CreativeMindClass
Applicable from January 2024
By selecting “I agree” (or a similar option) upon signing up to become a CreativeMindClass Partner or engaging in any Partner Program activities, you consent to be bound by the following Partner Program Agreement (the “Agreement”). This Agreement is between you, the partner (“You” or “Partner”), and Creative Mind Class VOF (“CreativeMindClass”). Each of Partner and CreativeMindClass may be referred to individually as a “Party” and collectively as the “Parties”. You can always review the current version of the Agreement at https://public.creativemindclass.com/partner-terms.pdf. CreativeMindClass reserves the right to modify and update the Agreement by posting changes at https://public.creativemindclass.com/partner-terms.pdf. Should there be a significant modification, we will provide reasonable notice via email. It is recommended that You periodically review the Agreement for any changes or updates that might affect You. Any references to the Agreement include all terms and documents incorporated by reference.
By agreeing to participate in the Partner Program, You acknowledge and accept all the terms and conditions contained in this Agreement, along with CreativeMindClass’s other policies, which include but are not limited to CreativeMindClass’s Use Policy and Privacy Policy, all of which are accessible in our Legal and Policy Center (collectively, “CreativeMindClass’s Policies”). For clarity, all such CreativeMindClass Policies are integral to this Agreement and are incorporated by reference.
Partners are responsible for all costs and expenses associated with their marketing or promotion of CreativeMindClass or any products or services related to their participation in the Partner Program (collectively, “Partner Marketing Activities”) in any region, location, or jurisdiction, unless CreativeMindClass decides otherwise at its sole discretion.
Under no circumstances will Partners engage in any Partner Marketing Activities except as explicitly outlined in this Agreement. In executing all Partner Marketing Activities, Partners must adhere to all applicable laws, rules, regulations, and directives, including those related to email marketing and anti-spam laws.
Without limiting the scope of Section 1.1.2, Partners will (i) not send any emails about CreativeMindClass to any individual or entity without their consent; (ii) always include the Partner’s contact information and an “unsubscribe” option in any email about CreativeMindClass; and (iii) not imply that such emails are sent on behalf of CreativeMindClass.
A Partner will not (i) engage in fax, broadcast, telemarketing, or other offline marketing methods regarding CreativeMindClass; (ii) employ malware, spyware, or any aggressive marketing or advertising methods in any dealings related to CreativeMindClass; (iii) make false, misleading, or disparaging statements about CreativeMindClass; (iv) solicit CreativeMindClass’s customers to leave CreativeMindClass; (v) copy, imitate, or replicate the appearance of CreativeMindClass’s websites, trademarks, or services, or misrepresent an affiliation with CreativeMindClass; or (vi) engage in any activities that could harm the credibility or reputation of CreativeMindClass, including but not limited to using email communications or websites in a way, or hosting content on websites, that (a) employs aggressive or low-quality marketing tactics, including services unrelated to CreativeMindClass or the Partner’s services; (b) promotes sexually explicit materials, violence, discrimination, or any illegal or objectionable activities; or (c) infringes on the intellectual property or other proprietary rights of third parties; or (d) otherwise violates CreativeMindClass’s Policies, including our Acceptable Use Policy.
All communications by Partners in marketing or advertising any CreativeMindClass product, service, or opportunity must be truthful and accurate. Untrue or fraudulent claims regarding any CreativeMindClass product, service, or opportunity are strictly prohibited. Partners may not assert that any government, person, or entity endorses or supports CreativeMindClass. Partners are also prohibited from using the intellectual property of any other person or entity in advertising any CreativeMindClass product, service, or opportunity.
In addition to, and without limiting the provisions of this Agreement, Partners will fulfill their obligations under this Agreement in accordance with the highest applicable industry standards and in compliance with all relevant laws, rules, and regulations.
Partners will not promote or advertise CreativeMindClass on coupon, deal, or discount sites, or on GPT/Get Paid to Click or other incentivized platforms, nor display any offer code on a public-facing page or via a “click to display” offer code mechanism.
