Thumblytics Affiliate Program Terms and Conditions
Effective starting: March 10th, 2024
Thumblytics, hereinafter referred to as "We" or "the Company," is excited to launch the Thumblytics Affiliate Program. This program offers you, herein referred to as "Affiliate" or "You," the opportunity to promote our innovative product, Thumblytics, and earn money simultaneously, as further detailed in this document ("Affiliate Program"). By becoming an Affiliate, you agree to these Terms and Conditions of the Thumblytics Affiliate Program (" Agreement").
Participating in the Thumblytics Affiliate Program is easy! First, you have to apply to our Affiliate Program by creating an account with us and filling out an application. You must have a valid PayPal or bank account to receive payment. By applying to the Affiliate Program, you represent and warrant that you are at least 18 years of age and you are not a resident of a country currently under sanction by the Office of Foreign Assets Control, which is subject to change at any time.
After you complete the online application, Thumblytics will review your application and, in its sole discretion, may accept you as a Thumblytics Affiliate, which is based on brand and demographic fit and shall be monitored on an ongoing basis. If Thumblytics chooses you as an Affiliate, then Thumblytics will provide an email approval through the Tolt platform. Once approved, you will access your account and be given a unique URL (" Unique URL") to display on your website and social media channels as described in this Agreement.
Thumblytics may re-evaluate your Affiliate status and reserves the right to terminate such Affiliate status at any time, which shall take effect immediately upon notice to you.
The "Eligible Products" you may earn a Commission on are the Thumblytics subscription plans as shown on the https://thumblytics.com/pricing page. Eligible Products never include any custom priced packages that are not self-service.
Thumblytics uses a third-party service provider, Tolt, to track a customer from the first click of your Unique URL to the purchase of an Eligible Product on the Thumblytics website. You only earn a Commission of 20% for a Valid Purchase of an Eligible Product by a New Thumblytics Customer for one year. "New Thumblytics Customer" means that the customer has never subscribed to use any Thumblytics products (whether or not Eligible Products) in the past.
A "Valid Purchase" means that a New Thumblytics Customer clicked on your Unique URL and purchased an Thumblytics Eligible Product from thumblytics.com (the "Thumblytics website"). Thumblytics determines whether a purchase is a Valid Purchase in its sole discretion, and has the sole right to make decisions if discrepancies in tracking exist.
You agree that Thumblytics has the right to all tracking data that Affiliate gathers through its participation in this Affiliate Program, which is tracked by Tolt.
When a Referral makes a Valid Purchase, you will earn the Commission as outlined in this Agreement. "Referral" shall mean a New Thumblytics Customer that has made a Valid Purchase.
Affiliates of Thumblytics earn a standard commission rate of 20% of the Eligible Products' subscription sale price, for a term of no longer than 12 consecutive months from the initial sale of the subscription(" Commission"). No Commissions are paid on renewal terms. This means that if you sell an Eligible Product annual subscription, you will receive a one-time commission off the annual subscription price and no further commissions from that Referral. If you sell an Eligible Product monthly subscription, then you may receive a Commission for consecutive monthly renewals by such Referral for up to 12 months. If your Referral terminates that subscription at any point before the 12-month period, then you will not receive any further commissions.
Thumblytics reserves the right to change the Commission percentages immediately upon written notice to you. In such case, the new Commission price shall take effect immediately for any Referrals after the date of notice of Commission price change. Affiliates who have a high performance rate may be eligible to earn a higher Commission rate, as determined by Thumblytics in its sole discretion on a case by case basis.
Commissions are generally paid on the 15th of the month for Valid Purchases made the prior month, but there are exceptions to this timing and payment may take up to 45 days from the end of the month in which the Referral made a Valid Purchase. You will need to create a PayPal account or provide your bank account information in order to get paid your Commissions, and you agree to provide Thumblytics with your PayPal account name and email, bank account information, or any other reasonably requested information in order to facilitate payment to you.
