Pixpa Affiliate Program - Terms & Conditions
Last updated: 3 June 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”, “Media Partner”, "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.
Definitions
- The term "Media Partner's Website" below pertains to a Media Partner's participating website(s) or online property(ies) including but not restricted to the Media Partner's social media channels(s), blog(s), and other online properties.
- The terms "bid" and "outbid" below cover bidding for PPC, AdWords & Display Ads, including but not limited to Google (and all their related search businesses), Facebook (and all their related search businesses), Bing (and all of Microsoft's related search businesses), Baidu, Yahoo, Tiktok, Snapchat, and other search engines or social media properties.
General
- Media Partner may NEVER use language such as "official" or any ad copy that may appear that they represent Pixpa. When promoting Pixpa, you must clearly represent yourself as independent from Pixpa.
- Media Partner is an independent entity, and joining the Pixpa Affiliate Program doesn’t create any partnership, joint venture, franchise, sales representative, or employment relationship between Media Partner and Pixpa. You have no authority to make or accept any offers or representations on our behalf.
- Media Partner may NOT register or use any domain name URL or social media accounts which include the word Pixpa(or any derivative/broad match of the word Pixpa) in any way.
- Media Partner may NOT 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.
- Media Partner may only use the approved marketing materials produced by Pixpa that include logos, marketing copies, technical specifications, banners, discount codes and product images.
- Media Partners are NOT permitted to use any form of technology, programming, or scripting to display the contents of Pixpa in another website location including, but not limited to, the use of iframes.
- Media Partner must be eighteen (18) years of age or older.
- Pixpa reserves the right to change the program policy without notice at any time.
Program General Restrictions
- Media Partner's website may NOT infringe on our or anyone else’s intellectual property, publicity, privacy or other rights.
- Media Partner's website may NOT violate any law, rule, or regulation.
- Media Partner's website may NOT contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography, or sexually explicit materials.
- Media Partner's website may NOT contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Media Partner's website may NOT contain 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 Media Partner commissions from another website. This includes toolbars, browser plugins, extensions, and add-ons.
- Media Partners with loyalty, incentive, coupon and/or discount code websites are not eligible for this program.
- All gift cards are non-commissionable. All gift card sales will be voided.
- Pixpa reserves the right to not commission on products deemed as key product launches, discontinued partnerships, or any other reason Pixpa finds that a product should no longer be commissionable.
- If a previously commissionable product is no longer going to receive a commission, all banners and text links for that product must be removed from the Media Partner's Website. Any banners and text links will be set to the default commission and affiliates will receive notification about the commission update.
Program Links and Ads
- Media Partner may NOT use any variation of the Pixpa trademark or any URL that includes the domain name Pixpa.com as their display URLs.
- Media Partner may only use the Impact Platform tracking link/code obtained from the Impact Platform interface without manipulation.
- Media Partner may publish tracking links in domains listed in your profile/website.
- Media Partner's Website may NOT in any way copy, resemble, or mirror the look and feel of www.pixpa.com or any other online property owned by Pixpa.
- Media Partner may NOT use any means to create the impression that Media Partner's Website is the website of Pixpa or any part of the website of Pixpa, including but not limited to, framing of the website of Pixpa in any manner.
- Media Partner may NOT engage in cookie stuffing or include pop-ups and false or misleading links on your website. In addition, wherever possible, Media Partner may NOT attempt to mask the referring URL information (i.e. the page from where the click is originating).
- Using redirects to bounce a click off a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
- If Media Partner is found redirecting links to hide or manipulate their original source, Media Partner's current and past commissions will be voided, or Media Partner's commission level will be set to 0%. This does not include using "out" redirects from the same domain where the Impact Tracking link is placed.
- Promoting Pixpa through a sub-affiliate network is permitted, however, you must be completely transparent with regards to where traffic from your sub-affiliates originated in order not to be in violation of the above restrictions.
PPC Ads Policy
- Media Partner may NOT bid on the terms, misspellings, or derivations of the word “Pixpa”.
- Media Partner may NOT use paid ad networks (Google Ads, Facebook Ads, or any other PPC ad networks) to send traffic to or advertise your affiliate links.
- Media Partner may NOT outbid Pixpa for the placement of any keywords with the Pixpa trademark or any combinations/misspellings thereof, including broad matches.
- Media Partner may NOT bid on the trademarked word "Pixpa" in any manner, singularly or in any conjunction with, other characters or in combination with other words in the search that may result in a broad match of the word "Pixpa" singularly. The word "Pixpa" is off-limits.
- Media Partner may NOT use the trademarked word "Pixpa" in any Titles, content or the display URL of any paid ads.
- Media Partner may NOT directly link from search ads. All paid search ads must link to a Media Partner's Website landing page.
Social Media Policy
- Media Partner may promote offers provided by Pixpa to Media Partner's own lists; more specifically, Media Partner is welcome to use links on your own Facebook, Twitter, etc. pages. For example, you may post, "25% off sale at Pixpa through Wednesday with code XXXX25."
- Media Partner may NOT post your affiliate links on Pixpa's Facebook, Instagram, LinkedIn, TikTok etc. company pages in an attempt to turn those links into affiliate sales.
- Media Partner MUST manage all comments on Media Partner's platform.
- Media Partner MUST include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for this 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. For more information about guidelines and guidance notes for Interactive Marketing Communications & Social Media, please review it at https://asas.org.sg/About/Social-Media.
Reversal and Communication Policy
- Pixpa reserves the right to reverse orders or lead actions due to order cancellations, duplicate tracking, returns, refunds, disputed charges, suspected reseller activity, suspected fraudulent or illegal activity, and program violations as outlined in these terms and conditions.
- Payout is paid only on payments received for the first subscription started by your referrals. Any additional subscriptions, upgrades or add-ons such as extra file storage space are not eligible for payouts.
- If Pixpa asks Media Partner for clarification or more information on any orders, lead actions, or clicks that Pixpa suspects may be in violation of our terms and conditions, Pixpa expects that Media Partner will respond in a timely and honest manner.
- Pixpa reserves the absolute right to reverse orders, set Media Partner's commission to 0% or suspend Media Partner from the program for the period of orders in question.
- Pixpa understands that many violations are a result of automated processes; however, it is incumbent upon each Media Partner to ensure that it has the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.
Program Termination
- Pixpa reserves the right to terminate your Affiliate account at any time, with or without cause.
- Media Partners with no referral/sales for six consecutive months will have their account terminated.
- Media Partners who violate this agreement in any way will have their account terminated based on the sole discretion of Pixpa. In this case, Media Partner's current and past commissions will be voided, or Media Partner's commission level will be set to 0%.
- While an attempt to communicate with a Media Partner suspected of being in violation will likely be made, Pixpa is under no obligation to inform violators that they are being made inactive from the program.
- Any earnings reported from sales while violating these terms will not be paid.
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
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.
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.
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.
Miscellaneous
Our Privacy Policy is incorporated herein by reference and, together with these Terms, constitutes 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.
Governing Law
Unless the Parties mutually agree otherwise this agreement shall be governed by the laws of India and the Courts in Delhi, India shall be the sole and exclusive forum for any dispute under this Agreement.
Whenever needed, including in the question of governance, these terms take precedence over the Impact Master Campaign Agreement.