These Terms and Conditions set forth the terms and conditions under which the Partner will promote Creatsy's products in the public space, including in particular the Partner's websites, the Partner's social media profiles and others (hereinafter: "Affiliate Program").
By joining the Affiliate Program, as described in Section III. III, the Affiliate declares that he/she has read and agrees to these Terms and Conditions, as well as has read: Creatsy.com Terms of Service, Creatsy.com Privacy Policy, Cookies Policy, License Agreements.
These Terms and Conditions and the other documents mentioned in Paragraph 2 are the exclusive source of the obligations and conditions related to participation in the Affiliate Program and supersede any other agreements between the Parties in this regard.
For the purposes of these regulations, the following definitions are adopted:
Regulations - this document;
Creatsy - Creatsy sp. z o.o., seated in Poland, Katowice (40-282), Ignacego Paderewskiego 53/2, entered in the Register of Entrepreneurs kept by the District Court of Katowice-Wschód in Katowice under KRS number: 0000980555, REGON: 522501726, NIP: 9542842510, share capital: PLN 20,000;
Affiliate Program - a program regulated herein under which an Affiliate will promote products included in Creatsy's commercial offer, in exchange for agreed remuneration, under the terms and conditions set forth herein;
Partner/Affiliate - an individual, of legal age according to the jurisdiction of the country in which he/she resides, a legal entity or an unincorporated organizational unit, who has joined the program in the manner specified in Section III, and whose application has been accepted by Creatsy;
Affiliate Account - an individually allocated functionality of Creatsy's service for the Affiliate, allowing in particular: (i) completing, deleting, correcting personal data; (ii) submitting a withdrawal request; (iii) viewing orders placed by the Customer using the Affiliate's referral link; (iv) access to: statistics, information on orders placed by Customers acquired by the Partner, commission balances;
Affiliate Agreement - an agreement concerning the Affiliate's accession to the Affiliate Program, concluded between Creatsy and the Affiliate in electronic form in the manner specified in Section III of the Terms and Conditions,
Referral Link - an individual link for each Affiliate, available to the Affiliate in the Affiliate Account, allowing Creatsy to determine whether a Customer has made a purchase on Creatsy's website due to the Affiliate's referral.
Creatsy website / Creatsy service - website available at: www.creatsy.com
Work - a project placed on the Creatsy Service, which is part of Creatsy's commercial offer;
Customer - a person who purchases products available on Creatsy's website, using a Referral Link;
New Customer - A customer who has made his first purchase through Creatsy's website;
Returning Customer - A customer who has made another purchase through Creatsy's website.
Individuals and legal entities with full legal capacity have the right to participate in the Affiliate Program.
Creatsy reserves the right to select and verify Partners who could participate in the Affiliate Program.
Conditions for participation in the program:
To join the Affiliate Program, an individual must be of legal age, according to the jurisdiction of the country in which he or she resides.
Accounts registered by bots or other automated solutions cannot participate in the Affiliate Program.
Once the Affiliate functionality has been made available to the Affiliate, it is necessary to complete all the required data, in particular the full name, a valid email address and any other information necessary to complete the registration process, including the data necessary for the withdrawal of funds.
Completion of the missing data is a prerequisite for the withdrawal of accumulated funds.
Affiliate account can be used only by the person who created it. Sharing login credentials in the Affiliate Program is prohibited.
It is the Partner's responsibility to maintain the account and protect the confidentiality of the password. Creatsy is not responsible for damages resulting from failure to protect the confidentiality of login information in a proper manner.
It is forbidden to use the Affiliate Program in a manner or for purposes that are contrary to applicable laws and rules of social intercourse.
The course of the registration process:
logging on to https://creatsy.com/user/affiliation,
Completing and sending the application form,
Acceptance of the application by Creatsy and provision of Affiliate functionality to the Partner,
Completion of missing data, including, in particular, data necessary for the disbursement of funds. The affiliate has the right to edit the data until the application for disbursement of funds is submitted.
Creatsy reserves the right to refuse to grant Partner status without giving any reason. In such case, the person applying for Partner status shall not be entitled to any claims against Creatsy.
