sale at CreativeLive through Wednesday with code
ARE PROHIBITED from posting your affiliate links on our Facebook,
Twitter, Pinterest, etc.
company pages in an attempt to turn those links
into affiliate sales.
ARE PROHIBITED from running Facebook ads with our trademarks.
ARE PROHIBITIED from creating a social media account that includes our
trademarks in the page
name and/or username.
OUTSIDE UNITED STATES
If you are conducting business in or taking orders from
persons in other
countries, you will follow the laws of those countries. For example, you will
comply with the European Union’s Privacy and Electronic Communications
Directive if you are conducting
business in or taking orders from persons in
one or more of the European Union countries.
& COMMUNICATION POLICY
We take pride in its very low reversal rate, which
we attribute to open
communication with our affiliates. However, we reserve the right to reverse
orders due to order cancellations, duplicate tracking, returns, disputed
charges, and program violations
as outlined in these terms and
Additionally, if we ask you for
clarification or more information on any
orders or clicks that we suspect may be in violation of our
conditions, we expect that you will respond in a timely and honest manner.
violations of our communications policy.
are not forthcoming, intentionally vague or are found to be lying.
are not responsive within a reasonable time period and after multiple
attempts to contact with
information listed in your network profile.
cannot substantiate or validate the source of your traffic to our
program with clear and demonstrable
If any of the above apply, then we
reserve the absolute right to reverse orders, set your commission to
suspend you from the program for the period or orders in question. 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 pro-actively address these issues and adhere to our
You shall include a disclosure statement within any and all
blog/posts, or social media posts where affiliate links for our affiliate
program are posted
as 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 we are compensating you for your review or
endorsement. If you received the product for free from us or from the
affiliate management team for
review, this also must be clearly stated in
must be made as close as possible to the claims.
should be placed above the fold; scrolling should not be necessary to
find the disclosure.
(e.g. Disclosure should be visible before the
disclosures are prohibited.
For more information about FTC
disclosure requirements, please review the FTC's "Dot Com
http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's
AGAINST SOLICITATION FOR RESIDENT AFFILIATES IN SELECT STATES
Due to local
state tax laws, we unfortunately are not accepting affiliates
residing in Arizona, Arkansas, Connecticut,
Hawaii, Maine, Minnesota,
Missouri, New Mexico, Nevada, Ohio, Pennsylvania and Vermont. If at any time
following your enrollment in the Program you become a resident of Arizona,
Arkansas, Connecticut, Hawaii,
Maine, Minnesota, Missouri, New Mexico,
Nevada, Ohio, Pennsylvania and Vermont you will become ineligible
participate in the Program and your participation in the Program will
on the date you establish residency in that State.
In addition, you must promptly notify us in writing
of your Arizona,
Arkansas, Connecticut, Hawaii, Maine, Minnesota, Missouri, New Mexico,
Ohio, Pennsylvania and Vermont residency, which you may do via the
Shareasale.com affiliate website.
The preceding paragraph only applies to affiliates that constitute
organizations, clubs and
nonprofit groups. You shall maintain prominently on
your website information alerting your members to
the prohibition against
solicitation activities in these states as described above.
To be eligible to earn a commission on purchases, a customer
click-through a tracking link from your site to our site, add a course(s) to
his or her shopping
cart during a session and make a purchase before the
session lapses. The session ends upon one of the
following events: 30 days
elapse from the customer's initial click-through or the customer follows a
third party's tracking Link after clicking your tracking Link. Purchases will
be commissioned as follows:
rev share for purchases made by new purchasers
rev share for purchases made by existing purchasers
We will only commissions on course
purchases after order and payment have occurred. Affiliate sites that
primarily promote coupons, deals, discounts, incentives, rebates and/or
cashback will receive a 5% rev
share for purchases made by new and existing
You are also eligible
to earn a commission for referring new user
registrations through our program using a tracking link.
A valid new user
registration will receive a $1 commission.
