Partner Terms
Article 1 (Purpose)
These Partner Terms (these "Terms") set out the participation conditions, activity conditions, reward conditions, and other necessary matters for "Clippyy Creator Partners" (the "Program"), operated by CLUTCHY PTE. LTD. ("we," "us," or the "Company").
Anyone who applies to or participates in the Program (a "Partner") is deemed to have agreed to these Terms.
Article 2 (Content of the Program)
1. The Program allows a Partner to introduce the Company's "Clippyy" service (the "Service") through their own streams, videos, social media, website, or other channels, and to receive a reward based on the resulting performance.
2. The Company may provide Partners with referral links, referral codes, banners, logos, copy, and other promotional materials ("Provided Materials").
3. The Program operates on an application and approval basis, and the Company may review applicants and decide at its discretion whether to approve their participation.
Article 3 (Eligibility)
1. To apply to the Program, an applicant must satisfy all of the following:
(1) Be at least 18 years old, or have obtained the necessary consent of a legal guardian or other representative.
(2) Be able to provide truthful, accurate, and current information to the Company.
(3) Operate their own streaming channel, social media account, video account, website, or other media channel.
(4) Be able to comply with these Terms and any guidelines separately established by the Company.
(5) Not be, and not be involved with, an antisocial force.
2. The Company may decline to approve an application at its discretion even if the applicant satisfies the conditions in the preceding paragraph.
Article 4 (Application and Approval)
1. An applicant shall apply to the Program using the form or other method specified by the Company.
2. The Company will decide whether to approve an application based on the application content, the applicant's content and activity history, brand fit, compliance with applicable law, and other relevant factors.
3. The Company is not obligated to disclose its reasons for declining an application.
4. Even after approval, the Company may revoke the approval if the application is found to contain false information.
Article 5 (Referral Activity)
1. Partners must promote the Service in a manner that does not harm the Company's brand value.
2. Partners shall properly use the referral links, referral codes, or Provided Materials designated by the Company.
3. When making any statement about the Service, Partners must clearly and understandably disclose their relationship with the Company, the possibility of receiving a reward, whether they received the Service free of charge, and any other material connection, in accordance with applicable law and the Company's guidelines.
4. Partners must not present something as their own experience if they have not actually experienced it. The FTC requires disclosure of material relationships with advertisers and requires that communications not be misleading.
Article 6 (Results and Rewards)
1. Rewards accrue only for valid, eligible results, in accordance with the individual terms sheet or program conditions separately established by the Company.
2. A "valid result" means an initial paid subscription or other result that satisfies the conditions separately established by the Company and that the Company has approved.
3. A result is invalid and no reward will accrue in any of the following cases:
(1) The referred user only started a free trial.
(2) The transaction involves a refund, cancellation, chargeback, fraudulent payment, or similar event.
(3) The purchase was made by the Partner themselves.
(4) The purchase was made by a family member, housemate, another account under the Partner's own name, or otherwise judged to be substantially a self-purchase.
(5) The result involved fraudulent inducement, false statements, spam, or a violation of these Terms.
(6) The Company otherwise determines the result to be inappropriate.
4. The timing of result approval and payment, the minimum payout amount, the currency, the allocation of fees, and other payment conditions are separately determined by the Company.
5. The Company has final discretion over the review and approval of results.
Article 7 (Payment of Rewards)
1. The Company will pay rewards for approved results using the method it specifies.
2. Payment may be made via PayPal Payouts or another method designated by the Company. PayPal Payouts supports payments to multiple recipients.
3. Partners must submit, by the applicable deadline, any payment information, identity verification information, tax-related information, or other documents the Company requires.
4. The Company may withhold payment if the information described in the preceding paragraph is incomplete.
5. Rewards below the minimum payout amount may be carried forward to a subsequent payment cycle.
6. Bank fees, foreign exchange fees, receiving fees, and other costs are allocated in accordance with the individual terms sheet or as otherwise separately determined by the Company.
Article 8 (Free Use and Preferential Terms)
1. The Company may offer Partners free use of the Service or preferential terms.
2. The eligible participants, period, and conditions for free use or preferential terms are separately determined by the Company.
3. If a Partner no longer satisfies the applicable conditions, the Company may end or change the free use or preferential terms.
4. Free use or preferential terms do not guarantee that any reward will accrue.
Article 9 (Disclosure Obligations)
1. Partners must make the necessary advertising disclosure in any post, stream, video, article, or other communication regarding the Service.