Partners are prohibited from using their links directly in any pay-per-click advertising campaigns;
Partners will not buy search engine or other pay-per-click keywords (such as Google AdWords), trademarks, or domain names that use CreativeMindClass’s Trademarks or any variations or misspellings thereof that could be misleadingly or confusingly similar to CreativeMindClass’s Trademarks.
Partners are not allowed to create or participate in third-party networks or sub-affiliate networks without the express written permission of CreativeMindClass.
Partners must avoid any means of generating fraudulent traffic, including but not limited to the use of bots, toolbar traffic, cookie stuffing, or misleading links.
Direct linking to any page on CreativeMindClass’s website without prior written permission from CreativeMindClass is forbidden.
Partners must not obscure their referral sites or use deceptive redirecting links.
Disparaging the products or services of any individual or entity, including competitors of CreativeMindClass, any CreativeMindClass customer or partner, or CreativeMindClass itself, is not allowed.
You must have an active CreativeMindClass teacher account.
An active PayPal account is required to receive any referral fees, as this is the sole method of payment by CreativeMindClass. If you do not have a PayPal account, you can sign up at https://www.paypal.com.
If you are an individual partner, you must be at least 18 years old or the age of majority in your jurisdiction.
Your partnership with CreativeMindClass should be for business purposes, not personal, household, or family purposes.
To become a partner, you must create a Partner Account with all required information https://creativemindclass.tapfiliate.com. CreativeMindClass reserves the right to reject any application at its discretion. CreativeMindClass will communicate primarily via the email address you provide, and you are responsible for securing your Partner Account and password.
You are responsible for all obligations under the agreement, even if you sublicense or subcontract any obligations to third parties, including affiliates or subsidiaries.
You must promptly inform CreativeMindClass of any information that could lead to a claim, demand, or liability against CreativeMindClass by a third party.
CreativeMindClass may amend this agreement at any time, with amendments effective upon posting on the CreativeMindClass website. Significant changes will be communicated via email. Continued participation after amendments signifies acceptance.
Your participation is governed by CreativeMindClass policies found at https://public.creativemindclass.com/use-policy-for-teachers-creative-mind-class.pdf.
Upon joining the CreativeMindClass Partner Program, you will receive one or more unique Partner URLs for promoting CreativeMindClass. When someone (“a Prospect”) clicks your URL and signs up for a CreativeMindClass account, a tracking Cookie identifies the registration as a "Sale" linked to your URL, resulting in a "Sold Account." Should a Prospect have Cookies from multiple partners, the most recent Cookie determines the Sale's credit. Should a Sold Account later upgrade its CreativeMindClass account, this upgrade will be attributed to the Partner who initially referred the account, regardless of whether the upgrade was facilitated through a different Partner account.
As long as you comply with this Agreement, you are entitled to a referral fee for each Sold Account that makes a payment to CreativeMindClass, whether on a monthly or annual basis. This referral fee amounts to 40% of the subscription fees paid by the Prospect to CreativeMindClass. Referral Fee payments are made on the 25th of each month following the receipt of payment by CreativeMindClass from a Sold Account.
Referral Fees are only for completed transactions. If a transaction fails or payment is not received, no Referral Fee is due. A referral must link to your Partner account within 30 days of subscribing to CreativeMindClass's services to qualify. If a payment for a Sold Account is refunded or charged back, the corresponding Referral Fee will be deducted from future payments. CreativeMindClass reserves the right to withhold Referral Fees for any Sale deemed fraudulent or in violation of this Agreement.
No Referral Fees will be paid on any Sold Account that is an affiliated business of the applicable Partner.
Prospects referred to CreativeMindClass through a customer account that is not a participant in the Partner Program will receive an email notification to join the Partner Program. Referral Fees paid if they join within two months of such notification. Fees are forfeited if they join after this period.
You affirm that you are independently engaged in a business enterprise and have met all necessary business requirements, such as licensing and taxes.
You are responsible for all tax liabilities related to your Referral Fees.
