Terms of Service

This page explains the terms by which you may participate as a Affiliate of the Service. By creating an account or accessing or using the Service, you agree you have read, understood, and agree to be bound by the terms and conditions of the Site Terms of Service, Affiliate Agreement, Shop Owner Agreement, and all License Terms ("License"), as applicable, which constitute a binding agreement between us, and also acknowledge that the collection and use of your information will be as set forth in our privacy policy or privacy statement (the "Privacy Statement"), whether or not you are a registered user of the Service. If you become a Affiliate on behalf of an organization or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

This Affiliate Agreement (the "Affiliate Agreement") is entered into as of the date (the "Effective Date") the party whose name is set forth below (the "Affiliate") accepts its terms and conditions by creating an account and is by and between Creative Market Labs, Inc. ("Creative Market"), a Delaware corporation, and the Affiliate.

WHEREAS Creative Market provides an online marketplace service which enables its customers to buy and sell pre-made design content from independent creators around the world, as well as a design asset subscription site that offers varying levels of access to content downloads, and Affiliate operates the websites set forth below. The Parties desire to enter into this Affiliate Agreement to set forth the terms and conditions under which Affiliate will promote Creative Market’s products and services on Affiliate’s Site(s). The products and services are those hosted in creativemarket.com and pro.creativemarket.com. Creative Market may terminate its affiliate program at any time. Additionally, Creative Market may impose additional requirements and conditions, modify the payment amounts, or otherwise modify this Affiliate Agreement by posting an update on the Creative Market’s Site.

The Parties agree to the following:

  1. Definitions. For purposes of this Affiliate Agreement, the following terms will have the indicated definitions:
    1. "Content" means all materials comprising a Party’s Site, including, but not limited to, any images, photographs, illustrations, graphics, audio clips, video clips or text, and Marks.
    2. "Creative Market’s Sites" means the Creative Market website located at creativemarket.com and Creative Market Pro website located at pro.creativemarket.com 
    3. "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
    4. "Marks" means all trademarks, service marks, trade names, logos, words or symbols identifying either Party or either Party’s respective products or services. Party or Parties means Creative Market and/or Affiliate. Creative Market’s Marks include “Creative Market” and “Creative Market Pro.”
    5. "Qualified Customers" means persons who purchase any products or services from Creative Market who are referred to Creative Market’s Sites by Affiliate via Links from the Affiliate’s Site(s).
    6. "Qualified Subscribers" means persons who sign up for a paid Creative Market Pro plan who are referred to Creative Market Pro by Affiliate via Links from the Affiliate’s Site(s). 
    7. "Affiliate’s Site(s)" means one or more websites or web services owned or controlled by the Affiliate, or upon which Affiliate has an account or membership, on which the Affiliate places a referral link (the "Links") to Creative Market’s Sites. Affiliate represents and warrants to Creative Market that it has sufficient right, title, interest, authority or permission, as applicable, to place Link(s), including an authorized referral code from Creative Market, on the Affiliate’s Site(s) as described herein.
  2. Trademark License Grant.
    1. Grant to Affiliate. Subject to the terms and conditions of this Affiliate Agreement, Creative Market grants to Affiliate a non-transferable, non-exclusive, revocable, license to use Creative Market’s Marks, including those of Creative Market Pro, solely for the purpose of fulfilling Affiliate’s obligations hereunder. All use of the Creative Market’s Marks inures to the benefit and goodwill of Creative Market.
    2. No Other Rights. Except as expressly provided herein, Affiliate and Creative Market agree to:
      1. Not use the other Party’s Marks without their prior written consent.
      2. Only use the other Party’s Marks in accordance with any trademark quality standards and usage guidelines as may be provided by such other Party.
      3. Upon termination of this Affiliate Agreement for any reason, immediately cease all use of the other Party’s Marks.
  3. Products and Services.
    1. Control. Creative Market reserve the right at any time without liability or prior notice to:
      1. Determine the contents of its websites, products and services, including specifications, features, and functions, as well as any documentation or related materials.
      2. Discontinue distribution of any or all its products and services in some or all markets or through some or all channels of distribution.
      3. Change or terminate any of its features, or functions of their products and services.
      4. Change or terminate the level or type of support or service that it makes available for its products and services at any time and without notice. Creative Market may cancel any orders for discontinued products or services without liability.
    2. Service Support. Neither Party is responsible to the other Party for any customer service support for purchases and fulfillment of the other Party’s products and services including but not limited to, providing qualified personnel to receive customer inquiries.
  4. Compensation.
    1. Commission. Creative Market will pay Affiliate a commission, provided that you remain an active Affiliate as of the payment date, equal to: 
      1. Creative Market Marketplace: 10% of the price actually paid by a Qualified Customer, excluding any refunds and/or taxes, for each sale that is not an Excluded Sale (as defined below) of any Creative Market products to Qualified Customers that occur within one (1) year from the day they sign up for a Creative Market account having followed the Affiliate’s referral Link.
      2. Creative Market Pro: A variable amount of the price actually paid by a Qualified Subscriber, excluding any refunds and/or taxes, for each sale that is not an Excluded Sale (as defined below) of any paid Creative Market Pro plan to Qualified Subscribers that occur within one (1) year from the day they sign up for a Creative Market Pro paid plan having followed the Affiliate’s referral Link.  Your Affiliate earnings will be based on each plan’s base price and will not include for add-ons, or additional seats (e.g., enhanced license package.) The variable amount is defined and calculated every month based on the Qualified Subscriber’s current paid plan, and is currently calculated as follows:
        1. For the 10-Download plan ($49-$59 monthly), you’ll receive up to $60 per new subscriber, paid out evenly over 1 year ($5/month) unless the Qualified Subscriber cancels earlier.
        2. At the 24-Download level ($99 - $129 monthly), you’ll receive up to $120 per new subscriber, paid out evenly over 1 year ($10/ month) unless the Qualified Subscriber cancels earlier..
        3. For referrals to the Unlimited Download Pro Plan at $199 - $249 monthly, you’ll earn up $240 per new subscriber, paid out evenly over 1 year ($20/month) unless the Qualified Subscriber cancels earlier.
    2. Excluded Sale means a sale to a Qualified Customer or Qualified Subscriber that has:
      1. Followed links to the Creative Market Sites from other Creative Market affiliates after following Affiliate’s Link and before registering as a user on any of the Creative Market Sites.
      2. Used a different browser or computer to register as a Creative Market user than was used to follow Affiliate’s Link.
      3. Cleared his or her cookies after following a Link from Affiliate’s website.
      4. Canceled his or her Creative Market Pro paid subscription and resubscribes at a later time. You do not resume receiving earnings for that customer.
      5. Signed up for a Creative Market Pro (pro.creativemarket.com) paid plan after being accounted for as a Creative Market (creativemarket.com) referral for a given Affiliate. If you are an existing Creative Market Affiliate, you will not receive payments for past creativemarket.com referrals who go on to sign up for Pro. You can only receive earnings from one platform or the other for each new customer referred. Regardless of which platform the user’s clickthrough and referral came through, wherever the customer spends money first (a Marketplace purchase or a Pro subscription) will determine where your earnings come from for that customer.
    3. Taxes. Both Affiliate and Creative Market are responsible for payment of any/all of their respective taxes.
    4. Payment. Unless otherwise agreed by the parties in writing, Creative Market shall send requested payouts according to published timeframes, and in the method, you select during the payout setup process. Available payout methods are subject to change. Payout requests may only be made if the total amount due to you totals at least $20 and when payment has been requested. Unpaid amounts due shall accrue until the next month in which the amount due is at least $20. Creative Market reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or amounts due to any breach of these Terms by you, pending Creative Market's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information, and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment, you must notify Creative Market in writing within thirty (30) days of such payment. Failure to so notify Creative Market shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Creative Market. No other measurements or statistics of any kind shall be accepted by Creative Market or have any effect under these Terms. We may withhold any taxes or other amounts from payments due to you as required by law. To protect against the risk of liability, we may request that our payment service provider hold Affiliate funds based on certain factors, including, but not limited to, selling history, seller performance, the riskiness of the listing category, or the filing of a dispute claim. No payment will be owed in the event that Creative Market determines, in its discretion, that Affiliate has engaged, directly or indirectly in fraud or any other practices that are likely to harm the reputation of Creative Market.