All purchases and new
user registrations will be reviewed monthly for
validity and may be voided if the purchase or new user
fraudulent. If you are found to be in violation at any time of our Program
any purchase or new user registration commission due to you may be
We retain all right, title, ownership, and interest in our
property, including any and all copyright, trademark, or other proprietary
therein. Nothing in these Terms shall be construed to grant you any
right, title or ownership in our
Any information that you are exposed to by virtue of your participation
the Program, which information is not available to the general public, shall
be considered to
be "Confidential Information." You may not
disclose any Confidential Information to any person
or entity, except where
compelled by law, unless you obtain our prior written consent for such
disclosure. You shall not use any Confidential Information except to the
extent necessary to fulfill
the purposes of these Terms.
We may, in its sole discretion, change, suspend or discontinue any aspect of
the Program (in whole or part), an offer or link or remove, alter, or modify
any tags, text, graphic
or banner ad in connection with a link. You agree to
promptly implement any request from us to remove,
alter or modify any link,
graphic or banner ad that is being used by you as part of the Program.
You hereby agree to indemnify, defend and hold harmless us and our respective
subsidiaries, affiliates, partners, and licensors, directors, officers,
employees, owners and agents
against any and all claims, actions, demands,
liabilities, losses, damages, judgments, settlements,
costs, and expenses
(including reasonable attorneys' fees and costs) based on (i) any failure or
breach of these Terms, including any representation, warranty, covenant,
restriction or obligation you
made herein, (ii) any misuse by you, or by a
party under your reasonable control or obtaining access
through you, of the
links, offers or our intellectual property, or (iii) any claim related to
media, including but not limited to, the content contained on such media
(except for the Links).
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE
OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT, PROGRAM, LINKS,
PRODUCTS AND SERVICES PROVIDED
UNDER THIS AGREEMENT ARE PROVIDED TO AFFILIATE
"AS IS". TO THE FULLEST EXTENT OF THE LAW, WE
ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT, AND
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING,
USAGE, OR TRADE. CL DOES NOT WARRANT THAT THE PROGRAM
OR LINKS WILL MEET
AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM OR
WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. CL EXPRESSLY DISCLAIMS
ANY LIABILITY FOR ANY ACT OR
OMISSION OF A CLIENT OR THEIR PRODUCTS OR
SERVICES. CL DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY
TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT SHALL WE BE LIABLE
UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM SITES, TECHNICAL
ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER
INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR
CONTROL. TO THE FULLEST
EXTENT OF THE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, LOSS OF PROFITS OR LOSS OF
BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER
WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY TO
FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE
LIMITED TO THE AMOUNTS WE PAID TO YOU
DURING THE SIX (6) MONTHS IMMEDIATELY
PRIOR TO SUCH CLAIM.
LAW & MISCELLANEOUS
These Terms are governed by and construed in accordance
with the laws of
Washington State, without regard to its conflict of laws provisions. These
contain the entire understanding between the parties with respect to
the subject matter hereof, and
supersedes all prior and/or contemporaneous
agreements or understandings, written or oral. These Terms
are binding on,
and inure to the benefit of, the parties’ legal representatives, successors,
and valid assigns. We shall not be subject to, or bound by, any affiliate
insertion order or online
terms and conditions that amend, conflict with or
supplement these Terms, regardless of whether we "click
otherwise indicates our acceptance thereof. You are responsible for the
of all attorney’s fees and expenses incurred by us to enforce these
Terms. You may not assign
all or any part of these Terms without our prior
written consent and any attempted assignment without
our consent is void. We
may freely assign these Terms. If any provision of these Terms is held to be
void, invalid or inoperative, the remaining provisions of these Terms shall
continue in effect and the
invalid portion of any provision shall be deemed
modified to the least degree necessary to remedy such
retaining the original intent of the parties. Each party to these Terms is an
independent contractor in relation to the other party with respect to all
matters arising under this
Agreement. Nothing herein shall be deemed to
establish a partnership, joint venture, association or
relationship between the parties. Neither course of dealing nor any delay in
any rights hereunder shall operate as a waiver of any such rights.
No waiver of any default or breach
shall be deemed a continuing waiver or a
waiver of any other breach or default.
2017 CreativeLive, Inc. & Acceleration Partners LLC