You will not earn Referral Fees for payments made on your own accounts. Opening an account under another name or for the sole purpose of earning Referral Fees or other compensation is prohibited. Self-referrals or referrals of affiliated businesses are not allowed, nor is offering monetary incentives for Sales. Violating these terms constitutes a breach of the Agreement, requiring repayment of any Referral Fees earned through such violations.
This Agreement may be terminated by either party at any time, for any reason, effective immediately upon delivering notice to the other party.
CreativeMindClass reserves the right to terminate or suspend a Partner's account and all associated services if the Partner engages in fraudulent activities or breaches this Agreement or any CreativeMindClass policies, at CreativeMindClass's sole discretion. Such actions may include: (a) complete termination of the Partner's affiliation with CreativeMindClass; (b) suspension of certain privileges within the Partner Program; and/or (c) complete termination of the Partner's account without prior notice or opportunity for recourse, resulting in the forfeiture of any owed or future Referral Fees.
Should your CreativeMindClass customer account be canceled or suspended for any reason, your participation in the Partner Program will automatically end, and you will not be eligible for further Referral Fees. If you reactivate your customer account, you may reapply to the Partner Program and become eligible to earn Referral Fees on new Sold Accounts. However, you will forfeit all Referral Fees from Sold Accounts prior to the termination.
Upon termination of this Agreement, the Partner must immediately stop using and displaying any CreativeMindClass materials or trademarks on any platform. Additionally, all rights granted to the Partner under this Agreement will cease immediately, including access to the Partner Account and Dashboard, as well as any entitlement to Referral Fees, unless CreativeMindClass decides otherwise at its discretion.
The following sections will remain in effect even after the Agreement is terminated: Section 4.5 (Proprietary Rights of CreativeMindClass), Section 5 (Confidentiality), Section 6 (Disclaimer of Warranty), Section 7 (Limitation of Liability and Indemnification), and Section 8 (General Provisions). Moreover, any provisions meant to survive termination will continue to be enforceable post-termination.
CreativeMindClass will exclusively create and provide all CreativeMindClass Materials unless agreed otherwise in writing. These materials, which include marketing and promotional content, will be made available to Partners. By utilizing these materials, Partners agree to adhere to the guidelines outlined in this Agreement, understanding that any breach may lead to termination of their license to use the CreativeMindClass Materials. Provided “as is,” these materials come with no warranty.
Partners are permitted to use CreativeMindClass Materials on their websites for the purpose of promoting CreativeMindClass and its offerings during the Agreement term or until instructed otherwise. Any modification or translation of these materials without prior written consent from CreativeMindClass is prohibited. Ownership of CreativeMindClass Materials remains with CreativeMindClass at all times, with no transfer of rights to Partners, even if modifications are authorized.
CreativeMindClass grants Partners a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to display CreativeMindClass Trademarks solely for marketing purposes. Partners must adhere to all guidelines and use the trademarks in a lawful manner. These trademarks remain the property of CreativeMindClass, and no ownership rights are transferred through this Agreement. Partners are prohibited from contesting these trademarks or using similar marks.
Partners must adhere to specific guidelines when using CreativeMindClass Trademarks, ensuring their use does not mislead regarding sponsorship, affiliation, or endorsement. All goodwill generated benefits CreativeMindClass exclusively. Partners must not use the trademarks in a manner that damages the brand or associates it with illegal activities. The use of the CreativeMindClass® mark in advertising must not confuse the audience about the Partner's relationship with CreativeMindClass. A disclaimer clarifying the independent Partner status and lack of endorsement by CreativeMindClass must be prominently displayed.
Partners are restricted from using CreativeMindClass Trademarks or similar variations in their business names, logos, branding, or domain names without express written permission. This includes the prohibition of registering search engine keywords, email addresses, or domain names that could be confusingly similar to CreativeMindClass Trademarks.
