The purpose of the Brainstorm Force Affiliate Program (referred to as “the Program”) is to provide incentives for promoting our products, expanding our audience, and rewarding affiliates for their efforts. Participation in “the Program” does not create an employment relationship or establish a partnership between us. If an affiliate’s participation in “the Program” is approved, they will be considered an independent contractor.
These Affiliate Terms & Conditions (“Affiliate Terms” or “Terms”) constitute a legally binding agreement between the affiliate and Brainstorm Force. By clicking the “Submit” button when submitting the affiliate application, completing the registration process to become a Brainstorm Force affiliate partner, and/or participating in “the Program”, the affiliate confirms their acceptance of these Terms on behalf of themselves or, if they are representing a company or other entity, on behalf of that company or entity. If the affiliate does not agree to these Terms, they should not click “Submit” or participate in the affiliate program.
This Affiliate Agreement shall take precedence over any other terms and conditions.
1. Participation in the Affiliate Program:
Upon submission of an application to join “the Program” through the affiliate signup form, the affiliate’s application will be reviewed and they will be informed of the acceptance or rejection of their application. Please note that the review process may take a few days, and patience is appreciated during this time.
If there are any questions regarding the affiliate’s application, they may be contacted at the email address provided with additional questions. This may be necessary in order to clarify certain aspects of the application or to obtain more information about the affiliate’s plans for promoting Brainstorm Force products.
The affiliate application may be rejected if it is determined that they are not suitable for “the Program” for any reason. If the affiliate’s application is approved, they will be provided with a unique referral link that they can use to promote Brainstorm Force products through referral links. The affiliate will be able to access their private Affiliate Area to view information on visits and referrals, generate their affiliate link, and more.
An agreement between Affiliate and Brainstorm Force will not be formed until the application is accepted or if it is rejected.
A person or legal entity may not maintain more than one account.
Any individual participating in this affiliate program on their own behalf must warrant that they are 18 years of age or older. Additionally, any individual who completes the Application Form must warrant that they possess the necessary authority to legally represent the entity they are seeking to bind.
2. Promotional Materials
Brainstorm Force shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to store.brainstormforce.com, herein referred to as Brainstorm Force’s website, as specified by Brainstorm Force.
3. Use of Promotional Materials
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications:
a. Affiliate may not use any graphic, textual or other materials to promote Brainstorm Force’s website, products or services other than the Promotional Materials, unless Brainstorm Force agrees to such other materials in writing prior to their display.
b. Affiliate may only use the Promotional Materials for the purpose of promoting Brainstorm Force’s website (and the products and services available thereon), and for linking to store.brainstormforce.com.
c. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Brainstorm Force. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Brainstorm Force for such alteration of modification.
d. The Promotional Materials will be used to link only to store.brainstormforce.com, to the specific page and address as specified by Brainstorm Force.
4. License
Brainstorm Force grants Affiliate a non-exclusive, non-transferable license (the “License”) to use the Promotional Materials for the purpose of promoting our products and services. This license is limited to personal use only and does not allow Affiliate to use our Intellectual Property Rights with another brand name or as part of a bundled project. Additionally, Affiliate is not permitted to allow others to use the content that we have licensed to them.
The term of the License shall expire upon the expiration or termination of this Agreement.
5. Intellectual Property
Brainstorm Force retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.
Promotional materials displaying prices must accurately reflect current pricing and discounts at all times.
Affiliate is prohibited from copying any other content appearing on any Brainstorm Force website or elsewhere in a verbatim manner. Any use of such content must be in the form of paraphrasing.
Affiliate is prohibited from copying the appearance or design of any Brainstorm Force website or web page.
6. Relationship of Parties
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Brainstorm Force and Affiliate. Affiliate shall provide services for Brainstorm Force as an independent contractor. Affiliate shall have no authority to bind Brainstorm Force into any agreement, nor shall Affiliate be considered to be an agent of Brainstorm Force in any respect.
Affiliates shall not have sub-affiliates or otherwise permit any third party to participate in the affiliate program, nor shall affiliates share their affiliate fees with any third party.
