Craft Club Ambassador Terms and Conditions

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND TO EVERY TERM AND CONDITION.

1. Overview

This Agreement contains the complete terms and conditions that apply to you becoming an ambassador (an "Ambassador") in Craft Club’s Ambassador Program. The purpose of this Agreement is to allow HTML linking between your social profile, Youtube channel, EDM content or website and the www.craftclubco.com website (the "Site"). Craft Club’s Ambassador Program is a product for individuals and companies who sign up and agree to help market Craft Club’s products in exchange for earning a commission. Ambassadors may share information about Craft Club with their audiences/customers using social media, web/blog posts, newsletters, emails, and other forms of interaction. The website of the Ambassador uses a link (generated via Shopify Collabs, Craft Club’s selected Ambassador platform) to direct the Ambassador's audience to the Site. Upon visiting the Site, referred users are identified with a cookie. A qualifying purchase made by a user within 30 days of first visiting the Site results in a commission earned by the Ambassador. Please note that throughout this Agreement, "we," "us," and "our" refer to Craft Club, and "you," and "your" refer to the Ambassador.

2. Ambassador Obligations
   
   To begin the enrolment process, you will complete and submit the online application at the Site. The application is hosted by Shopify, and the use of the Shopify application process by you is subject to your agreement to the Shopify Terms of Use. You are not automatically approved. Shopify notifies us by email of your application, and then we review the application. We can approve or deny the application for any reason. If your application is approved, you are automatically assigned a discount code or referral link which is auto-generated by Shopify.

Please note that we may cancel your application or your status as an Ambassador at any time and for any reason, including without limitation, if we determine that your site:

(i) promotes sexually explicit materials;
(ii) promotes violence;
(iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(iv) promotes illegal activities;
(v) incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law;
(vi) includes "Craft Club" or variations or misspellings thereof in its domain name; or
(vii) is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion; or
(viii) passes off or misleads a reasonable consumer that it represents, is a subsidiary or is otherwise a part of Craft Club itself; or
(ix) contains software downloads that potentially enable diversions of commission from other Ambassadors in our program.

You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our Site nor design your web site in a manner which leads customers to believe you are Craft Club or any other business affiliated with Craft Club.

3. Craft Club Rights and Obligations
   
   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 Ambassador link we provide you with. Craft Club reserves the right, at any time, to review your placement and approve the use of any links from your site to our Site. The maintenance and the updating of your website or posts will be your responsibility. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your website. We have the right to monitor your posts and website at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to the Site are appropriate. If you do not make the changes to your posts or website that we feel are necessary, we reserve the right to terminate your participation in the Craft Club Ambassador Program. This Agreement will begin upon our acceptance of your Ambassador application, and will continue unless terminated hereunder.
   
   
   
4. Termination
   
   Either you or we may end this Agreement at any time and for any reason, with or without cause, by giving the other party written notice. Written notice can be in the form of mail (Craft Club, Suite 214/61 Marlborough Street Surry Hills, NSW 2010) or email to hello@craftclubco.com. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. In all events, Sections 8, 10, 11, 12, 13, 14 and 15 will survive termination of this Agreement.
   
   
   
5. Modification
   
   We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Craft Club’s Ambassador Program rules. If any modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in Craft Club’s Ambassador Program following the posting of the change notice or new Agreement on our Site will indicate your agreement to the changes.
   
   
   
6. Payment
   
   When a visitor to your post or website uses your Ambassador identifier (unique referral URL or promotion code) to access the Site, a cookie is set in their browser that identifies you as the referring Ambassador. Also the user's IP address is tracked. If within a designated time frame (30 days unless otherwise changed by Craft Club pursuant to the terms of this Agreement) the user decides to buy a qualifying Craft Club product, Shopify will look for this cookie and/or try to match the user's IP address so as to identify you as the Ambassador to be awarded a commission.

Note that in order for a user's sales to be tracked to a certain Ambassador, the user must purchase the Craft Club product using the same computer and browser that was used to initially click on the Ambassador link from the Ambassador's web site. Also, the user must not have cleared or reset its cookies.