The Affiliate is obliged to provide complete, reliable and truthful data, including, in particular, the data required for withdrawal of funds. All consequences resulting from failure to comply with the above obligation shall be borne by the Affiliate. In particular, the Affiliate acknowledges that providing incomplete or false data may be the basis for Creatsy's refusal to pay out funds, as well as may cause tax problems in the Affiliate's country of residence.
The affiliate is fully and solely responsible for the completeness and truthfulness of the data provided in the registration process. In the event that due to the incompleteness, unreliability or untruthfulness of the data, Creatsy will not be able to fulfill its obligation, Creatsy is released from any liability for this.
Creatsy reserves the right to request confirmation of the veracity of the data provided by sending copies of the relevant registration documents of the legal entity/confirming the identity of the individual.
The Affiliate is obliged to immediately inform Creatsy about changes to any data provided during the registration process, as well as those completed later. The information about the changes should be entered by editing the data using the relevant functionality of the Affiliate Account. In case of failure to comply with the above obligation, Creatsy reserves the right to withhold or refuse to pay commissions until the Partner provides updated data, enabling the payment of funds.
Referral of Creatsy's services is made by the Affiliate providing the potential client with a Referral Link.
The transmission of the Referral Link by the Affiliate can be done in any way, in particular by: sending in an e-mail message, sending in an SMS message, publishing on social networks (e.g. "Facebook"), publishing on a website, blog, etc.
When the Referral Link is clicked, a cookie is placed in the prospective customer's web browser, if their system allows it, identifying the Partner who recommended Creatsy's products.
The cookie activity period referred to in paragraph 3 is 30 days. This means that when a potential Customer opens Creatsy's website through a Referral Link, any purchases made by that Customer within 30 days of the first opening of Creatsy's website will be attributed to the Affiliate, provided that:
The customer is logged in or, after opening the site, registers and logs in from the same browser where the cookie was placed;
Purchases are made from the same browser where the cookie was placed.
The first purchase made by a Customer will be considered a purchase from a New Customer, and any subsequent purchases will be considered purchases from a Returning Customer.
The purchase made by the Customer using the Referral Link will be assigned to the Affiliate and will be visible in his/her Affiliate Account.
The purchase will not be assigned to the Partner in case the Customer registered for Creatsy or made the purchase from a different browser or device than the one where the cookie was placed, as well as in case the system used by the Customer does not allow the placement of the cookie, subject to paragraph 8.
The purchase will be assigned to the Partner in case the Customer, using the Referral Link, registered with Creatsy, but later, during the period referred to in paragraph 4, made a purchase from another device or another browser, using the previously established account.
By participating in the Affiliate Program and using the content and materials provided by Creatsy, the Affiliate agrees to:
refrain from actions that may be considered acts of unfair competition as defined by law,
refrain from activities that may bear the appearance of sending unsolicited commercial information,
formulate all information regarding Creatsy's offer in a way that leaves no doubt that the information comes from the Partner,
refrain from any actions that may damage the reputation and good name of Creatsy and its business partners, including in particular the creators of the Works in Creatsy's commercial offer.
Prohibited:
publication by the Partner of content prohibited by generally applicable laws, in particular, pornographic content, content related to the promotion of violence and hatred, as well as content generally considered offensive, offending religious feelings, violating copyrights or the rights of others, the sharing of which is not allowed;
posting by the Affiliate of a Referral Link or any information regarding Creatsy's offer on websites, social media accounts, blogs or any other online space containing content or images prohibited by generally applicable laws, in particular, pornographic content, content related to the propagation of violence and hatred, as well as content generally considered offensive, offending religious feelings, violating copyrights or the rights of others, the sharing of which is not allowed;
Promoting the Referral Link in comments, forums and other places in a manner inconsistent with the rules of such place;
Use of any other action leading to an artificial or unfair, including illegal, these Regulations or rules of social intercourse, increase of its remuneration;
Use of unauthorized promotional techniques by the Partner, in particular, sending spam - a message, addressed to a recipient who has not given prior consent to receive this message;
Making the Customer's ability to use the Referral Link contingent on performing other actions not related to Creatsy's offer;
Using other types of pushy or aggressive promotion;
Modifying the Referral Link by changing its functionality.