Thumblytics reserves the right to reject affiliate applications for any reason. We may also choose whether to provide an explanation for affiliate application rejection. The following are reasons why an application may be rejected (this is not an exhaustive list):
We have immense pride in our product, Thumblytics, and are committed to maintaining its integrity in all promotional activities. Therefore, we strive to clearly communicate these principles to you, our affiliates. The following methods are prohibited to protect you, our customers, and our team from illegal and fraudulent activities:
Thumblytics may provide you with promotional materials, including but not limited to graphic banners, Thumblytics marks, logos, and other content for use on your website or social media pages (" Licensed Materials"). Thumblytics grants you a limited license to use these Licensed Materials in accordance with this Agreement and any other brand guidelines that we may provide. Our brand guidelines include using the most up-to-date versions of logos and not altering any Licensed Material provided to you. All uses of the Licensed Materials benefit Thumblytics. You agree to cease using any Licensed Materials not in accordance with our brand guidelines upon our request or upon termination of your Affiliate status. This license can be revoked by Thumblytics at any time, effective immediately upon notice. Thumblytics retains all rights, title, and interest in the Licensed Materials.
The Thumblytics Eligible Products, Licensed Materials, including the Thumblytics marks, domain names, and promotional materials constitute intellectual property owned by Thumblytics, encompassing trademarks, copyrights, patents, and trade secrets. As an Affiliate, you acknowledge Thumblytics' ownership of all customer-related information, including those arising from Referrals. You must respect the intellectual property of Thumblytics at all times and comply fully with this Agreement.
As an Affiliate, you represent and warrant that you comply with, and will continue to comply with, all applicable US and international laws, rules, and regulations. This includes, but is not limited to, laws governing marketing emails, such as the CAN-SPAM Act, Telemarketing Sales Rule, Telephone Consumer Protection Act, e-Privacy Directive (as may be superseded by the e-Privacy Regulation), any FTC rules, regulations, or guidelines related to marketing, endorsements, and disclosures of material connections, along with all other anti-spam laws, privacy laws and regulations, including the California Consumer Privacy Act and the General Data Protection Regulation, and rules, regulations, and laws governing false or deceptive advertising and intellectual property infringement. More information on FTC disclosure guidelines can be found on the FTC website, including at https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing. Further information on the disclosure of material connections rules can be found on the same site. When acting as an Affiliate via third-party social media platforms (such as Facebook, Instagram, etc.), you agree to comply with all applicable policies and terms of use, community standards, and stated values of such third-party platforms.
Thumblytics reserves the right to change, modify, and/or eliminate the Affiliate Program and/or all or any portion of this Agreement or any policy pertaining to the Affiliate Program at any time and for any reason at its sole discretion. This includes our right to discontinue or change the benefits or Commission received under the Affiliate Program or merge the Affiliate Program with another program. We will post the updated terms on our website or email you notice of such changes, and your continued participation in the Affiliate Program constitutes your acceptance of the updated terms.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this section. You may be required to complete a Form W-9, or other paperwork, as a condition of receiving your Commission and will cooperate with all requests by Thumblytics to complete documentation in connection with your participation in the Affiliate Program and to comply with applicable tax obligations.
By consenting to this Agreement, you hereby agree to resolve any and all disputes with Thumblytics through binding arbitration, expressly waiving your right to a jury trial or class-action proceedings. Prior to initiating arbitration, you are required to submit written notice of the dispute to Thumblytics and engage in good-faith attempts to resolve said dispute informally within a 60-day window. After this period, arbitration proceedings may commence.
If any provision of this Agreement is deemed invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary to maintain its enforceability, and the remainder of this Agreement will continue in full force and effect. Any amendment or waiver to any provision of this Agreement requires a written consent from both parties. Our failure to enforce your strict adherence to any obligation outlined hereunder does not constitute a waiver of our right to enforce such provision or any other provision of this Agreement.
This Agreement embodies the complete understanding between you and Thumblytics with respect to this Affiliate Program. It does not modify or supersede any other agreements you may have with Thumblytics.
Thumblytics reserves the right to amend the terms of this Agreement at any given time, including the Commission rate. Any modifications shall come into effect immediately following the date of the notice.