Affiliate Program Terms and Conditions

Kseniia Design Studios and all of its property, products and intellectual property are owned and operated by Kseniia Krasilich (referred to as “Company,” “us” or “we”). We offer digital website and graphic templates and digital courses (collectively referred to as “products”) at www.kseniiadesignstudios.com (the “site”).

In order to market and promote our products we host an Affiliate Marketing Program (the “program”), where you (“you” or Affiliate”) may advertise and promote the site and its products in exchange for a commission.

By signing up to participate in the program you agree to be bound by these Terms and Conditions (“Terms” or “Agreement”), effective as of the date on which you provide written acknowledgement of your acceptance of these Terms (the “Effective Date”). We do reserve the right to change these Terms from time to time and will notify you when such changes are made.

1. Affiliate Link and Platform.

We utilize ThriveCart (the “platform”), a third-party affiliate marketing software, to manage our program. When you sign-up for the program, you will be prompted to create a profile that will give you access to the platform. Within the platform, you will have your own affiliate portal in order to check your clicks, conversion statistics, and payout information. You can access your affiliate portal at any time.

In your portal, we will provide you with a unique affiliate link to share with your community and track your promotional efforts. It is important that when marketing our products, you use your unique affiliate link. Only sales that are tracked through your affiliate link will receive a commission payout.

For clarity, you may not sell, resell or otherwise use Company's products or property on your website, other platforms, or anywhere else.

2. Commission Rate and Payouts.

You will be compensated on a commission only basis for your participation in the program. As of the Effective Date you will receive a 20% commission for every customer that purchases our products using your unique affiliate link, provided that Company may change the amount of commission at any time in Company's sole discretion. Commission is calculated based on gross revenue of sales.

You will receive payout for commissions via Paypal, no later than 7 consecutive calendar days after the commission is processed. In the event your commission cannot be processed due to customer refunds, we will notify you in writing at the time in which you would normally receive your payout.

3. License for Promotional Materials.

Company may, at its sole discretion, provide you with creative content ideas, email swipe copy, social media swipe copy, graphics, videos, and other content (collectively referred to as “promotional materials”) to assist in the active promotion of the products. During the Term of this Agreement and for the sole purpose of promoting the products, Company grants to Affiliate a non-exclusive, royalty-free, fully-paid, worldwide, license to use, reproduce, copy, modify and make derivative works, market, distribute, and transmit, the promotional materials.

4. Advertising Compliance.

You shall not engage in any deceptive advertising practices when promoting our products. You agree to always disclose your affiliate relationship with Company, and to adhere to all applicable marketing and advertising laws and regulations, including but not limited to those enforced and promulgated by the FTC (Federal Trade Commission). In the even you are found to be in noncompliance with any federal, state, or local laws or regulations regarding consumer protection or disclosure laws, you shall bear the sole responsibility for your conduct in accordance with paragraph 7 (“indemnification provision”) of these Terms.

5. Non-Disparagement.

You acknowledge and agree that your primary participation in the program is to promote our products in a positive light in order to generate sales. Therefore, it shall be deemed a material breach of this Agreement if you, at any time during the Term, and thereafter make any disparaging, false, misleading, or otherwise defamatory comment(s) about the Company, and/or its employees, agents, directors, officers, affiliates, products, and/or services.

6. Intellectual Property Ownership.

Company’s Property. You acknowledge and agree that all content, including promotional materials, presented within the scope of your participation in the program are the sole property of Company and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any unauthorized use of Company’s materials shall be deemed a violation of Company’s intellectual property rights and shall result in criminal and/or civil penalties.

Your Property. Any content you create in furtherance of your participation in the program, including but not limited to social media posts, podcasts, blog posts, and email marketing, shall be deemed your sole and individual property. Notwithstanding the foregoing sentence, you shall not use Company’s logos, images, likeness, or other proprietary information in your content without Company’s express written permission.

7. Limitation of Liability.

Except for indemnification obligations, neither party will be liable for damages that are remote or speculative, or that the breaching party could not reasonably have foreseen when entering into this Agreement.

9. Term and Termination.

The term of this Agreement ("Term"") shall commence on the Effective Date and will remain in effect until terminated. You may terminate this Agreement and end your participation in the program and by providing written notice to me. Company may terminate this Agreement at any time by providing written notice to you.

10. Confidentiality.

The Parties agree to keep confidential any and all proprietary information relating to the other party’s business, and any other information not generally made available to the public (collectively, “Confidential Information”). The term Confidential Information includes the terms of this Agreement. The Parties shall use all commercially practicable efforts to safeguard the secrecy and confidentiality of each other’s Confidential Information, and shall not disclose any of the Confidential Information to any third party (other than as required to fulfill its contractual obligations or with the written consent of the other party), during the Term and thereafter.

11. Miscellaneous Provisions.

(a)   Independent Contractors. The relationship between the Parties under this Agreement is that of independent contractors. No joint venture, franchise, partnership, employment agreement, or agency is created under this Agreement.

(b)  Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. You certify and acknowledge that they have had the opportunity to read this Agreement, and that they have voluntarily entered into this Agreement fully aware of its terms and conditions.