Creatsy is entitled to raise objections to the Partner regarding the Partner's method of acquiring Customers. The Partner is obliged to take Creatsy's comments into account and comply with the guidelines received.
As part of the Affiliate Program, the Affiliate will be entitled to remuneration for each order placed by the Customer, using the Referral Link, under the terms and conditions specified in Section IV.
The Partner's remuneration will be calculated as the product of the value of the order placed by the Customer and the commission in the following amount:
15% of the net order value placed by the New Customer
10% of the net order value placed by the Returning Customer.
The remuneration specified in paragraph 2 includes all costs and expenses related to the Partner's participation in the Affiliate Program. Creatsy is not obliged to reimburse the Affiliate for any costs or expenses incurred in connection with participation in the Affiliate Program.
The Partner's remuneration is accumulated in the Partner's account in the form of funds for withdrawal. The Partner is entitled to a constant view of the accumulated funds, with the proviso that their value may be updated in arrears, with a maximum of 7 days from the date of placing and paying the order by the Customer.
The minimum amount of accumulated funds that an Affiliate can withdraw is $25.
Creatsy reserves the right to withhold the payment of remuneration due to the Partner or to refuse to pay it in the case of obtaining information that the Customers assigned to the Partner have been acquired through illegal actions, provisions of these Regulations or as a result of too aggressive or contrary to good manners or rules of social coexistence marketing.
Creatsy reserves the right to withhold or refuse to pay the remuneration due to the Partner in case the Partner provides incomplete or false data required in the registration process, in particular, data necessary for the payment of funds to the Partner.
Withdrawal of accumulated funds is made via the Stripe payment platform, which allows withdrawal to the Partner's designated bank account or to the Partner's account on the Stripe platform. Depending on the withdrawal method, additional fees may be charged.
The Partner can use the accumulated funds in the following ways:
auto payout,
one time payout,
Selection of the payment method from among the variants referred to in Paragraph 9 (a) and (b) is possible through the corresponding Affiliate Account functionality, which becomes active after the Affiliate completes the data referred to in Paragraph III (4) (d).
If the Partner chooses the auto payout option, Creatsy will pay the Partner all the funds accumulated by the Partner in a given calendar month, subject to paragraph 5, without a separate request from the Partner, by the 7th day of the following calendar month.
If the Partner chooses the one time payout option, Creatsy will pay the Partner at one time, at the Partner's request: all funds accumulated by the Partner or the amount of funds specified by the Partner, subject to paragraph 5, by the 7th day of the following calendar month.
Creatsy pays the Partner the funds collected, after deducting the public dues required under the applicable laws. The Partner has the option to settle the tax collected by Creatsy in the country of residence; the information and data necessary for tax settlement will be provided to the Partner electronically.
When participating in the Affiliate Program, the Affiliate acts solely in its own name and on its own behalf, in particular, the Affiliate is not authorized to take any actions, including incurring obligations, in the name and on behalf of Creatsy, as well as to make any statements of will and knowledge on behalf of Creatsy.
Creatsy reserves the right at any time, at its discretion, to discontinue the sale of works on offer at Creatsy, to withdraw selected works from the offer, to cancel orders.
Creatsy is not responsible for errors in the functioning of the tools provided to the Affiliate (in particular, the Affiliate Account) and for the consequences of their use by the Affiliate:
result from unauthorized access,
have arisen as a result of changes made by the Partner or a third party, and which have not been authorized by Creatsy;
arose as a result of Internet network dysfunction or software related to affiliate link management;
Are the result of a failure caused by the Partner;
arisen due to the omission of the Partner's ID for reasons beyond Creatsy's control (e.g., incorrect reading of scripts due to incompatibility of the Internet browser, deletion of the cookie by the Customer);
arisen as a result of the Customer's failure to use cookie technology or other actions of the Customer affecting the ability to verify whether an order was placed as a result of the Partner's actions.
Creatsy is not responsible for the Affiliate's use of the Affiliate Account functionalities provided, as well as the Referral Link.
