This Affiliate Program Terms of Participation ("Participation Terms") together with the Affiliate Program Description & Requirements in the Account ("Requirements") and the Terms & Conditions ("T&Cs", together with Participation Terms and Requirements, the "Agreement") located here: https://www.confetticatco.com/pages/terms-conditions govern your application and participation in the Affiliate Program, your use of any Collective Tools, and creation of and use of an Account. Any capitalized terms used but not defined in these Participation Terms shall be as defined in the Agreement.
1. We administer an influencer network program ("Affiliate Program") that may make available certain websites, tools, applications, widgets, software, API’s, Authorized Links (defined below), and associated content, software, and documentation ("Collective Tools") that may enable Influencers (defined below) to promote and monetize certain content. By using and creating a Confetti Cat Co. Affiliate Program account ("Account"), you agree to be bound by the Agreement.
2. You must be at least 18 years of age to create an Account. If you do not agree to the terms of the Agreement, do not create an Account or use the Collective Tools. Limit one Account per individual. If you do not comply with the terms of the Agreement, we may terminate the Agreement and disclaim any obligation to compensate you in any manner for any of your activities that might otherwise have resulted in you receiving compensation had you complied with the Agreement. Accounts are personal to you and you may not apply for an account on behalf of another individual. You shall keep your Account username and password confidential. You are solely responsible for maintaining the security of, and for all activities that occur under, your Account. You shall notify Confetti Cat Co. immediately if, or if you suspect that, the security of your Account has been breached.
3. Upon your application to the Affiliate Program, Confetti Cat Co. may evaluate your websites, blogs, and social media accounts ("Influencer Properties") and the content created by you ("Influencer Content") to determine eligibility. Upon request, you shall provide supplementary documentation and information to support your application including without limitation any documents for tax purposes such as a W9. Acceptance into the Affiliate Program is at the sole discretion of Confetti Cat Co., and Confetti Cat Co. may reject or deny your application for any reason or no reason at all. Once you have been accepted into the Affiliate Program you shall be a "Influencer" and may be eligible to earn compensation on your Influencer Content via your Influencer Properties.
4. Only approved Influencers may be eligible to earn compensation ("Fees") from certain actions ("Actions") that result from a user using a customized discount code specific to Influencer or clicking on the Authorized Links on the Influencer Properties and making a purchase (or performing other measurable activities) as determined by Confetti Cat Co., in its sole discretion. The specific Actions on which the Fee is based shall be set forth in the Influencer’s Account. Action rates are subject to change without notice at any time. Fees will be determined solely by Confetti Cat Co., in its sole discretion, and Confetti Cat Co.'s determination is final and binding on you even if you disagree with Confetti Cat Co.'s determination of the amount you are owed. Confetti Cat Co. reserves the right to withhold, offset, or charge back your Account due to returns, refunds, reversals, fraud or a default on payment by the customer. Fees for Actions based on purchases are not earned and do not become payable until (a) a purchase can no longer be returned, disputed, claimed as defective, and (b) when Confetti Cat Co. has received payment from the customer ("Closed"). Confetti Cat Co. shall not liable for payment on any Actions that are not Closed. Fees do not become payable until Confetti Cat Co. has reviewed your Account and approved the Account for payment. Confetti Cat Co. reserves the right to deny approval of Accounts for any reason, including, but not limited to, your violation of this Agreement.
5. You are ineligible for payment until Confetti Cat Co. has approved you as an Influencer. Confetti Cat Co. shall not be liable for any payments on transactions that have not Closed or on Accounts that have not been approved for payment. Confetti Cat Co. also reserves the right to deny payment for: (a) Actions resulting from any bot, automated program or similar device, as determined by Confetti Cat Co., in its sole discretion; (b) Actions generated through deceptive, abusive, fraudulent, or other invalid means, as determined by Confetti Cat Co., in its sole discretion, including, without limitation, any Actions originating from your IP addresses or computers under your control; (c) Actions solicited by payment of money, false representation, or request for end users to click on any customized links specific to you for commission earning purposes ("Authorized Links"); (d) clicks co-mingled with a significant number of invalid clicks described in (b) above; (e) your breach of these Terms; (f) your violation of applicable national, federal, state, and/or local laws, statutes, rules, regulations and orders (collectively, "Applicable Laws"); and (g) if Confetti Cat Co. determines, in its sole discretion, that payment to you will violate Applicable Laws.
