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Terms & Conditions
Creativyst Associates Program
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Terms and Conditions of the Creativyst Associates Program (CAP™):
It costs nothing to be an associate.
The program costs are zero. You are not asked to give credit card
information at registration.
Payment amounts are documented in the associate's product list.
We deduct the transaction processing cost (around 4-5% at this time),
COGS (zero for downloaded software), shipping and handling costs (zero
for downloaded software), and administration costs/charges (about $1.70
currently). We then share a percentage of the remainder with the
associate who referred the sale (currently around 50%). Associates
may view a dynamic report listing each product and showing the amount
associates earn for each sale of an item. Associates will earn the amount
that is accessible on the associate product report at the time the item
is sold (give or take a few minutes for processes to be updated).
Associates are paid quarterly
An associate is paid at the end of each calendar quarter for all sales
registered to that associate in the quarter. Quarters end at the end
of March, June, September, and December. Checks are written and
sent out in the months following each of these months (April, July,
October, and January). It is the associate's responsibility to
maintain a correct mailing address. Accounts are charged $50.00US
for each returned check. Accounts that have had no checks reach
their destination in three quarters are closed and charged with
any proceeds remaining in them.
Associates must sell an Initial Minimum of three units
There is an initial minimum of three units that you must sell before you
are paid the first time. This is a ONE TIME minimum. Once you've sold
three of a given product, you will be paid for them and for all others
you sell in the future as you sell them.
In the quarter that you register your third sale of the product, you
will receive a check for your share of those three sales along with any
other sales you made in that quarter.
You must sell the initial three within 16 months to get paid. If you do
not sell the initial three within the 16 month time allowed, no sales
will be registered to you and you will not be paid for them. Again,
once you've achieved the initial minimum, you will be paid for each
additional item as you sell it.
Transactions are registered as sales when we receive the revenue.
Upon selling the initial three-unit minimum, a sale is registered on
the date we receive the revenue for it from our transaction
processor. This is usually about one month after the transaction in
order to allow the transaction processor to escrow transactions.
Whatever quarter the revenue is received by us, is the quarter in
which a sale is registered as a sale to the associate. In the case
of an initial minimum first being met, the sale of all three units is
registered on the day the revenue for the third unit is received. A
check is written to the associate for the sale at the end of
the quarter in which the sales are registered provided the initial
minimum has been met.
Associates refer buyers through our associate gateway (ga.pl)
Associates produce links to our product pages through a CGI program
at creativyst.com. The gateway program takes a parameter for the
URL, the associate number, and a product number. There are
instructions for using this software here. It is the associate's
responsibility to insure he or she is using this CGI software properly.
An associate's connection to the visitor is usually maintained.
The gateway program associates use to link their visitors to our
site maintains a reference to the associate for the visitor in
most situations including:
1. If the visitor clicks on other static links within Creativyst.com
the reference to the associate will be maintained, thereby
insuring the associate gets credit for any sale made.
2. Links to ga.pl, the gateway program at our site, such as may be
found in examples, product help pages, or copyright banners, will
have their parameters replaced with references to the associate.
when the visitor accesses them.
3. If the visitor leaves Creativyst.com and then returns using the
back button or the drop down history the reference to the
associate will be maintained.
4. If the visitor uses his or her browser's 'favorites' or
'bookmarks' facility to save any of the static pages that s/he's
visited at Creativyst.com, and then returns via that entry (in his/her
favorites or bookmarks section) a week, a month, UP TO six months
later, the connection to the associate will be maintained and
properly credited for purchases. Visit records may be purged after
six months.
5. If the visitor has saved a link to Creativyst.com in bookmarks or
favorites, then upgrades or changes browsers and imports the link
to Creativyst.com from the old browser, clicking on the imported
link will bring the visitor back to Creativyst.com with the
reference to the associate intact for UP TO six months
However...
There are some situations in which reference to the associate is lost.
For example, when visitors type our URL in their browser's location bar
to navigate to the Creativyst.com site, there will be no reference
to any associate.
Also, some facilities at our site use dynamic CGI programs. At this
time, many of these do not carry the associate reference back into the
site. However, in most cases the user is taken to a separate pop-up
window when using these CGI programs, which means he or she will
generally close the window to be returned to the main window where the
link to the associate still exists.
Here are some examples of situations when a link to an associate will be
lost. Efforts are always underway to reduce the number of situations
where the link to an associate is not passed on. As improvements
are made, we will make note of it here.
1. When another associate uses your link to get to our site and
then enters his/her associate account number and password on the
purchase page, that associate (not you) is credited with the
sale. Conversely, if you use another associate's link to
get to our site and then enter your own number and password
at the purchase page, you (not the other associate) will
be credited with the sale.