Creatsy shall not be liable to the non-consumer Partner for lost profits and shall only be liable up to the limits of actual losses incurred by the Partner. Creatsy's liability to the non-consumer Partner is limited to the amount of USD 100 (one hundred).
The limitations of liability indicated in paragraph 5 shall not apply to damages caused by Creatsy's willful misconduct, nor shall they apply to the extent that they are prohibited under applicable law.
Creatsy is not responsible for any consequences resulting from malfunctions in the payment systems.
Creatsy shall not be liable for non-performance or improper performance of its obligations due to force majeure. Force majeure shall mean an event beyond Creatsy's control, external, impossible to foresee and prevent even with the exercise of utmost diligence, which occurs after the effective date of the Affiliate Agreement, or before the Affiliate Agreement, but during the Affiliate Agreement causes an impact on its performance, such as war, terrorist attack, fire, flood, earthquake, epidemics or strikes.
Creatsy service is provided on an "as is" basis, i.e. it is available in the current version which may contain defects and there is no better alternative version, therefore Creatsy does not provide any guarantee for the services provided, including quality guarantee.
Creatsy does not guarantee that the content of the Creatsy Service will be free from defects, in particular inactive links, inaccuracies or typographical errors.
Creatsy reserves the right to temporarily not provide services if the provision of services is not possible due to fortuitous events beyond Creatsy's control (e.g. fire, flood, war, strike).
All actions taken by the Partner within the framework of the Affiliate Program should be in accordance with the applicable laws and good morals. Creatsy is not responsible for the content published by the Partner.
The Partner shall bear full responsibility for the published content, in particular with regard to copyrights, use of images of persons, trademarks, and compliance of the presented content with applicable laws, including laws on competition and consumer protection and gambling regulations.
Creatsy's website and all materials and information contained therein, in particular works, texts, navigation solutions, selection and arrangement of presentable content, logos, graphic elements, trademarks, are the subject of Creatsy's or third parties' exclusive rights and are works within the meaning of copyright law and are protected under the provisions of copyright law, industrial property rights, personal rights and other intellectual property rights.
The use of the contents of the Website for purposes that are not expressly permitted in these Terms of Service is prohibited.
Subject to the following paragraphs, it is forbidden for the Partner to use any graphic elements that are the subject of Creatsy's or third parties' rights, except with Creatsy's prior written consent.
The Partner may use the content posted on the Creatsy Website for informational purposes only (to inform about Creatsy's offer), with the proviso that each use requires the posting of an appropriate notice, indicating, as the case may be, that the content is the subject of Creatsy's copyright (bearing the Creatsy logo) or that of another third party, or the posting of a link to Creatsy's website.
For the purpose referred to in paragraph 4, Creatsy grants to the Partner a royalty-free non-exclusive license to use the content (including Works) made available on the Creatsy website, in the form in which they were placed on the Creatsy website, by placing them on information networks such as the Internet, digital reproduction, public display, under the terms and conditions specified in this paragraph. The license is granted for the period of the Partner's participation in the Affiliate Program and expires upon termination of the Partner Agreement.
Use of the Works and other content made available on the Creatsy Service in a manner other than specified in paragraph 5, and in particular editing, creating derivative works, modifying, distributing, copying, transmitting, requires obtaining a separate license.
The license referred to in paragraph 5 includes the right to use, in the manner specified therein, Creatsy's trademark.
Partner is not authorized to copy, modify, reproduce, distribute or download in whole or in part the content of Creatsy Service,.
To the extent not regulated in this section, the provisions of the Regulations of Creatsy.com. and the other documents referred to in Section I, paragraph 2 shall apply.
Creatsy informs the Partner who is an individual that it is the controller of his personal data.
Creatsy can be contacted about data protection issues via e-mail address: info@creatsy.com or the mailing address indicated in Section II, paragraph 2.
Provision of personal data by the Partner is voluntary, but necessary to participate in the Affiliate Program.
The Administrator shall take all necessary measures to protect the Affiliate's data and any other data entered by the Affiliate into Creatsy, through the Affiliate Account.