2. Disclosures must be made in a location and manner that is clear to viewers and not easily overlooked.
3. Examples of acceptable disclosures include labels such as "PR," "Ad," "Contains an affiliate link," or "Introduced as a Clippyy partner."
4. Partners must comply with any disclosure and representation guidelines separately established by the Company. The FTC requires clear disclosure of brand relationships in communications, including on social media.
Article 10 (Prohibited Conduct)
Partners must not engage in any of the following:
(1) False or misleading descriptions, exaggerated claims, or guarantees of results.
(2) Overstating the performance, results, or effects of the Service beyond what it actually delivers.
(3) Representations that the Company or the Service is "official," "authorized," a "sponsor," or otherwise likely to cause confusion.
(4) Altering the Company's trademarks, logos, or Provided Materials without the Company's consent.
(5) Bidding on trademark keywords in search advertising, or otherwise improperly using the Company's brand.
(6) Spam posts, spam direct messages, or unsolicited solicitation.
(7) Self-purchases, inflating results, fabricating results, or inducements premised on a refund.
(8) Infringing third-party rights, defamation, discriminatory expression, or violations of public order and morals.
(9) Illegal content, illegal adult content, or association with antisocial content.
(10) Conduct that damages the credibility, brand value, or reputation of the Company or the Service.
(11) Violating any law, these Terms, any guideline, or any instruction from the Company.
The FTC requires both advertisers and endorsers to avoid unsubstantiated claims and misleading representations.
Article 11 (Intellectual Property and Use of Materials)
1. All intellectual property rights in the Service, the Provided Materials, logos, trademarks, text, images, and any other related materials belong to the Company or the rightful rights holders.
2. Partners may use the Provided Materials only within the scope the Company has authorized.
3. Partners must not modify, sublicense, or redistribute the Provided Materials without the Company's prior consent.
4. For brand protection purposes, the Company may require a Partner to replace, remove, or stop using any Provided Materials.
Article 12 (Data and Personal Information)
1. To the extent necessary to operate the Program, the Company collects and uses a Partner's name, activity name, contact details, payment information, social media information, and other information.
2. The Company's handling of personal information is governed by the Company's Privacy Policy.
3. Partners must not improperly collect, use, or disclose the personal information of any third party in their own communications.
Article 13 (Term and Termination)
1. A Partner's participation in the Program begins on the date the Company approves their application and continues until the Partner or the Company gives notice of termination or otherwise terminates participation.
2. A Partner may withdraw from the Program at any time using the method specified by the Company.
3. The Company may suspend or terminate a Partner's participation without prior notice if the Partner falls under any of the following:
(1) A violation of these Terms or any guideline.
(2) False information was found in the application.
(3) Damage to the Company's brand or a serious loss of trust.
(4) No activity can be confirmed for an extended period.
(5) Involvement with an antisocial force is discovered.
(6) The Company otherwise determines the Partner's conduct to be inappropriate.
4. Upon termination of participation, the Partner must immediately stop using their referral link, referral code, Provided Materials, and any display of the Company's brand.
5. Even for rewards that arose before termination, unapproved or fraudulent results are not eligible for payment.
Article 14 (Changes to These Terms)
1. The Company may revise these Terms whenever it deems necessary.
2. The revised Terms take effect once the Company has given notice or posted them using a method it deems appropriate.
3. If a Partner continues to participate in the Program after a revision, the Partner is deemed to have agreed to the revised Terms. As is common in general affiliate programs such as impact.com, terms and conditions may vary and be updated by brand.
Article 15 (Disclaimer)
1. The Company does not guarantee the continued availability of the Program, that any particular result will occur, any reward amount, any increase in sales, or any other outcome.
2. The Company is not liable for damages arising from system failures, communication failures, defects in third-party services, processing by payment providers, changes to the specifications of external platforms, or any other cause beyond the Company's reasonable control.
3. Even where the Company is found liable, except in cases of the Company's intent or gross negligence, the Company's liability is limited to the total amount of rewards it actually paid to the relevant Partner in the preceding six months.
Article 16 (Governing Law and Jurisdiction)
1. Except as the Company separately determines, these Terms are to be interpreted in light of the law applicable based on the Company's location or the relevant target region.
2. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction, as the court of first instance, of the court having jurisdiction over the Company's head office location or any other court the Company separately designates.
3. This article is a draft, and final terms will require expert review based on the Company's corporate domicile, target regions, tax treatment, and applicable consumer protection law.