Any individual or entity that is not a party to this Agreement shall not possess any statutory rights, either directly or indirectly, with regard to this Agreement or its enforcement.
7. Commissions
Affiliate commissions terms, conditions and specifications:
a. In exchange for Affiliate’s display of the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, Brainstorm Force shall pay to Affiliate a commission (the “Commission”) in the amount of fixed price or a percentage of product sold to a user through a link on Affiliate’s website. The commission for each product is mentioned on their individual websites. This percentage is subject to change by Brainstorm Force at any time. Commission payments do not apply to purchases made directly by Affiliate. Transactions that result in refunds or chargebacks will not be paid out.
b. Brainstorm Force shall pay commission to the affiliate for any new license purchases made through the affiliate’s referral link. Payment shall be made through the affiliate’s PayPal account, using the email address on file with Brainstorm Force. Payouts for commissions earned through referral sales shall be made on a monthly basis, with payments being processed in the third week of each month for all referral sales that are at least 45 days old. For example, if a payout is being processed on March 15, 2023, it will include all referral sales made on or before January 31, 2023. The minimum required commission for the processing of a payout is $210 USD and 2 referral sales. An affiliate shall be eligible to receive a payout regardless of the total amount of commission earned, as long as the minimum required commission threshold has been met.
c. All sales are tracked using the visitor’s IP Address and the use of cookies. When a potential customer clicks on the affiliate’s referral link, a cookie is placed in the customer’s browser to track the referral. The cookie remains valid for a period of 60 days, providing the referred customer with ample time to decide whether to make a purchase. A referral shall not be awarded in the following circumstances: if the customer uses a different browser to make the purchase than the one they used to visit our site (since the cookie will not be present in that browser); if the customer makes a purchase more than 60 days after clicking on the referral link (since the cookie will have expired).
d. Affiliates are not allowed to buy stuff through their own affiliate link.
e. Affiliates are not allowed to present any kind of cashback scheme, bonus initiative, coupon discount or claim that customers can get any sort of discount by purchasing through their affiliate link.
f. In the event that Affiliate materially breaches this Agreement and Brainstorm Force terminates this Agreement of such breach or due to inactivity, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Brainstorm Force shall not be obligated to pay such Commissions to Affiliate.
8. Affiliate’s Representations and Warranties
Affiliate represents and warrants the following:
a. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
b. Affiliate’s website does not contain any materials that are:
- Sexually explicit, obscene, or pornographic;
- Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- Graphically violent, including any violent video game images
- Solicitous of any unlawful behavior; or
- Solicitous of any misleading behavior (i.e. invalid, expired coupons, promotions, or discounts)
- Solicitous offers, cash incentives on purchase through the affiliate link.
c. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
d. Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above.
e. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
f. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference Brainstorm Force or store.brainstormforce.com unless Brainstorm Force gives prior written consent to the distribution of such materials. Affiliate will not use Brainstorm Force’s name (or any name that is confusingly similar to Brainstorm Force’s name / it’s products / services) for any purpose on its website, in its promotional materials, or in any other context except to promote store.brainstormforce.com as specified in this Agreement. Affiliate will not register any domain name that incorporates Brainstorm Force’s name, or that is confusingly similar to Brainstorm Force’s name.
g. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Brainstorm Force / it’s products / services or store.brainstormforce.com.
h. If the affiliate is using cloaked links that redirect users to our website, the redirection method MUST BE 301 redirects.
i. Affiliates can not engage in any form of paid advertising, including but not limited to pay-per-click bidding or purchasing ads through any service, such as Google AdWords, social media advertising, or retargeting ads using our brand keywords. Such activities are deemed as a violation of our affiliate terms and will result in immediate termination of the affiliate agreement. Any commissions or payments earned through these prohibited activities will be forfeited. Upon receiving a request, the Affiliate is obligated to promptly and without delay remove all Advertiser Materials as per the request.