The Partner's personal data will be processed:
for the purpose of concluding and executing a contract the subject of which is the Partner's participation in the Affiliate Program - the legal basis for data processing is the necessity to execute the contract to which the Partner is a party (Article 6(1)(b) GDPR),
for the purpose of accounting and bookkeeping services - the legal basis for processing is the necessity to fulfill the administrator's legal obligations (Article 6(1)(c) of the DPA) under tax and accounting regulations;
for internal administrative purposes of the administrator - the legal basis for data processing is the administrator's legitimate interest (Article 6(1)(f) GDPR) in the efficient management of the administrator's business;
for the purpose of establishing or asserting potential claims or defending against such claims by the Administrator - the legal basis for data processing is the Administrator's legitimate interest (Article 6(1)(f) GDPR) in defending its business interests,
Personal data will be processed for the period during which the Partner participates in the Affiliate Program, and in the case of data processing based on the administrator's legitimate interest - until the Partner submits an effective objection to the processing of personal data. The processing period may be extended each time by the period of the statute of limitations for claims, if the processing of personal data will be necessary for the administrator to establish or assert possible claims or defend against such claims. After this period, data will be processed only to the extent required by law.
The Partner's submission of the completed registration form is tantamount to:
confirmation by the Partner of the authenticity and accuracy of the data entered on the form,
a statement that the Affiliate has accepted these Terms and Conditions and that it has been informed of its rights with respect to the processing of personal data.
Personal data may be transferred to entities providing services to the Administrator, payment operators, as well as providers of IT systems and services.
The Partner has the right to access the content of its data and the right to obtain a copy of it, to request rectification, deletion, restriction of processing, and the right to data portability. In cases where personal data is processed on the basis of a legitimate interest of the controller, the Partner has the right to object to the processing of the data, due to his/her particular situation.
The controller will not make automated decisions based on personal data, including decisions resulting from profiling.
The Administrator may transfer personal data to third countries, i.e. countries outside the European Economic Area. Your data may be transferred only to third countries or entities for which an adequate level of data protection has been established by a decision of the European Commission.
If the Administrator is found to be processing personal data in violation of the law, the User has the right to lodge a complaint with a supervisory authority dealing with personal data protection - in particular, in the EU member state of the Partner's habitual residence, place of work or place where the alleged violation was committed. In Poland, such supervisory authority is the President of the Office for Personal Data Protection.
The rights described in this section can be exercised by contacting the administrator in writing or by e-mail at the addresses indicated in paragraph 2.
Detailed rules for the processing of personal data are set out in the Service's Privacy Policy.
The Affiliate is entitled to resign from the Affiliate Program at any time by sending an appropriate statement to the email address: info@creatsy.com. Sending the aforementioned statement in the manner indicated above is equivalent to termination of the Affiliate Agreement as of the moment of delivery of this statement to Creatsy in such a way that Creatsy may become acquainted with its contents.
Creatsy shall be entitled to terminate the Affiliate Agreement with 30 days' notice to the Affiliate, subject to paragraph 3. The termination shall be submitted by sending an email to the Affiliate's email address provided in the Affiliate Account.
In case of Partner's violation of the provisions of the Terms of Use, and in particular the obligations set forth in Section III, Section IV, paragraphs 8 and 9, Section VI, paragraphs 7 and 8, Creatsy is entitled to terminate the Affiliate Agreement with immediate effect and exclude the Partner from the Affiliate Program, of which the Partner will be informed by sending a message to his/her email address indicated by the Partner in the Affiliate Account.
Upon termination of the Affiliate Agreement, the Affiliate retains the right to remuneration for the Referral of Services in the amount of funds accumulated in his Affiliate Account, which will be paid to the Affiliate within the timeframe specified in Section V, paragraph 11, subject to Section V, paragraph 5 and Section V, paragraph 10, sentence 2.
No commission is due to the Partner if the Customer places an order, after the end of the contract period.
The Partner has the right to raise objections to participation in the Affiliate Program in the form of complaints.
Complaints can be submitted in writing, by sending the complaint to Creatsy's mailing address specified in Section II, paragraph 2, or electronically to: info@creatsy.com.