In the relationship between the Partner and CreativeMindClass, all materials, trademarks, and information pertaining to CreativeMindClass's products and services, including but not limited to software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites, and any other intellectual or proprietary assets used by or on behalf of CreativeMindClass or in connection with its services and the Partner Program, along with all copyrights, trademarks, patents, trade secrets, and any other proprietary rights connected to them (collectively, “CreativeMindClass Property”), shall remain the exclusive property of CreativeMindClass. Should any ownership of the CreativeMindClass Property not automatically be assigned to CreativeMindClass by virtue of this Agreement or otherwise, and instead vests in the Partner, the Partner is to immediately transfer and assign to CreativeMindClass, upon their creation, all rights, title, and interest they may hold in such CreativeMindClass Property. This includes waiving any moral rights where applicable and encompasses the right to pursue legal action for any past, present, and future infringements.
"Confidential Information" encompasses all information related to a Party's business that is not publicly known. This includes, but is not limited to, specific business details, technical processes, software, customer lists, prospective customer information, product designs, sales figures, costs (including processing fees), pricing strategies, financial data, business plans, and marketing strategies. This also covers any other information deemed confidential and proprietary, whether or not explicitly labeled as such. Within the context of this Agreement, information pertaining to CreativeMindClass customers or partners is considered CreativeMindClass's Confidential Information.
Each Party commits to using the Confidential Information of the other Party solely for fulfilling its obligations under this Agreement and in line with any other commitments made herein, including this confidentiality clause. Both Parties will undertake all reasonable measures, comparable to those they apply to their own confidential data, to prevent the unauthorized copy, disclosure, or use of any Confidential Information. This is limited to sharing with employees, agents, and subcontractors who require access to fulfill obligations under this Agreement, all of whom must adhere to the confidentiality terms of this Agreement and are bound by confidentiality obligations at least as stringent as those outlined herein. Additionally, disclosure may occur if required by law, regulation, or court order, provided the receiving Party, where legally permissible, notifies the disclosing Party promptly and endeavors to ensure the disclosure receives confidential treatment. Information is not considered confidential if it is proven to be publicly available, already known or independently developed by the receiving Party without reference to the disclosing Party's Confidential Information, or obtained from a third party not in violation of this Agreement.
The CreativeMindClass Partner Program, the CreativeMindClass products and services, trademarks, and provided materials are offered on an "as-is" basis. CreativeMindClass explicitly disclaims all warranties, whether expressed or implied, including but not limited to, warranties of merchantability, non-infringement, or suitability for a particular purpose. CreativeMindClass also clarifies that it does not guarantee that its products, services, trademarks, or materials will meet all of the Partner's requirements, or that they will be uninterrupted, error-free, or devoid of harmful components.
CreativeMindClass shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if CreativeMindClass has been advised of the possibility of such damages), arising from or related to the CreativeMindClass Partner Program, the CreativeMindClass products and services, trademarks, materials, or any obligations under this Agreement or otherwise. This includes any issues stemming from the Partner's participation or inability to participate in the CreativeMindClass Partner Program. The maximum liability of CreativeMindClass to any Partner under this Agreement, for any reason, shall be limited to the total Referral Fees paid to the Partner by CreativeMindClass during the six (6) month period preceding the event that gave rise to the claim for damages. This limitation of liability applies to all causes of action collectively, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts, to the extent permitted by applicable law.
The Partner agrees to indemnify, defend, and hold harmless CreativeMindClass and its directors, managers, officers, owners, employees, subcontractors, and agents (referred to individually as an “Indemnified Party” and collectively as the “Indemnified Parties”) from any claims, demands, causes of action, debts, liabilities, including reasonable attorneys’ fees, that arise from or are related to: (a) the Partner’s breach of any representation, warranty, obligation, or covenant under this Agreement; (b) the Partner’s negligence or willful misconduct; (c) any warranty, condition, representation, indemnity, or guarantee by the Partner to any third party regarding CreativeMindClass; (d) the Partner’s violation of any terms of this Agreement or CreativeMindClass policies; (e) any claim that the Partner’s products or services infringe upon the intellectual property or other rights of a third party; (f) the Partner’s tax obligations and any related audits or penalties; (g) the performance, non-performance, or improper performance of the Partner’s products or services; and (h) the Partner’s failure to comply with applicable laws, rules, or regulations, including FTC guidelines.