  5. Ownership. Each Party retains all right, title and interest, including all Intellectual Property Rights, in and to (a) its Marks, Content and Site, and (b) any new inventions, developments or technology resulting from or in connection with the performance of such Party’s obligations hereunder. Except as expressly set forth in Section 2, each Party reserves all rights and grants the other Party no licenses of any kind hereunder.
  6. Term and Termination.
    1. Term. The term of this Affiliate Agreement shall commence on the Effective Date and end one (1) year from the Effective Date (the "Term") and the Term will automatically renew for consecutive one (1) year periods; provided that either Party may terminate this Affiliate agreement at any time with ten (10) days prior written notice.
    2. Termination for Cause. If either Party defaults in the performance of any material provision of this Affiliate Agreement, then the non-defaulting Party may terminate this Affiliate Agreement immediately.
    3. Termination for Insolvency and Related Events. This Affiliate Agreement shall terminate, without notice, (i) upon the institution by or against either Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of such Party’s debts, (ii) upon either Party’s making an assignment for the benefit of creditors, or (iii) upon either Party’s dissolution or ceasing to do business.
    4. Effect of Termination. Upon termination of this Affiliate Agreement, Affiliate will discontinue all further promotion of Creative Market’s products and services pursuant to this Affiliate Agreement. Without limiting the generality of the foregoing, Affiliate will cease all display, advertising, and use of all of Creative Market’s Marks and will not thereafter use, advertise, or display any such Marks unless otherwise agreed by Creative Market in writing.
    5. Survival of Certain Terms. The provisions of Section 1 and Sections 5-11 of this Affiliate Agreement shall survive the expiration or termination of this Affiliate Agreement for any reason. All other rights and obligations of the Parties shall cease upon termination of this Affiliate Agreement.
  7. Warranty. Affiliate represents, covenants, and warrants:
    1. It has the power to enter into and perform its obligations under this Agreement;
    2. The Affiliate Site(s) complies with all applicable laws and regulations and Affiliate shall not do anything or omit to do anything which would or may constitute a breach of any laws or regulations applicable to Affiliate in any jurisdiction (including all applicable rules and regulations relating to financial and/or markets or exchanges, investment services, marketing and advertising, privacy and data collection, and/or anti-bribery and anti-corruption);
    3. Affiliate shall not process any Personal Data from the Investopedia Site or the Links. "Personal Data" means any information that (a) can be used to identify, contact, or locate a specific individual (including, without limitation, name, address, telephone number, email address, payment card number, and government-issued identification number) or (b) can be used in conjunction with other personal or identifying information to identify or locate a specific individual, including, for example, a persistent identifier, such as a customer number held in a "cookie" or processor serial number; and
    4. Affiliate shall not engage in, procure, or encourage any third party to engage in, any activity or behavior which is illegal, is in bad faith, is not in the spirit of the terms of this Agreement.
  8. Warranty Disclaimer. CREATIVE MARKET’S PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS STATED IN ABOVE IN SECTION 7, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ITS PRODUCTS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PARTY WARRANTS THAT ITS PRODUCTS OR SERVICES WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, WILL MEET THE OTHER PARTY’S OR ANY CUSTOMERS’ REQUIREMENTS OR WILL COMPLY WITH APPLICABLE LAWS.
  9. Indemnity. Affiliate shall indemnify Creative Market and its officers, directors, employees, representatives, agents, successors, and permitted assigns, against all liabilities, costs, expenses, damages and losses, penalties and reasonable legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the other party arising out of or in connection with any breach of the representations or warranties contained in the Agreement.
  10. Limitation of Liability. EXCEPT WITH RESPECT TO BREACH OF SECTION 7 OR INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 9, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY, OR FROM NEGLIGENCE OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR FROM ANY DEFECT OR ERROR IN ITS PRODUCTS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CREATIVE MARKET ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AFFILIATE AGREEMENT EXCEED THE AMOUNTS PAID TO AFFILIATE UNDER THIS AFFILIATE AGREEMENT.
  11. General.
    1. Independent Contractor. Neither Party shall be deemed to be an agent of the other Party for any purpose, and the relationship between the Parties shall only be that of independent contractors. Neither Party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever.
    2. Governing Law and Jurisdiction. This Affiliate Agreement is governed and interpreted in accordance with the laws of the State of California, U.S.A. without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods. The Parties consent to the exclusive jurisdiction of, and venue in, Santa Clara County, California, U.S.A. for the adjudication of any disputes arising hereunder.
    3. Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE FILING PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS CREATIVE MARKET AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CREATIVE MARKET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 
    4. Assignment. Neither Party shall assign, delegate, or otherwise transfer its rights or obligations under this Affiliate Agreement, by operation of law or otherwise, without the prior written consent of the other Party (to be granted or withheld in its reasonable discretion); except that Creative Market may assign this Affiliate Agreement freely in connection with a merger, acquisition, sale of substantially all of its assets or stock, financing, reorganization, or similar transaction. This Affiliate Agreement will inure to the benefit of the Parties and their permitted successors and assigns.
    5. Merger, Modification and Waiver. This Affiliate Agreement constitutes the entire agreement between Creative Market and Affiliate with respect to the subject matter hereof, and merges all prior negotiations and drafts of the Parties with regard thereto. No modification of or amendment to this Affiliate Agreement, nor any waiver of any rights under this Affiliate Agreement shall be effective unless in writing. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.
    6. Severability. If any of the provisions of this Affiliate Agreement is held by a court of competent jurisdiction to be invalid or unenforceable under any applicable statute or rule of law, it shall be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions shall continue in full force and effect.

Last revised on February 20th, 2018.