j. The Affiliates are prohibited from engaging in the following methods: click spoofing, click fraud, cookie stuffing, hidden landing pages, URL hijacking or sneaky redirects, malware dissemination, use of stolen data, malvertising, typosquatting, software development kit (SDK) spoofing, and malicious adware. Additionally, the Affiliate is obligated to provide credible evidence that their traffic source is legitimate and compliant with acceptable practices. Violation of these provisions may lead to immediate termination of this Agreement.
k. Affiliates are required to adhere to and guarantee compliance with all relevant foreign and domestic laws, including export laws and laws pertaining to the sending of unsolicited emails. Furthermore, they must abide by governmental regulations, ordinances, and judicial administrative orders. It is strictly prohibited for the affiliate to partake in any deceptive, misleading, illegal, or unethical marketing activities that could potentially harm the affiliate program provider, its customers, or the general public.
l. Affiliates confirm and guarantee that they are not residents of or associated with countries under economic sanctions or prohibited by the Office of Foreign Assets Control (OFAC) of the USA. Affiliates must comply with the sanctions programs administered by the OFAC of the US Department of the Treasury. Importantly, affiliates are strictly prohibited from directly or indirectly exporting, re-exporting, or transferring the Brainstorm Force products to prohibited countries or individuals. Furthermore, they must not allow the use of Brainstorm Force products by prohibited countries or individuals.
m. Affiliates shall devote a reasonable amount of time to promoting our products and services and shall do so with good quality. If we determine that an affiliate’s promotional material is problematic, offensive, illegal, or otherwise objectionable, we reserve the right to terminate their participation in “the Program”.
n. Affiliates shall not use deceptive practices or encourage users to click on banners, employ browser “add ons,” toolbars, downloadable applications, or any automated means to generate traffic.
o. The Affiliate shall remain primarily responsible and liable for all activities occurring under the Affiliate Account.
p. The affiliates can not transfer or assign their rights or obligations under this Agreement, either in whole or in part, without obtaining the prior written consent of all parties involved.
q. Affiliates must furnish satisfactory clarification, including customer information if deemed necessary, upon request, to ensure the promotion of our products adheres to the affiliate terms and conditions.
9. Coupon and Deal Sites
- Affiliates should NOT list coupon codes or discounts that are NOT exclusively provided to them.
- Affiliate should NOT promote any other coupon codes found elsewhere online.
- In case the affiliate needs an exclusive coupon, he/she should contact us.
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates should not mention misleading phrases implying coupons are available.
- Affiliates should not promote an outdated/expired coupon. It is the responsibility of an affiliate to keep information updated.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific saving by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- The user must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
- The use of certain phrases and words in your promotions of Astra and our other products is strictly prohibited. Affiliates are not permitted to use terms such as “Astra coupon/s”, “Astra coupon codes”, “Astra theme coupon”, “Astra Theme Coupon Code”, “Astra Theme Discount”, “Activate Astra coupon”, “Activate Astra Offer”, “Activate Astra Theme Discount”, “Astra Pro Discount Code”, “Astra Pro Discount”, “Astra Deals” and similar variations in website domain, URL, page title, and headings.
10. Indemnification
Affiliate shall indemnify Brainstorm Force and hold harmless Brainstorm Force from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless Brainstorm Force for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials. Instead of Section 7, please mention Section 8.
11. Confidentiality
Any information that Affiliate is exposed to by virtue of its relationship with Brainstorm Force under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Brainstorm Force Information.” Affiliate may not disclose any Confidential Brainstorm Force Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Brainstorm Force.
The affiliate is required to maintain the confidentiality of their commissions. They are prohibited from disclosing the specific amount of their commission to any third-party. The relationship between the affiliate and Brainstorm Force is confidential, and the affiliate is required to maintain the confidentiality of their commission and payment.
12. Termination
Brainstorm Force reserves the right to terminate any Affiliate account at any time, for any violations of this agreement or no reason.