Craft Club pays a flat commission of 10% on all sales (excluding taxes and shipping). Commissions will show up in your account with Shopify Collabs. Commissions are paid each time your total unpaid commissions balance reaches $50.00 or monthly if your commissions balance exceeds $50.00 per month. Every time a qualifying sale is associated with your Ambassador link or promotion code, you will earn a commission.

Craft Club uses PayPal to make payments to its Ambassadors. This means that to be an Ambassador you must have a valid PayPal account. Your use of a PayPal account to receive payments from us is subject to PayPal's Terms of Use (https://www.paypal.com/gi/webapps/mpp/ua/useragreement-full) and the PayPal Privacy Policy (https://www.paypal.com/gi/webapps/mpp/ua/privacy-full). In certain instances, Craft Club will consider requests for direct deposit on a case-by-case basis.

7. Access to Ambassador Account Interface
   
   When you submit an Ambassador application, you are also signing up for a Uppromote Ambassador account. With this account, you may view your account activity and account details (via the Uppromote Ambassador Dashboard).
   
   
   
8. Promotion Restrictions
   
   You are free to promote your own websites, but naturally any promotion that mentions Craft Club 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 Craft Club. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address, or that violates any applicable local, state or federal law. You may use mailings to customers to promote Craft Club so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Craft Club so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Craft Club. Any pending balances owed to you will not be paid if your account is terminated due to unacceptable advertising or solicitation.

Ambassadors that own or bid on keywords that are identical to or confusingly similar to Craft Club or any of our product names will be considered trademark infringers and will be banned from Craft Club’s Ambassador Program. We will do everything possible to contact you prior to the ban. However, we reserve the right to expel any trademark violator from our Ambassador Program without prior notice, and on the first occurrence of any behavior that suggests trademark infringement.

Craft Club will provide creative digital assets with the Craft Club logo and marketing information that Ambassadors are allowed to place on their websites, in newsletters and emails or on printed marketing collateral.

9. Grant of Licenses
   
   We grant to you a non-exclusive, non-transferable, revocable right to (i) include links to 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 Craft Club’s Ambassador Program. You agree that all uses of the Licensed Materials will be on behalf of Craft Club and the good will associated therewith will inure to the sole benefit of Craft Club. Other than the license granted in this Agreement, Craft Club retains all right, title, and interest in and to its respective intellectual property rights and no right, title, or interest in such rights is transferred to you.
   
   
   
10. Disclaimer
    
    We make no express or implied representations or warranties regarding the Craft Club ambassador program, the Site, or the products or services provided therein. Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement are expressly disclaimed and excluded to the extent permitted by law. 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.
    
    
    
11. Representations and Warranties
    
    You represent and warrant that: (i) this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; and (ii) 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.
    
    
    
12. Limitations of Liability
    
    In no event we will be liable to you under 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 Craft Club’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 then-owed to you under this Agreement.
    
    
    
13. Indemnification
    
    You hereby agree to indemnify and hold harmless Craft Club, and its subsidiaries, 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 misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein; (ii) any claim related to your website, including, without limitation, content therein not attributable to us; or (iii) your breach of this Agreement.
    
    
    
14. Governing Law
    
    This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute or claim arising out of, or in connection with, the Agreement shall be finally settled in the jurisdiction of New South Wales, Australia.
    
    
    
15. Miscellaneous
    
    This Agreement sets forth the entire agreement between you and us pertaining to the Ambassador Program. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect.

Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Our delay or failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement does not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under this Agreement, be deemed to be an agent or employee of the other, and neither you nor we has the authority to bind the other under any contract, agreement, or otherwise.

We shall not be liable for any failure to perform any of our obligations under this Agreement if the performance is prevented, hindered or delayed due to any cause beyond the reasonable control of Craft Club including, without limitation, unavailability of any communication system, breach or virus in the processes, sabotage, fire, flood, explosion, acts of nature, civil commotion, riots, insurrection, war, acts of government, etc.