Affiliate Program (the "Affiliate Program") Terms & Conditions

The Affiliate Program Terms were last updated on November 8, 2012

The purpose of the Affiliate Program is to introduce new persons to Crestock either as buyers or sellers of images. By linking to Crestock with your unique Affiliate I.D. accessed under the "Affiliates / Tools" tab of the Website, you agree to the following Terms and Conditions.

  1. The Affiliate Program Terms & Conditions are in addition to the Membership Agreement and the Website Terms & Conditions. In the event of any inconsistency between the Affiliate Program Terms & Conditions and the Membership Agreement or Website Terms & Conditions (which are hereby incorporated into the Affiliate Program Terms & Conditions), the Affiliate Program Terms & Conditions will prevail.
  2. To become an Affiliate, you must be a Member of Crestock. Your status as an Affiliate will terminate upon the termination of your Membership.
  3. For any person who becomes a Member after linking to Crestock using your Affiliate I.D. (a "Commissionable Member"), you will be eligible for the following "Affiliate Commissions" calculated during the 180-day period following the commencement of such Membership:

    3.1. Commissionable Member purchases: 25% of the amount received by Crestock for purchases made by a Commissionable Member on the Website; and

    3.2. Commissionable Member uploaded images: 10% of the royalty paid by Crestock to such Commissionable Member for any licenses of such Commissionable Member's images. Your Affiliate Commission will not reduce the amount paid to such Commissionable Member.

  4. Crestock reserves the right to withhold the payment of any Affiliate Commission under the Affiliate Program for a period of sixty (60) days from the date that a purchase is made by a Commissionable Member.
  5. Recruited persons must have cookies enabled in their browser and accept the Membership Agreement within 30 days of clicking your affiliate link to be registered as a Commissionable Member.
  6. Only persons arriving at the Website through a valid affiliate link that includes your Affiliate I.D. may become Commissionable Members.
  7. Only the links and graphics provided by Crestock in the Affiliate "Tools" section of the Website may be used to qualify for the Affiliate Program.
  8. An existing Crestock Member cannot become a Commissionable Member.
  9. You are allowed to have an unlimited number of Commissionable Members, but you are not allowed to affiliate yourself or to engage in other forms of self-dealing that conflicts with the integrity of the Affiliate Program as determined by Crestock in its sole discretion.
  10. Prohibited activities:

    10.1. Spamming. If we receive confirmed reports of unsolicited e‑mails or off-topic blog or forum comments used to promote Crestock, we reserve the right to suspend or close your account.

    10.2. Misrepresentation. By entering into the Affiliate Program you agree not to misrepresent Crestock's products or services in any way.

    10.3. Inappropriate use. You agree not to use the Affiliate Program in any way that conflicts with the business of Crestock, or appears in a context or is used in conjunction with any content that Crestock deems to be inappropriate.

  11. You and Crestock are independent contractors and nothing in the Affiliate Program will create any employee-employer, partnership, joint venture or agency relationship. You have no authority to make or accept any offers, warranties or representations on Crestock's behalf. You will not make any statement, whether on your website or otherwise, that would cause confusion as to Crestock's relationship with you.
  12. You agree to fully and immediately respond to any and all requests or queries Crestock makes regarding your compliance with the Affiliate Program, and to report to Crestock any suspected violations of the Affiliate Program Terms & Conditions.
  13. Method of Affiliate Commission Payment:

    13.1. In response to a request from you made online via your Crestock Account, and provided that the cumulative Affiliate Commission balance in your Crestock Account exceeds fifty United States Dollars (U.S. $50.00), Crestock will issue payment to you on or about the first (1st) or the fifteenth (15th) day of any calendar month (or the first business day following the 1st or the 15th). Such request must be received by Crestock at least five (5) business days prior to the respective payout date to ensure timely payment to you.

    13.1.1. Your Affiliate Commission payment will be issued in United States Dollars (U.S. $) to the PayPal (www.paypal.com) e-mail address you have registered in your Crestock Account.

    13.1.2. If you do not have a PayPal account or if PayPal does not operate in your country of residence, then you may request payment via Moneybookers (www.moneybookers.com) through the related e-mail link visible in your Crestock Account.

    13.2. If a transaction is credited or cancelled, in whole or in part (including if such License is partially credited as part of a client incentive rebate program), then Crestock will report such credit or cancellation to you in your Crestock Account. If you have already been paid an Affiliate Commission for such credited or cancelled License, you will be obligated to reimburse Crestock the amount of such Affiliate Commission and Crestock will be entitled to deduct that amount or applicable portion thereof (in the case of a partial credit or cancellation) from Affiliate Commission payments to you.

    13.3. If Crestock makes an overpayment of Affiliate Commissions to you for any reason, Crestock reserves the right to deduct the amount of such overpayment from your Crestock Account and/or to require the immediate repayment of such overpaid Affiliate Commissions.

  14. You will indemnify and hold harmless Crestock, its contributing artists and licensors, and their respective directors, officers, agents and employees from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with your participation in the Affiliate Program.
  15. Crestock, in its sole discretion and not as its exclusive remedy, reserves the right to suspend or terminate your participation in the Affiliate Program immediately and without notice to you, including suspending or cancelling any payments to you, if Crestock determines that you have violated the Affiliate Program Terms & Conditions.
  16. Your participation in the Affiliate Program will terminate upon the termination of your Membership in Crestock.

    16.1. Any Affiliate Commissions payable to you and recorded in your Crestock account at the time of termination will be remitted to you by Crestock.

    16.2. No further Affiliate Commissions will be payable to you after the termination date, whether resulting from referrals made during the term of your Membership or resulting from persons arriving at Crestock using your Affiliate I.D. after the date of termination.

  17. Crestock reserves the right to terminate or change the terms of the Affiliate Program at any time by notification posted to this Website and you will be bound by such changes.

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