Become an Affiliate for Create You
Thank you for your interest in becoming an affiliate! The Create You Affiliate Program is created to give back to our biggest supporters.
The Affiliate Program is for services listed on this page, www.createyou.us/investment
$200 paid to the Affiliate
$200 off clients brand package or a la carte services
If distributing to clients, it only applies to new clients
Affiliate payment will be made once client pays in full
You cannot use your own affiliate link for services
Payments will be made on the 15th of every month for signups from the previous month
Afilliate payouts will be made via Paypal
Thank you for your support and spreading the word!
CREATE YOU AFFILIATE AGREEMENT
This Affiliate Agreement (“Agreement”) is made by and between You (the “Affiliate”), and CREATE YOU LLC, hereafter referred to as “the Company,” and You, hereafter referred to as the “Affiliate.”
THEREFORE, the Company and the Affiliate agree as follows:
1. TERMS OF PROGRAM.
a. The name of this affiliate program is Create You Affiliate Program (the “Affiliate Program”). This Affiliate Program is for brand packages and a la carte services only and not any other services or programs available through the Company.
b. For purposes of this Agreement, the term “Affiliate” refers to the individual or legal entity who applies for and is accepted into the Affiliate Program. The term “Company” refers to the sponsor of the Affiliate Program. The term “the Company’s website” refers to the website that the Company maintains at www.createyou.us.
c. The Company reserves the right to approve or reject any Affiliate Program request in its sole and absolute discretion. The Affiliate will have no legal recourse against the Company for the rejection.
d. Even after the Company has accepted the Affiliate as an Affiliate Program member, the Company reserves the absolute right to rescind or terminate the Affiliate affiliate status for any reason in its sole and absolute discretion. Should Affiliate be terminated, they will be informed in writing and provided with a final payout of any commissions due within seven (7) business days.
e. The Company makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Affiliate affiliate status.
2. MARKETING TERMS
a. The Affiliate will be fully responsible for all costs and expenses marketing the Affiliate Program, including but not limited to all costs associated with the creation of marketing materials, costs of inserting the Company’s links into Affiliate’s website, offline marketing costs, postage costs, and all other costs and expenses, and the Affiliate hereby holds the Company harmless from or against the same.
b. As a Program Affiliate, the Affiliate will have the obligations to place links on its site directing users to the Company’s site.
c. As a Program Affiliate, the Affiliate is given a limited term license, during the term of the Affiliate active participation as a Program Affiliate, to utilize the Company’s logo images provided to the Affiliate on the website that the Affiliate designates.
d. The Affiliate will only be permitted to use the link that the Company provided to the Affiliate. Any additional websites or entities will require additional submissions of Affiliate Program.
e. The Affiliate consent to the Company monitoring the Affiliate’s web site to determine continued compliance with this Agreement.
a. Commissions will be paid to the Affiliate based upon a percentage of sales made to users who access the Company’s site through the Affiliate’s site.b. Commissions will be calculated based upon the gross sales price. Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods.
b. Commissions will be calculated based upon the gross sales price. Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods.
c. BRAND PACKAGES: Affiliate Commissions. Company shall provide Affiliate with 15% commission after payment is made in full by referral (minus the PayPal fee as described below) for each individual who signs up through Affiliate’s link (“Affiliate Commission”). Affiliate will receive a one-time payment, not an ongoing payment.
d. A La Carte Menu: Affiliate Commissions. Company shall provide Affiliate with 15% commission after payment is made in full by referral (minus the PayPal fee as described below) for each individual who signs up through Affiliate’s link (“Affiliate Commission”). Affiliate will receive a one-time payment, not an ongoing payment.
e. Refunds. Affiliates are not entitled to any commission for any referral who receives a refund nor for any referral that defaults on a payment.f. All payments will be made via PayPal to the address provided to the Company.
4. TERM AND TERMINATION. The effectiveness hereof and binding effect shall occur upon the signing of this Agreement. This Agreement shall remain in full force and effect until terminated by the Affiliate or by the Company. Either the Company or the Affiliate may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with this Agreement. Notices sent hereunder shall be via Email to the Affiliate at the Email address indicated in the Affiliate Affiliate Program Application. Any and all notices to the Affiliate via Email at such address shall be deemed to be effective notice to the Affiliate for all purposes. Affiliate is not entitled to any Affiliate Commissions after the Termination Date even if a referred client ultimately signs up for the Program through Affiliate’s unique link.
5. INTELLECTUAL PROPERTY. The Affiliate will have a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material that the Company provided to the Affiliate for use solely for marketing purposes.
6. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions or otherwise.
7. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Affiliate nor any of Affiliate’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
8. REPRESENTATIONS AND WARRANTIES. The Affiliate hereby represents and warrants to the Company to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. The Affiliate’s entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.
9. RELATIONSHIP OF THE PARTIES. The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, a joint venture, shareholders, employer/employee, agent/servant. The Affiliate has no power or authority to bind the Company to any obligation, agreement, debt or liability. The Affiliate shall not hold itself out as an agent or representative of the Company.
10. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, or b) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its contractors.
11. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in St. Louis, Missouri or via telephone conference. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, regardless of the conflict of laws or principles thereof.
13. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Company and the Affiliate. The parties have caused this Agreement to be signed by their duly authorized representatives as of the date the affiliate application is approved.