6. Payments are made on a monthly basis, provided that you are an approved Influencer, your Account is approved for payment, and the amounts earned in your Account meets the Minimum Balance. Payments are delayed by one month to account for any returns, disputes, etc. The "Minimum Balance" is US$20. Any payments will be made via PayPal or electronic transfer to your bank account. Confetti Cat Co. reserves the right to modify the payment method at any time in its sole discretion. Payment shall be calculated solely based on records maintained by Confetti Cat Co. at its sole discretion. You are responsible for providing Confetti Cat Co. with accurate information needed to facilitate payment to you. You are responsible for keeping your payment information updated in your Account. Confetti Cat Co. hereby disclaims any liability for any payments related to erroneous contact or payment information provided by you. If you dispute any payment made, you must notify within thirty (30) days of any such payment by emailing a detailed description of your dispute to firstname.lastname@example.org. You agree that failure to do so shall result in your waiver of any claim relating to such disputed payment. Moreover, you agree that by granting you permission to dispute the amount of any payment made to you, Confetti Cat Co. in no way waives its absolute right, as set forth above, to make a final, binding determination, in its sole discretion, of the amounts you are owed.
7. You are solely responsible for paying any and all applicable taxes or charges imposed by any government entity in connection with your earnings from the Affiliate Program, including, without limitation, any income tax related to your earnings from the Affiliate Program. Confetti Cat Co. is not obligated to, but may deduct applicable tax from any payments owed to you to the extent it is required by Applicable Laws.
8. These Participation Terms are effective upon your creation of an Account and shall continue until terminated in accordance with this Agreement ("Term"). You may terminate these Terms with written notice to Confetti Cat Co. Confetti Cat Co. may terminate these Participation Terms, your Account, and your enrollment in the Affiliate Program, in whole or in part, including your access to the Collective Tools, at any time with or without reason. Upon the effective date of termination, you will no longer be eligible to earn any additional Fees. If your account is deactivated for any reason, Confetti Cat Co. reserves the right to deduct a $5.00 USD administrative fee from any Account balance. Any Actions that have not Closed as of the effective date of termination are not payable.
9. Confetti Cat Co. reserves the right to terminate your Account for inactivity or at any time, in its sole discretion. Inactivity is defined as any three (3) month period in which (a) no purchase Actions have Closed on your account or (b) your Account accrues less than $75.00 USD in earnings. Upon any termination of your Account, Confetti Cat Co. shall pay any outstanding account balances earned and payable within thirty (30) days of termination, less $5.00 USD administrative fee. If you fail to provide Confetti Cat Co. with complete and accurate payment information, Confetti Cat Co. reserves the right to debit your Account $5.00 USD per month ("Maintenance Fee") to recover the cost of account maintenance in its normal course of business until you submit the necessary payment information for Confetti Cat Co. to pay out your Account balance. Maintenance Fees are nonrefundable, but will not cause Account balances to become negative, and will not cause you to owe money to Confetti Cat Co.
10. You are solely liable for your Influencer Content and your Influencer Properties. You shall adhere to all applicable consumer protection and privacy-related laws and regulations, including, without limitation, Section 5 of the Federal Trade Commission Act, all endorsement requirements of the U.S. Federal Trade Commission ("FTC") and the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising (collectively, "FTC Regulations"), or other legal equivalents applicable to your jurisdiction. You shall include full, fair, and effective disclosures of the material facts relating to your relationship with Confetti Cat Co. Your disclosure statement should be clear and concise. If you are eligible to earn compensation or Fees on your Influencer Content, your disclosure statement must state that we are compensating you for your review or endorsement. If you receive a product for free from us, it must be clearly stated in a disclosure so that the reader can see both the disclosure and the review or endorsement at the same time. When you use Authorized Links, you must include a clear and conspicuous disclosure providing that you may earn fees in connection with your use of such links. You must use appropriate hashtags on your social posts (e.g., #ad or #sponsored). You shall immediately modify any Influencer Content and/or include the proper disclosures to comply with FTC Regulations upon notice. Failure to comply with this provision or a request to comply with FTC Regulations may result in termination of your Account. For more information on how to comply with the FTC requirements, please visit https://www.ftc.gov.
11. You shall take all necessary and proper measures to protect personal privacy on your Influencer Properties, including, without limitation, making all appropriate privacy and data collection and/or data usage disclosures in accordance with Applicable Laws. You will comply with the obligations under applicable data protection, privacy or similar laws that apply to data processed in connection with this Agreement. If you operate from the European Economic Area ("EEA") or you market to or target individuals in the EEA or you collect or otherwise process any personal data (as defined by the Regulation (EU) 2016/679 ("GDPR")) from users in the EEA, then you agree to comply with the GDPR and the Directive 95/94/EC (collectively, Data Regulations"). You shall inform users in a prominent manner that you use tracking devices and cookies for advertising purposes, and obtain user consent to place tracking devices, such as cookies (including those enabled by Confetti Cat Co., if any) on such users’ computers and devices. You will share such consent with Confetti Cat Co. in a manner that is mutually agreed upon and provide users the ability to withdraw such consent, in each case via the technology made available to you by Confetti Cat Co. or such other consent tool approved by Confetti Cat Co. You will cooperate with Confetti Cat Co. as reasonably requested to enable the compliance with these Participation Terms.
