This Affiliate Service Agreement (the “Agreement”) is made by and between Crazy Eye Marketing and you, as an Affiliate utilizing the Crazy Eye Marketing service (“You”, “Your”, “Affiliate”).
Last Updated: 27FEB2018
- Eligibility and Acceptance of Terms
Crazy Eye Marketing reserves the right to accept or reject any application for membership in the Crazy Eye Marketing affiliate program for any reason in its sole discretion.
Affiliates must be 18 years or older, or the age of majority, in the jurisdiction where the Affiliate resides.
- Qualified Referrals and Commissions
Affiliates will receive commission for Qualified Referrals to Crazy Eye Marketing. The percentage of commission may change at any time and without notice.
“Qualified Referrals” mean customers referred by the Affiliate to Crazy Eye Marketing and who (1) purchase a monthly or yearly subscription to Crazy Eye Marketing or another Crazy Eye Marketing product; and (2) who do not request a refund of Crazy Eye Marketing purchases, products, or subscriptions.
Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details or commission payment details, as their referred customer will be deemed to have made a “self-referral.” Referral commission and any earnings associated with this type of “self-referral” will not be paid. Crazy Eye Marketing in its sole discretion will determine the meaning of “self-referral” and classification of any referral as a “self-referral.”
Affiliates referrals made to current Crazy Eye Marketing customers will be considered “current customer referrals.” Referral commission and any earnings associated with this type of “current customer referral” will not be paid. Crazy Eye Marketing in its sole discretion will determine the meaning of “current customer referral” and classification of any referral as a “current customer referral.”
Crazy Eye Marketing, in its sole discretion, may determine that no commissions will be earned on particular “Add-On” products and subscriptions due to associated administrative costs or high production costs.
Commissions earned on referrals become “payable” after 60 days, which constitutes Crazy Eye Marketing’s current money-back guarantee/refund period for customers.
If at any time, a referred customer files a credit card dispute, any earned affiliate commissions on those disputed charges shall become “frozen” in the referring Affiliate’s account until the dispute is settled. If the dispute is settled in Crazy Eye Marketing’s favor, any associated earned commissions may again become payable to the referring Affiliate. If the dispute is settled in the customer’s favor, any associated earned commissions shall not be paid to the referring Affiliate. If commissions have already been paid out to the referring Affiliate, the amount of paid earned commissions on the disputed charges shall be debited to the Affiliate’s account.
You will not receive any interest on commissions held to your account.
Commission payments may be made via check or electronic payment. Affiliate is responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, check cashing fees, etc.
Crazy Eye Marketing, in its sole discretion, may disqualify an Affiliate from participation in the use of any or all portions of the Site if such Affiliate engages in any conduct that Crazy Eye Marketing deems to be illegal, improper, unfair or otherwise adverse to the operation of the Crazy Eye Marketing or detrimental to other users of the Crazy Eye Marketing.
Crazy Eye Marketing reserves the right to request documentation needed to verify Affiliate accounts. These requests may be made at the time of Affiliate application, or at any time while the Affiliate has an active Affiliate account. If requests for documentation are not made in a timely manner, Crazy Eye Marketing also reserves the right to terminate, deactivate, or not approve Affiliate accounts.
You hereby agree to indemnify and hold harmless Crazy Eye Marketing, and its merchants, employees, agents, and shareholders, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses.
Crazy Eye Marketing reserves the right to change the terms and conditions or functionality of the Crazy Eye Marketing Affiliate program at any time without notice. It is also agreed that after notification of Agreement changes, continued use of the Crazy Eye Marketing Affiliate program constitutes acceptance of this Agreement. If you do not agree with changes to our Agreement, the Affiliate should cease promotion immediately and close their account.
Each Affiliate shall bear their own costs and expenses related to marketing and promoting the Crazy Eye Marketing service and/or the Crazy Eye Marketing Referral Program. Crazy Eye Marketing shall not reimburse or credit Affiliates for any marketing expenses, except in its sole discretion. Reimbursement of any marketing expenses shall not create a duty or obligation to reimburse any future marketing expenses.
Affiliates may only engage in marketing as set forth in this agreement.
Affiliates may not engage in the following marketing activities, and by accepting this agreement, represents and warrants that their marketing practices do not violate any of these restrictions:
- Affiliates shall not make any false, misleading, or disparaging statements with respect to the Crazy Eye Marketing services.
- Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of the Crazy Eye Marketing service.
- Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Crazy Eye Marketing, including using low-quality marketing materials, or advertising on any site that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or rights of a third party.
- Affiliates shall not send any email in violation of the federal CAN-SPAM statute 15 U.S.C. 1571, et seq.
- Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Crazy Eye Marketing’s services.
- Affiliates shall make clear that they, not Crazy Eye Marketing, are the sender of all marketing communications related to promotion of Crazy Eye Marketing’s services.
- Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
- Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Crazy Eye Marketing or Crazy Eye Marketing’s services without the express written consent of Crazy Eye Marketing.
- Affiliates shall not use malware or spyware to market or promote Crazy Eye Marketing services.
- Communications with Crazy Eye Marketing
Affiliates shall, within a reasonable time, inform Crazy Eye Marketing of:
- Any breach of customer data the Affiliate has collected in connection with its marketing or promotion of the Crazy Eye Marketing services
- Any information known to the Affiliate that could reasonably lead to a claim, demand, or liability against Crazy Eye Marketing by any party.
- Changes to this Agreement.
Crazy Eye Marketing reserves the right to cancel or modify this agreement, except with regard to the Arbitration and Class Action waiver provisions incorporated by reference, at any time. Shopify will notify Affiliates of any material change to these terms by email and/or notice on the Crazy Eye Marketing website.
Crazy Eye Marketing may terminate this Agreement at any time, with or without cause upon notice to Affiliate. Without limiting the foregoing, Crazy Eye Marketing reserves the right to terminate Affiliate accounts that have not been accessed in up to 12 months. Crazy Eye Marketing reserves the right to terminate an Affiliate and not pay the accrued balance where the Affiliate has been deemed to breach this Agreement.
Affiliates may voluntarily close or terminate their account with Crazy Eye Marketing. By doing so you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.
However, if Crazy Eye Marketing is late paying your commissions, you cannot terminate this Agreement on the basis that the delay constitutes a breach of this Agreement.
Upon termination of this Agreement, Affiliates shall:
- Return any Crazy Eye Marketing property (including any marketing materials provided by Crazy Eye Marketing and any confidential information) to Crazy Eye Marketing, or destroy such information and certify its destruction in writing; and
- Cease and desist from displaying or using any Crazy Eye Marketing intellectual property.
Upon termination, all rights granted to Affiliate shall immediately terminate, as well as any rights to payment of Fees under this agreement, unless determined by Crazy Eye Marketing in its sole discretion.