In order to process the complaint efficiently, it is recommended that the Partner indicate in the complaint such information as, in particular: a description of the matter to which the complaint relates, and his electronic mail address (e-mail address) to which the response is to be sent.
If the data or information provided in the complaint needs to be supplemented, Creatsy, before considering the complaint, may ask the Partner to supplement it, indicating the scope of supplementation.
Within 14 working days from the date of its receipt, Creatsy will consider the complaint and inform the Partner via e-mail about the manner of its consideration. The Partner's time to provide additional explanations may extend the period for processing the complaint.
If Creatsy negatively resolves the complaint, the Partner may exercise other rights or take legal action against Creatsy.
Creatsy shall have the right to amend these Terms and Conditions for important reasons, which include, in particular: (i) change of generally applicable laws, (ii) such change will be required in accordance with the decision of the competent authority, (iii) change of the form of Creatsy's business, (iv) change of the amount or principles of calculating the commission due to the Partner, (v) such change will be dictated by reasons of a technical nature - e.g. change of the cookie validity period, expansion of the scope of the Affiliate Program.
Amendments to the Terms and Conditions shall become effective as of the date of their publication on Creatsy's website (in particular, by publishing the consolidated text of the Terms and Conditions containing the amendments), to the extent permitted by law.
Within 7 days after the Partner is notified of the changes to the Terms and Conditions, the Partner has the right to object to the changes. The objection should be submitted in writing to Creatsy's registered address or to the e-mail address: info@creatsy.com. Submitting an objection automatically terminates the Partner's participation in the Affiliate Program.
In case of non-acceptance of provisions of these Terms and Conditions the Partner is obliged to discontinue participation in the Affiliate Program. The Partner's further participation in the Affiliate Program after the amendments to the Terms of Use is tantamount to the Partner's confirmation that he has become familiar with the amendments to the Terms of Use and the Partner's submission of a statement of acceptance of all the amendments to the Terms of Use.
A Partner who does not accept the changes introduced in the Regulations is entitled to resign from the Affiliate Program with immediate effect.
In the event of a change in the Regulations, its new content will be announced on Creatsy.
The Affiliate is obliged to read the content of these Terms and Conditions and is bound by its provisions for the entire period of participation in the Affiliate Program.
The regulations are made available free of charge on Creatsy's website.
If any provision of the Regulations is declared invalid by a final court decision, the remaining provisions of the Regulations shall remain in effect.
The Affiliate Program is governed by the laws of the Republic of Poland and in all matters related to participation in the Affiliate Program the relevant provisions of the laws of the Republic of Poland shall apply.
All matters relating to the Works and the Affiliate Program and any disputes or claims arising out of or in connection with the Works or the Affiliate Program (in each case, including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Poland, without giving effect to any choice or conflict of law rules or principles, except to the extent prohibited by law. Any lawsuit, action or proceeding arising out of or relating to the Works or the Affiliate Program shall be instituted exclusively in the courts of Poland, with Creatsy reserving the right to bring suit, action or proceeding against the Affiliate for violation of these Terms and Conditions in the Affiliate's country of residence or any other relevant country. Partner waives any objection to the exercise of jurisdiction over it by such courts and to the local jurisdiction of such courts to the maximum extent permitted by Polish law.
The Partner who is a Consumer may use, among other things, the following out-of-court ways of handling complaints or claims:
The partner may apply to the permanent amicable consumer court operating under the Trade Inspection to resolve the resulting dispute,
The partner may apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between him and Creatsy,
A partner may obtain free assistance in resolving a dispute between him and Creatsy, using a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
The Terms and Conditions do not exclude or limit any rights of the Partner who is a Consumer, which he is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and mandatory provisions of law granting rights to Consumers, the mandatory provisions of law shall prevail.
The provisions of the Regulations relating to Consumers shall apply mutatis mutandis to an individual concluding a contract with Creatsy directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity - in the case of such a person, the jurisdiction of the court shall be considered under the general rules.
If the Regulations are also drawn up in a language version other than the English version, the English version shall be binding in case of discrepancies between the different language versions.
The regulations come into force on 01.10.2024.