These Terms of Service are entered into by and between you (the “Affiliate”) and K Design Co. (“K Design Co.”) and govern the terms of K Design Co.’s affiliate program (the “Affiliate Program”). By signing up for the Affiliate Program, you are agreeing to be bound by these terms of service.
This Agreement shall begin as of the date of acceptance by the Affiliate and remain in effect until ended in writing by either party.
AFFILIATE COMMISSIONS
Commissions
K Design Co. shall provide Affiliate with a commission on referred shop customers for each customer who signs up for our Affiliate program. Affiliates will receive an initial commission payment on successful customer referrals and recurring commission payment(s) if the customer purchases on a subscription / installment plan. The percentage of commission may change at any time without notice. Commission amounts are based on final purchase price of the template, which may also change.
Affiliates cannot use their own link to self-refer. If a referral is determined to be self-referred, a commission will not be paid.
Payment
Affiliate Commission shall be paid to Affiliate 30 days after the purchase is made. All Affiliate Commissions shall be made via PayPal as a payment for a good/service. Affiliates are responsible for having an active PayPal account and providing a valid PayPal email address for payment. Any fees resulting from processing Affiliate Commissions are the sole responsibility of the Affiliate.
Refunds
Affiliate is not entitled to Affiliate Commission for any referral who receives a refund nor for any referral that defaults on a payment.
MARKETING ACTIVITIES
Affiliate must disclose in their marketing communications (including but not limited to, email marketing, social media marketing, blog posts, etc.) that they are participating in the K Design Co. Affiliate Program and may receive Affiliate Commission for their participation. Furthermore, they shall make clear that they are sending marketing communication as an individual, not as K Design Co.
- Affiliate warrants that their marketing practices follow all legal requirements and restrictions in their jurisdiction of residence.
- Affiliate is responsible for their own expenses related to marketing K Design Co. and/or the Affiliate Program. K Design Co. will not reimburse Affiliate for any marketing expenses.
- Affiliate cannot create websites, landing pages, sales pages, or advertisements that copy or closely resemble the look of K Design Co.’s website and services.
- Affiliate cannot use purchased traffic or advertising campaigns to promote your affiliate link/code without prior written consent from K Design Co.
- Affiliate is responsible for the accuracy of your affiliate code and tracking links. We are not responsible for untracked or improperly set cookies.
- Affiliate shall not engage in domain forwarding, page redirects, or cookie stuffing to direct customers to our website.
- Affiliate may not register Trademarks or URLs that contain “K Design Co.” or any other variation of our brand or domain.
- Affiliate shall not engage in any harmful, misleading, or unlawful marketing activities that may harm the reputation of K Design Co.
Violations of these Marketing terms may result in Affiliate Commissions being withheld or cancelled and removal from the Affiliate Program.
INTELLECTUAL PROPERTY
Each party retains ownership of their respective intellectual property rights. You may not use any trademarks of K Design Co. without prior written permission.
ELIGIBILITY
K Design Co. reserves the right to accept, reject or revoke any application for the Affiliate Program for any reason.
TERMINATION
K Design Co. reserves the right to terminate, at its sole discretion, your participation in the Affiliate Program at any time, with or without cause, and without prior notice. If your participation in the Affiliate Program is terminated with cause, you agree to forfeit any and all rights to unpaid commissions.
You may terminate your participation at any time by removing your affiliate links and ceasing promotion. If you wish to have your information removed from our records, you may request this in writing to support@kdesign.co. K Design Co. will retain your information as needed for accounting and tax purposes.
RELATIONSHIP
Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and K Design Co.
ASSUMPTION OF RISK
Affiliate accepts all risk associated with participating in the Affiliate Program. You are solely responsible for ensuring compliance with applicable laws, tax regulations, and not violating the rights of third parties. You assume liability for any claims, suits, or grievances filed against you related to your participation.
INDEMNIFICATION
Affiliate agrees to indemnify and hold harmless K Design Co. and its officers, directors, employees, agents, and independent contractors from any claims, expenses, damages, or costs arising from your violation of this agreement or your use of the Affiliate Program.
DISPUTE RESOLUTION
Any disputes will be resolved through binding arbitration in Indiana, United States of America, if not resolved through negotiation. The decision of the arbitrators is binding and may be entered and enforced in any court of proper jurisdiction.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, United States, regardless of the conflict of laws principles thereof.
CONTACT US
If you have questions about these Terms of Service or the Affiliate Program, you can contact us at:
K Design Co.
support@kdesign.co
These terms were last updated on July, 7, 2023.