Please read this Agreement carefully!
It covers all of the details of your participation in the Affiliate Program, including how you can use our information, links, images, and content.
If you apply to become an Affiliate, you are acknowledging that you have read, understood, and agreed to these terms.
What this Agreement is for:
This Affiliate Program Agreement describes the terms and conditions for participation in the Joyful Creative Co. (Joyful Creative, LLC) Affiliate Program. As an authorized affiliate of Joyful Creative Co. (Joyful Creative, LLC), you agree to abide by the terms and conditions contained in this Affiliate Program Agreement (the “Agreement”). Please read the entire Agreement carefully before signing up as an affiliate and promoting our products and services.
For purposes of this Agreement, the term “You” refers to the individual or legal entity who applies for and is accepted into the Affiliate Program. The term “Owner” or “We” or “Us” refers to the sponsor of the Affiliate Program. The term “the Owner’s website” refers to the website that the Owner maintains at joyfulcreativeco.com.
Throughout the course of this Agreement, the Owner and You may each be referred to as a (“Party” or collectively as the “Parties”).
What this Agreement *does not* do:
This Agreement does not make the parties general partners, co-owners, principals or agents, or employers or employees of one another.
This Agreement does not sell or otherwise transfer ownership of either party’s respective business or intellectual property.
This Agreement does require either party to refrain from changing or reducing existing business lines and it does not create obligations to maintain certain business lines or act exclusively with one another.
This Agreement does not require us to accept a client and/or to provide (or not provide) a certain service. We maintain control over who may purchase from us.
How to Become an Affiliate
You will complete an Affiliate Signup Form, accessible at https://www.JoyfulCreativeCo.com/Affiliate/.
We will evaluate the application in good faith and will notify you of your approval in five business days or less.
If accepted to the Affiliate program, you will receive a welcome e-mail listing all products that are available for affiliate promotion. Just click through to sign up for the products you would like to promote, and you will be automatically approved. Detailed instructions will be included in the e-mail.
Products and Services Available for Promotion by Affiliates
Joyful Creative Co. sends a list of products and services available for You to promote as well as the current fee payable to Affiliates for their services in the Joyful Affiliate Dashboard (access provided upon acceptance into the program).
Our affiliate program operates on a last click 365 day cookie. You will receive affiliate payments for purchases by customers where your link was the last clicked by the customer, up to 365 days, or until the customer clears their cookies, whichever comes first.
How to Promote Joyful Creative Co.’s Products and Services
Your promotions should be legal, fair, and follow our guidelines to protecting our intellectual property.
We will provide you with an affiliate tracking link and links to sales pages. Your right to use these links is non-transferable and revocable.
You may not create your own links or sales pages, but must directly link to Joyful Creative Co.’s site using your affiliate tracking link.
Banner images for promoting our products or services will be provided for you.
You must prominently state that you will receive an affiliate commission for the sale of Joyful Creative Co.’s products and services near the link, and in email or social media promotions.
You may not offer your customers discounts, rebates, kick-backs, coupons, or any other monetary amount in exchange for the use of your affiliate link to purchase Joyful Creative Co.’s products or services. However, you may offer a bonus to your customers, such as access to a program of yours for free or a reduced rate if they purchase through your affiliate link.
You may not share your affiliate link with any other person who is not an intended customer (for example, with a friend for the purpose of sharing commissions).
Instead of ten pages of descriptions about how not to game the system, just be aware that any tactic which violates the spirit of a referral relationship (i.e., your good faith promotion of Joyful Creative Co. products to people who have expressed an interest in hearing from you, such as your email subscribers) will result in termination of this agreement and forfeiture of any commissions earned using these tactics, as determined by Joyful Creative Co. in its sole discretion.
How to Get Paid
To get paid, you must provide us certain information, your referred sales must meet the criteria below, and we must accept the customer/client.
You must provide certain information to us on request to be paid under the terms of this Agreement. The requirements may change from time to time, but will always include a name, physical address, and PayPal e-mail address for commission payout.
Joyful Creative Co. will process valid orders (see “How to Promote…” above) placed through your unique tracking link and will pay you published rates of commission at the time of the sale. Orders not placed through your link will not be compensated. There are no exceptions due to the difficulty in proving the referral source.
Your affiliate payment will be payable 7 days after the fee is collected from the customer. If they pay in full, you will receive your complete affiliate payment 7 days after successful sale. If they pay in installments, you will receive payment as a percentage of each installment 7 days after each installment is made. If they do not complete the payment program, you will not receive the entire commission. There are no circumstances in which you will receive two referral commissions for the same client for the same product or service.
You may not receive commission by purchasing through your own referral link. If you realize this has happened, please simply e-mail Jess at Jess @ JoyfulCreativeCo .com.
All aspects of order processing and fulfillment, including Joyful Creative Co.’s products, services, cancellation, processing, refunds and payment processing will be our responsibility. Occasionally, in our sole discretion, we may have to refund a customer. You will not be compensated for such a sale.
Commissions will be processed 7 days after a sale is made.
Commissions will be paid to your PayPal account with the information provided by you at sign up.
If You have a question about a commission, contact us within thirty (30) days from the day the payment would have been due at Jess @ JoyfulCreativeCo .com.
Joyful Creative Co.’s Rights
Joyful Creative Co. maintains sole rights to its links, sales pages, and offerings, including the rights to:
- Determine whether to offer, or continue to offer, a product or service;
- Set pricing and availability of products and services;
- Withhold commissions temporarily for Affiliates who refer clients with an excessive cancellation or chargeback rate;
- Market directly to purchasers referred by you;
- Market its own products and services in competition with affiliates;
- Make changes to our business policies, including this Agreement (In which case you will be notified of any changes via the e-mail you have provided to us. Continuing to participate in this affiliate program by using affiliate link will be considered as acceptance of the change.);
- Remove or suspend affiliates for any reason, in our sole discretion;
- Withhold commissions due to you to offset past due amounts you owe to us for your own purchases;
- Cancel a purchase for someone we cannot provide legal services to, in our sole discretion; and
- Terminate this program.
Other Important Legal Terms
You are entering into this Agreement as a business owner, whether or not you have a registered business entity.
You are responsible for the payment of all taxes related to the commissions you receive under this Agreement, whether state or federal.
Disclaimer. We make no express or implied warranties or representations with respect to the Affiliate Program or any Joyful Creative Co. Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.
Limitation of Liability: WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Confidentiality: Information concerning the amount of Commission payable, paid, or available to you, shall be confidential, except as may be required to comply with a valid court order and to your accountant and other business personnel who need to know.
Governing Law. The laws of the State of Maryland will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Maryland and you irrevocably consent to the jurisdiction and venue of such courts. Lawsuits filed elsewhere shall be dismissed immediately.
Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
This file was last modified on October 8, 2023.