If an affiliate’s account remains inactive for an extended period of time, Brainstorm Force reserves the right to terminate the account. In order to continue earning referrals, affiliates are encouraged to actively promote our products. If assistance is needed with ideas on how to promote our products, affiliates may contact Brainstorm Force and we will be happy to provide assistance.
An affiliate account will be considered dormant if it has not generated any commissions within a 6-month period. In such cases, we reserve the right to temporarily deactivate the account and reset the balance. Any pending balance will not be paid in the event of account deactivation. We may exercise this right without providing prior notice to the affiliate.
If an affiliate’s promotional methods are found to be in violation of the terms listed in this agreement, their referrals may be rejected and we reserve the right to disable the affiliate’s account. This may be done without prior notice to the affiliate. We encourage all affiliates to use only allowed promotional methods to ensure the success of their affiliate account.
In the event of the termination of the affiliate account, it is hereby stipulated that this Affiliate agreement shall be automatically and immediately terminated.
13. Taxes
Brainstorm Force shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Brainstorm Force as set forth in this Agreement. Brainstorm Force shall not withhold any taxes from the Commissions paid to Affiliate.
14. Limitation of Liability
Brainstorm Force shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Brainstorm Force was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
15. Counterparts
This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
16. Severability
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
Neither party shall be held liable for any breach of this Agreement that arises due to circumstances beyond their reasonable control, commonly referred to as a “Force Majeure Event.”
17. Headings
The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
18. Data Protection and Privacy
The Affiliate is required to comply with all applicable Advertising Standards and Data Regulations, which encompass relevant laws related to data protection, privacy, and similar legislations concerning data processing in relation to this Agreement. Such regulations may include, but are not limited to, the General Data Protection Regulation (GDPR) or ePrivacy regulations for EU citizens, guidance provided by the Federal Trade Commission (FTC), and self-regulatory principles outlined by the Digital Advertising Alliance. Additionally, for US citizens, compliance with the California Consumer Privacy Act of 2018 Cal. Civil Code § 1798.100 et seq. (CCPA), as well as other relevant state and federal legislations concerning data privacy and security, is mandatory.
19. Malicious Use
Affiliates are prohibited from distributing any Brainstorm Force products to any third-party while participating in “the Program”. They are also prohibited from creating derivative works of any Brainstorm Force products. This restriction is in place to ensure that all distribution of Brainstorm Force products occurs through official channels and that the software is not modified or tampered with in any way. If they have created any works that include both Brainstorm Force’s intellectual property and their own (e.g. a promotional video featuring a Brainstorm Force product logo), they must either destroy or delete these works.
20. Affiliate News and Updates
Affiliate consent to receiving newsletters, marketing materials, and promotional offers from us. These communications will be sent to affiliates only and may contain important information about “the Program”, as well as updates and news to assist with promoting Brainstorm Force products. These emails may also include embargoed or time-sensitive information that can only be promoted after the embargo has been lifted. We assure them that we will not engage in spamming practices. We request that they add our email to their list of approved senders in order to ensure that our communications are delivered to them.
21. Affiliate Disclosure
Affiliates are required to disclose the nature of their affiliate links and their material connection to our company when using the affiliate link in an article. These disclosures must be clear and conspicuous, and must appear on the same page as the affiliate links. They must not require any additional user interaction to be read (such as clicking a link, scrolling, or hovering over an element).
According to the Federal Trade Commission (FTC), disclosures must be placed in a location where they will be easily noticed and understood by the average person visiting the site. Placing disclosures in obscure locations, such as on an “ABOUT US” or “GENERAL INFO” page, behind a poorly labeled hyperlink, or in a terms of service agreement, is not sufficient. Disclosures should appear in full either before or in close proximity to the affiliate link itself.
Example Article Disclosure: “Some of the links in this post are ‘affiliate links.’ This means that if you click on the link and purchase the item, the affiliate will receive a commission.”
22. Governing Law
These terms of service shall be exclusively governed by the laws of the state of Maharashtra, India and any dispute arising from this agreement shall be exclusively brought to the courts of the Pune district court.
23. Terms History
Last Modified: May 23, 2023
Created: July 1, 2016