Affiliate terms and conditions

“Affiliate Lead” means a customer prospect who has no pre-existing business relationship with Contentpen and clicks on the Affiliate Link that we have made available to you.

“Affiliate Link” means the unique tracking link you place on your site or promote through other channels.

“Affiliate Tool” means FirstPromoter or any other similar tool that we make available to you upon your acceptance into the Affiliate Program.

“Commission” means an amount equal to thirty percent (30%) of the subscription price of the Commissionable Plan purchased by a Customer for up to twelve (12) months.

“Commissionable Plan” means any paid Contentpen subscription plan, excluding any enterprise or custom plans unless otherwise stated.

“Customer” means an individual who has purchased a Commissionable Plan after being an Affiliate Lead.

“Customer Transaction” means a transaction by an Affiliate Lead that is eligible for Commission pursuant to this Agreement.

You will not receive commission against your own account, nor can you refer yourself. You need to refer at least 2 unique customers to be eligible for a payout.

Payments will be made only against transactions that have been successfully completed. Chargebacks or refunds will not be paid out. In order to receive payment under this Agreement, you must have:

• (i) agreed to the terms of this Agreement;
• (ii) completed all steps necessary to create your account in the Affiliate Tool;
• (iii) have a valid and up-to-date payment method in the Affiliate Tool; and
• (iv) completed any and all required tax documentation.

You are responsible for payment of all taxes and fees, including any bank or processing fees, applicable to your Commission. If a Customer from whom you have received a Commission later receives a refund or chargeback, the Commission will be recouped from any future Commissions you receive.

In competitive situations involving multiple affiliates, the most recently acquired cookie will determine which affiliate is credited with the Customer Transaction, unless we determine otherwise at our discretion.

If a Customer does not remain in good standing with Contentpen for thirty (30) days immediately following the close of a Customer Transaction, your right to receive Commission for that transaction will be forfeited.

You will only be eligible for a Commission payment for Customer Transactions derived from Affiliate Leads generated by your Affiliate Link. An Affiliate Lead will be considered valid if, in our reasonable determination:

• (i) it is a new potential customer of ours, and
• (ii) it is not, at the time of submission or within sixty (60) days prior, one of our pre-existing customers or involved in our active sales process.

Your affiliate status may be suspended or terminated for any of the following reasons:

• False or misleading advertisement, claims, or hyperlinks
• Spamming, including mass email or mass social media posting
• Promotion on sites that contain or promote illegal activities
• Failing to disclose the affiliate relationship in accordance with the FTC guidelines or any applicable laws
• Violation of intellectual property rights
• Offering rebates, coupons, or other forms of promised kickbacks from your affiliate commission as an incentive. Adding bonuses or bundling other products with Contentpen is acceptable.
• Self-referrals, fraudulent transactions, or suspected affiliate fraud

Contentpen reserves the right to terminate any affiliate account at any time for violation of this Agreement or for no reason.

You grant to us a nonexclusive, non-transferable, royalty-free right to use and display your trademarks, service marks, and logos in connection with the Affiliate Program.

During the term of this Agreement, you may use our trademark only as follows:

• (i) use only the trademark images we make available to you, without alteration;
• (ii) use our trademarks only in connection with this Affiliate Program; and
• (iii) comply immediately if we request you to discontinue use.

You must not:

• (i) use our trademark in a misleading or disparaging way;
• (ii) use our trademark in a way that implies we endorse or sponsor your products or services; or
• (iii) use our trademark in connection with any unlawful or indecent material.

On any website, social media channel, or platform where you promote Contentpen, you must clearly display the following disclosure or similar language:

You must comply with all FTC guidelines on endorsements and testimonials, as well as any applicable laws in your jurisdiction regarding affiliate disclosures.

You agree that:

• You will not purchase ads that direct to your site or through an Affiliate Link in a way that competes with Contentpen's own advertising
• You will not participate in cookie stuffing, pop-ups, or use false or misleading links
• You will not email purchased contact lists or contact people who have not opted in to receive communications from you
• You will not attempt to mask the referring URL information
• You will not make claims about Contentpen that are inconsistent with or beyond the scope of our official marketing materials
• You will not make any guarantees that using Contentpen will result in financial gain for the user
• You will not use automation devices, fake redirects, or any tools designed to artificially generate leads
• You will comply promptly with all opt-out and unsubscribe requests

Contentpen will not be liable for indirect or accidental damages, including loss of revenue or commissions, due to affiliate tracking failures, loss of database files, or any results of harm to the Program or our website.

Cookies used as part of the Affiliate Tool have a set duration. If a potential customer clears their cookies during this period, Contentpen shall not be liable for any Commissions that may have been owed to you.

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Delaware. Any dispute arising under or related to this Agreement shall be adjudicated exclusively in the state courts located in Claymont, Delaware.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover reasonable legal fees from the other party.