AFFILIATE PROGRAM TERMS & CONDITIONS

 Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. Thank you.

DEFINITIONS

As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Texas Creative Finance Solutions and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Texas Creative Finance Solutions properties located at www.txcreativefinancesolutions.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Texas Creative Finance Solutions Affiliate Program.

ENROLLMENT

After receiving your application, we will review your information, including your website and/or social media accounts. Should we find content that is against our policies, we will notify you of your rejection from our Program and deactivate your affiliate account. 

We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.

COMMISSIONS, CONTESTS & INCENTIVES

Commissions are earned when the criteria for the assigned campaign is met. Payout takes place at the beginning of the month following the 30-day waiting period. The amount of commission may vary from campaign to campaign and will be specified upon assignment to the campaign.

TRACKING & PAYMENT

We use a third party to handle all of the tracking and payment.

WEBSITE RESTRICTIONS

Your participating website(s) may not:

1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights. 

2. Violate any law, rule or regulation.

3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.

4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.

LINKING TO OUR WEBSITE

Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following. 

1. You will only use linking code obtained from the affiliate interface without manipulation.

2. All domains that use your affiliate link must be listed in your affiliate profile.

3. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner. 

4. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating). 

5. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited. 

If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to $0. This does not include using “out” redirects from the same domain where the affiliate link is placed. 

PPC GUIDELINES

If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

1. You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo, Facebook or any other network.

2. You may not use our trademarked terms as part of the name of your site (e.g., you cannot name your site “Texas Creative Finance Solutions Coupons”).

3. You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.

4. You may not directly link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website. 

If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to $0 without warning if you engage in PPC trademark bidding that uses our trademarked terms.

Trademarked Terms: Texas Creative Finance Solutions, TX Creative Finance Solutions

PROMO CODE GUIDELINES

If you are enrolled in our Program and your Website promotes promo codes, you must adhere to our Promo Code Guidelines as follows:

1. If you choose to advertise Texas Creative Finance Solutions promo codes then the ONLY Texas Creative Finance Solutions promo codes you may advertise are Texas Creative Finance Solutions promo codes that are provided to you through the affiliate program or network or that are displayed on our website(s). (This limitation applies only to Texas Creative Finance Solutions promo codes; there is no limitation regarding promo codes from any other company or product)

2. You may NOT advertise Texas Creative Finance Solutions promo codes obtained from our non-affiliate advertising, customer emails, paid search, or any other campaign.

3. Posting any information about how to work around the requirements of a promo code /promotion (i.e. first-time customers only) will result in removal from the program.

4. Promo codes must be displayed in their entirety with the full offer, valid expiration date and code. 

5. You may NOT use any technology that covers up the promo code and generates the affiliate click by revealing the code(s).

6. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free shipping over $100, you may not turn this into an offer that infers that the customer must click from your site to get this deal.

Additionally, if your website ranks on the first page of Google for terms related to our website or company name(s) combined with the words promo, promo codes, promo code, coupon, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability.

SUB-AFFILIATE NETWORKS

Promoting Texas Creative Finance Solutions through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Texas Creative Finance Solutions program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of sub-affiliate to promote the Texas Creative Finance Solutions program.

Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.

DOMAIN NAMES

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. TexasCreativeFinanceSolutions.website.com or www.TexasCreativeFinanceSolutions-coupons.com

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via email campaigns, you must adhere to the following:

1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.

2. E-mail must be sent on your behalf and must not imply that the email is being sent on behalf of Texas Creative Finance Solutions.

3. E-mails must first be submitted to us for approval prior to being sent. 

SOCIAL MEDIA

Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines: 

1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example: You may post, “25% off sale at Texas Creative Finance Solutions through Wednesday with code TexasCreativeFinanceSolutions25.” 

2. You ARE PROHIBITED from posting your affiliate links on Texas Creative Finance Solutions' Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.

3. You ARE PROHIBITED from running Facebook ads with Texas Creative Finance Solutions' trademarked company name.

OPERATIONS OUTSIDE UNITED STATES

If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries.

REVERSAL & COMMUNICATION POLICY

Texas Creative Finance Solutions takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, disputed charges, and program violations as outlined in these terms and conditions.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

1. You are not forthcoming, you are intentionally vague, or you are found to be lying. 

2. You are not responsive within a reasonable time period and after multiple attempts to contact you using the information listed in your affiliate profile. 

3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to $0 or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.

TERMINATION

1. Either you or we may end this Agreement AT ANY TIME, with or without cause, by utilizing the respective functionality of the affiliate platform. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

2. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

3. You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

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 the Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

OUR CUSTOMERS

Customers who buy products through this Program are our customers. All of our standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time.

GRANT OF LICENSES

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.

2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Program. You agree that all uses of the Licensed Materials will be on behalf of the Program and the goodwill associated therewith will insure to the sole benefit of us.

3. 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 right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

4. Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to our Affiliate Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to our domain name.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that: 

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.

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.

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

DISCLAIMER: 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.

LIMITATIONS OF LIABILITY

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.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless Texas Creative Finance Solutions, 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

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

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 us. 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 of Your Site or otherwise, that reasonably would contradict anything in this Section.

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. 

3. This Agreement shall be governed by and interpreted in accordance with the laws of the United States and the State of Texas without regard to the conflicts of laws and principles thereof.

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

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. 

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. 

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. 

8. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

FTC DISCLOSURE REQUIREMENTS

You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. 

• Disclosures must be made as close as possible to the claims.

• Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).

• Pop-up disclosures are prohibited.

For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ; and the FTC's Endorsement Guidelines at

http://business.ftc.gov/advertising-and-marketing/endorsements

Privacy and Use of Your Data

Our Privacy Policy is available on our website, and applies to you and your websites enrolled in our Program. By enrolling in the Program you agree that you have read the Privacy Policy and consent to the handling of your personal information as described in that policy. If you provide personal information to us about any individual (including through your participation in the Program), you must first ensure that the third party agrees, having been made aware of the Privacy Policy.

INDEPENDENT INVESTIGATION

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.