Should an Indemnified Party require indemnification under this Agreement, they will promptly notify the Partner in writing of any claim believed to fall within the scope of indemnification provided herein. The Indemnified Party may participate in the defence at its own expense, but the Partner will have control over the defence and all negotiations related to the settlement of any claim. In resolving any claim, the Partner shall not admit any liability on behalf of the Indemnified Party or agree to any terms that could result in an admission of liability or impose any liability on the Indemnified Party without their prior written consent.
CreativeMindClass shall not be held responsible for any delay or failure in performing any of its obligations under this Agreement when such delay or failure arises from circumstances beyond its reasonable control. This includes, but is not limited to, natural disasters, pandemics, labor disputes, electrical or power outages, telecommunications failures, earthquakes, storms, government actions, terrorism, or war.
The relationship between CreativeMindClass and the Partner is that of independent contractors. Neither party is to be considered the agent, employee, representative, or affiliate of the other for any purpose. Neither CreativeMindClass nor the Partner has the authority to make any agreements or commitments or to incur any liabilities on behalf of the other. This Agreement does not create any form of partnership, joint venture, or similar relationship between the parties.
This Agreement does not establish an exclusive relationship between CreativeMindClass and the Partner. Both parties are free to engage in similar relationships with other entities, provided that doing so does not violate any confidentiality obligations or other duties outlined in this Agreement.
Notices and communications under this Agreement must be in writing. They will be considered effectively delivered upon personal delivery, one business day after being sent via email, two business days after being sent by an internationally recognized courier service, or five business days after being mailed by certified or registered mail, return receipt requested. Notices to CreativeMindClass should be sent to its provided legal address or email, with notices to the Partner sent to the address or email listed in their account.
Failure by either party to enforce any provision of this Agreement or to exercise any right should not be construed as a waiver of that provision or right. Waivers must be in writing and signed by the party granting the waiver.
This Agreement, along with any related policies, forms, and documents referenced or linked herein, constitutes the entire agreement between CreativeMindClass and the Partner regarding the subject matter. It supersedes all prior agreements, whether written or oral. Any additional or differing terms proposed by either party are objected to unless expressly agreed to in writing.
This Agreement binds and benefits both parties as well as their successors and permitted assigns. While CreativeMindClass may assign this Agreement without prior notice or consent, the Partner may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of CreativeMindClass.
Dutch law is applicable.
Any disputes will be submitted to the district court in The Hague.
CreativeMindClass retains the right to develop, acquire, or market competitive materials, products, or services, as long as it does not utilize any confidential information of the Partner in doing so.
CreativeMindClass may modify this Agreement, including any related policies, at any time by posting a revised version or by notifying the Partner as described in Section 8.4. Continuation in the Partner Program after such modifications signifies the Partner's agreement to the revised terms. It is the Partner's responsibility to regularly check for updates to this Agreement.
All official communications and notices related to this Agreement must be conducted in English. Should CreativeMindClass provide translations of the original English text, the English version remains authoritative in case of discrepancies or conflicts between the translations.
Should the Partner breach or threaten to breach any terms of this Agreement, CreativeMindClass reserves a range of remedies in addition to those available under this Agreement and applicable law. These include the right to: (a) seek immediate injunctive relief without proving damages or securing a bond; (b) terminate this Agreement and the Partner’s participation in the Program instantly; (c) demand immediate repayment of all sums paid to the Partner under this Agreement; and (d) seek indemnification for any losses, damages, or liabilities CreativeMindClass suffers due to the Partner’s breach, as outlined in Section 7.
If any part of this Agreement is deemed invalid, illegal, or unenforceable, this finding will not affect the validity, legality, or enforceability of the remaining provisions. The Agreement will be interpreted as if the problematic provision were not included.
CreativeMindClass retains the right, though not the obligation, to monitor or investigate the Partner’s website and use of CreativeMindClass’s products or services at any time to ensure compliance with this Agreement and any applicable policies. Decisions by CreativeMindClass regarding compliance are conclusive and binding. CreativeMindClass’s actions in enforcing this Agreement, including choosing not to act, are at its sole discretion.