12. By creating an Account, you are becoming a member of a community that depends on the goodwill and responsible behavior of each individual. You shall not transmit or communicate any images, content, or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Affiliate Program, the Collective Tools, Confetti Cat Co., our employees, contractors or agents, or other influencers. This includes communications by means of social media or other Internet posts which violate our Agreement or promote or encourage gaming or fraudulent behavior. If you violate this provision, as determined by Confetti Cat Co. in its sole discretion, we may terminate these Participation Terms and your enrollment in the Affiliate Program.
13. You represent and warrant that: (a) you are at least 18 years of age; (b) all information provided by you to Confetti Cat Co. is correct, accurate, and current; (c) your Influencer Content shall be your original work, you are the exclusive owner of your Influencer Content, and your Influencer Content does not infringe, misappropriate or violate a third party's intellectual property rights or rights of publicity or privacy; (d) you shall comply with all Applicable Laws, including without limitation, all FTC Regulations and Data Regulations; (e) you have the right to grant all of the licenses set forth under this Agreement, without Confetti Cat Co. incurring any third party obligations or liability arising out of its exercise of the rights granted by you under this Agreement; (f) you hold any rights or consents necessary for Confetti Cat Co. to process the visitor information collected by Confetti Cat Co. from your Influencer Properties in accordance with this Agreement and to transfer such data outside of the EU; and (g) you will take appropriate technical and operational measures against accidental loss and damage to, and the unlawful processing of visitor information collected on your Influencer Properties.
14. "Intellectual Property Rights" mean any copyright, trademark, patent, trade secret, and other intellectual property rights. You shall maintain all right, title, and interest in and to your Influencer Content, including all Intellectual Property Rights therein. Confetti Cat Co. and/or its licensors shall maintain all right, title, and interest in and to the Collective Tools, the Affiliate Program, and all Confetti Cat Co. Branding, including all Intellectual Property Rights therein."Confetti Cat Co. Branding" means all trademarks, service marks, logos, and other Confetti Cat Co. brand elements. The Collective Tools may include widgets or scripts designed push certain content or services to Influencer Properties without the need for a manual update. Such tools may collect information from visitors of Influencer Properties, and such data shall be owned by Confetti Cat Co. Any information or data collected by Confetti Cat Co. via the Collective Tools shall be the owned by Confetti Cat Co.
15. You hereby grant to Confetti Cat Co. a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform and publicly display the Influencer Content for any purpose, which include, but are not limited to, use in Confetti Cat Co. presentations, marketing materials, proposals, financial reports, search results pages, and referral pages, and syndication on sites or applications owned or operated by Confetti Cat Co. You further grant Confetti Cat Co. a non-exclusive, perpetual, worldwide, royalty-free license to use your name, images, and likeness ("Persona"), trademarks, service marks, logos, and other brand elements for the purpose of promoting the Affiliate Program and as incorporated in the Influencer Content in connection with the licenses granted hereunder.
16. You agree to indemnify, defend, and hold Confetti Cat Co. and each of their respective directors, officers, employees, and partners (collectively "Indemnified Parties") harmless from and against any and all claims, liability, settlements, loss, and expense (including, without limitation, attorneys’ fees and costs), brought against any Indemnified Party, arising out of or relating to (a) your use of the Collective Tools, (b) your Influencer Properties or Influencer Content, (c) your breach of any provision of this Agreement, (d) your violation of Applicable Laws, including, without limitation, any FTC Regulations or Data Regulations; and (e) any claim that your Influencer Properties or Influencer Content infringes on an Intellectual Property Right, privacy right, or publicity right of any third party. You agree to cooperate with Confetti Cat Co. in the defense of any claim, and Confetti Cat Co. reserves the right, at our own expense, to assume the exclusive defense, control and settlement of any indemnifiable matter under this Agreement.
17. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONFETTI CAT CO. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). CONFETTI CAT CO'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE COLLECTIVE TOOLS UNDER THIS AGREEMENT.
18. You will not engage in any conduct that is disparaging or make any disparaging statements about Confetti Cat Co. or its employees or agents. For the purpose of this Agreement, "disparaging" means a statement that denigrates the reputation, goods, or services of another. Without limiting any other rights or remedies available to Confetti Cat Co., violation of this provision may result in termination of this Agreement and of payments, as determined by Confetti Cat Co., in its sole discretion.
19. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remaining provisions of this Agreement will continue in full force and effect. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
Section 3-19 shall survive termination of this Agreement.