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Terms of Use and Privacy Statement

We're so thrilled that you're excited about sharing your love of Pigment! Please read the following information and agreement carefully, to ensure you accept all the terms and conditions of this affiliate agreement before proceeding.

OVERVIEW:

You must apply to become an member of our Affiliate Program. You must have a website/blog or social account where you can share your love of Pigment products, to a papercrafting audience. If approved, you will receive a 7% commission for each qualifying retail sale until you reach $200 in payouts per month. Then you will receive 10% commission for each qualifying retail sale you generate thereafter during that month, based on referrals from your blog, website or social media. All of the stated amounts (qualifying sales, commission tiers, payouts, etc.) are in CAD $. Qualifying sales are any sales below $300, that do not violate our terms and conditions. We do not allow the sale of our products through Instagram shops, bots, automated sites, or other third party websites. For full restrictions and conditions, please read the agreement below. To summarize, each and every sale must be promoted on your personally-managed website/social media site, provided you are not a wholesaler or retailer. A sale must be completed within 7 days of the time the original click, to qualify for compensation. All commissions are based on the final sale amount, before shipping and tax, and after discounts are applied.

To say thank you to our beloved affiliates, we offer self-referrals at this time. We reserve the right to change this policy at any time. Please note, this feature is ONLY available to affiliates who are actively generating referrals. You may NOT sign up to become an affiliate, for the sole purpose of self-referrals, nor may you use use-self referrals if you have not generated any affiliate sales, and do not continue to generate consistent sales. If this feature is not used accordingly, we hold full discretion to withdraw this perk and we are not responsible for paying for non-qualifying sales. In order to keep this feature as part of our program, please ensure you are following all of the affiliate guidelines accordingly. If you do not follow this term accordingly, we reserve the full right to terminate your account.

For full terms of the affiliate agreement, please read through the following terms and conditions. By joining as an affiliate you are agreeing to the terms and conditions listed below.

If anything is unclear, or you have questions about this program, please reach out to us before applying. You can reach us at hello@pigmentcraftco.com We would be happy to help!

AFFILIATE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PIGMENT PAPER ART AND CRAFT PROVISIONS INC. BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EVERY TERM AND CONDITION.

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Pigment Paper Art and Craft Provisions Inc. Affiliate Program. The purpose of this Agreement is to allow HTML linking between your personal website and/or social media accounts and the pigmentcraftco.com website. Please note that throughout this Agreement, "we," "us," and "our" refer to pigmentcraftco.com and "you," "your," and "yours" refer to the affiliate.

Affiliate Obligations

1.1. To begin the enrollment process, you will complete and submit the online application. Your application will be considered and manually approved, please allow 48-72 hours for review. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

1.1.1 Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

1.1.2. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.

1.1.3. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.

1.1.4. Is designed explicitly or implicitly in a manner that resembles our website or leads customers to believe you are Pigment Craft Co. or any other affiliated business.

1.1.5. Is not a personal website. You may not register for our affiliate program, if you are a wholesaler, retailer, or any other business, even if you do carry Pigment products.

1.2. As a member of the Pigment Paper Art and Craft Provisions Inc. Affiliate Program, you will have access to an Affiliate Dashboard. Here you will be able to review our Program’s details, download HTML code (that provides for links to web pages within pigmentcraftco.com web site) and promotional banner artwork. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with. Any links generated by third-party sources or applications, will not result in qualifying sales. 

1.3. Pigmentcraftco.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

1.4. The maintenance and the updating of your site will be your responsibility.

1.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site and social media. You must have express permission to use any person's copyrighted material, whether it be writing, an image, or any other copyrightable work. You agree to indemnify Pigment Paper Art and Craft Provisions Inc., and its employees and artists, in the case of any disputes that may arise from your work, website, or social media presence. 

Pigmentcraftco.com Rights and Obligations

2.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you to make any necessary changes to ensure your use of this agreement is in accordance. If you do not make the required changes, we reserve the right to terminate your participation in the Pigment Paper Art and Craft Provisions Inc. Affiliate Program.

2.2. Pigmentcraftco.com reserves the right to terminate this Agreement and your participation in the pigmentcraftco.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the pigmentcraftco.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, pigmentcraftco.com shall not be liable to you for any commissions for such fraudulent sales.

Termination

3.1. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

Modification

4.1. We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and pigmentcraftco.com Affiliate Program rules. If any modification is unacceptable to you, you may choose to end this Agreement. Your continued participation in the pigmentcraftco.com Affiliate Program following an amended Agreement will indicate your agreement to the changes.

Payment

5.1. Pigment Paper Art and Craft Provisions Inc. will pay up to 10% commission on net sales of purchases generated from your qualifying affiliate links. The sale MUST be completed within 7 days of the time the original click was generated to qualify for compensation. All commissions are based on final sale amount, before shipping and tax, and after discounts are applied.

5.2. Pigmentcraftco.com will pay all affiliates via Paypal on a monthly basis, once a minimum payout of $100 in commissions is reached. All Paypal fees will be the affiliate’s responsibility.

Access to Affiliate Account Interface

6.1. You will create a password so that you may enter the secure affiliate account interface. From the Affiliate Dashboard, you will be able to receive your reports that will describe our calculation of the commissions due to you.

Promotion Restrictions

7.1. You are free to promote your own web sites, but naturally any promotion that mentions pigmentcraftco.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by pigmentcraftco.com. For example, advertising commonly referred to as "spamming" is unacceptable and could cause damage to our brand.  At all times, you must clearly represent yourself and your web sites as independent from pigmentcraftco.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the pigmentcraftco.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

7.2. We reserve the right to put restrictions on affiliate payouts on certain promotions or products with lower profit margins. Notification will be available upon such event.

7.3. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as pigmentcraftco.com, Pigment Craft Co., Pigment Stamps, www.pigmentcraftco www.pigmentcraftco.com and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from the Pigment Paper Art and Craft Provisions Inc. Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

Grant of Licenses

8.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Pigment Paper Art and Craft Provisions Inc. Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of pigmentcraftco.com and the good will associated therewith.

8.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all rights, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

Disclaimer

9.1 Pigmentcraftco.com makes no express or implied representations or warranties regarding pigmentcraftco.com service and website or the products or services provided therein.  In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors. 

Representations and Warranties

You represent and warrant that:

10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

Limitations of Liability

11.1 WE WILL NOT BE LIABLE TO YOU, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL PIGMENTCRAFTCO.COM ‘s CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

Indemnification

12.1 You hereby agree to indemnify and hold harmless pigmentcraftco.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

Confidentiality

13.1 All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

Miscellaneous

14.1. 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 pigmentcraftco.com. 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 Site or any other representative of Your Site or otherwise, that reasonably would contradict anything in this Section.

14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

14.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Saskatchewan without regard to the conflicts of laws and principles thereof.

14.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

14.5. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.

14.6. The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

14.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

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