2. The Forums - These currently allow users to click on
a menu that takes them back into the main site. That link
does not pass now passes on the associate reference.
at this time.
3. Adding to issue lists - Normally, the visitor will hit the back
button to return from this facility. In the future, a
reference to the home page may be placed which will need
to be upgraded to pass on associate information. Associate
information WILL be passed along when a user BROWSES the
issue lists, since these are static HTML pages. For now
the ADD facility will be designed as a pop-up window to
minimize the chances of losing the associate.
4. The glossary of terms is presented as a pop-up window that
the user will normally keep around to use as a glossary or
shut down to go back to the main site where connections to
the associate are maintained. There are ways a visitor can use
this glossary to link back to the home page without passing
on the associate information though.
5. Static pages within private (secure) areas of our web site
do not normally track visitors for obvious reasons. Many secure
areas concerning customer commerce however, such as product
download pages, do continue to track the associate referral.
Associates are required to conduct themselves professionally
Associates are required to conduct themselves with integrity, in a
professional manner. For example.
1. Associates must not instruct referred visitors to configure packages
to reference their associate number.
2. Associates should not attempt to hide our associates program
from others without special consideration from Creativyst, Inc.
3. Associates who install packages for clients and who wish to set
the click-through links in those packages to credit them must
fully disclose this practice to each client and must offer the
client the option to decline such settings.
4. Associates are expected to agree to and comply with all requirements
and limitations of this associates agreement.
5. Associates are expected to treat their customers courteously and with
competence.
6. Those who deal in pornography, slavery, illicit drugs, or
terrorist contraband are not welcome to become associates in this
program.
Associates are responsible for the security of their accounts
An associate's login and password combination must not be given out
or permitted to be discovered by others. Associate accounts that
are used in attempts to subvert the security or privacy of others
on the server may be placed in "lock down" status.
Associate accounts that have been locked down will not be
credited for referrals while in lock down status. Associate
accounts that have been placed in security lock down may be
terminated immediately at the sole discretion of Creativyst, Inc.
and without notice.
Associates must reimburse Creativyst, Inc. for warranty returns
Creativyst, Inc. offers a 30 day, 100% satisfaction guaranty for all of
it's software products. Associate accounts are charged for amounts that
were previously paid to them if the associated product sales are
subsequently returned for credit. If there are insufficient funds in an
associate's account to cover their share of a product return, the
associate will owe those amounts remaining, and is required to pay
Creativyst, Inc. upon being notified of the return.
Creativyst, Inc. may end its relationship with associates for any reason
Creativyst, Inc. may discontinue its relationship with an associate at any
time and for any reason. Creativyst, Inc. is not obligated to disclose the
reason. Creativyst Inc. is not obligated to notify the associate beyond
making a single attempt to send an email notification to the email address
provided by the associate and on file at Creativyst, Inc. Once a
relationship with an associate has been terminated, new sales made
through the associate links will stop being credited to the associate
after two weeks. IT IS THE ASSOCIATE'S RESPONSIBILITY TO KNOW WHEN HE
OR SHE IS CANCELED, either by reception of the single email notification
or by regularly checking his or her account status at the associate log
in area.
Associates may end their relationship with Creativyst for any reason
Associates may discontinue ("end", "terminate") their relationship with
Creativyst, Inc. at any time and for any reason. An associate may end his
or her relationship with Creativyst implicitly, or explicitly. To end
their relationship explicitly, associates must log in and check the
"terminate associate relationship" box and submit the form. The
associate will be asked to confirm this, and once confirmed, no other
transactions will be credited to the associate.
To end its relationship implicitly, an associate stops referring buyers to
our site. This is accomplished by removing the links to our associate
gateway (ga.pl). In the case of Creativyst.com applications that the
associate continues to use at his or her site, the links to the gateway on
the copyright lines must be replaced with static links to Creativyst.com.
Also, note, in cases where associates implicitly end their relationship
with Creativyst Inc, the associates may continue to receive revenue
checks from referred buyers who had stored their links in their bookmark
or favorites sections. Creativyst, Inc. may explicitly cancel accounts,
including such accounts that may have been implicitly terminated by the
associate. Once a relationship with an associate has been explicitly
terminated in this way, new sales made through the associate links will
stop being credited to the associate after two weeks. IT IS THE
ASSOCIATE'S RESPONSIBILITY TO KNOW WHEN HE OR SHE HAS BEEN TERMINATED.
Creativyst, Inc. may change these terms without notifying associates.
Creativyst reserves the right to change these terms without prior notice
to associates. Changes will be published here when they take effect.
Associates agree to accept any changes in these terms and agree it is
their responsibility to stay advised of any changes. Associates who
do not agree with any changes in terms may explicitly terminate their
relationship with Creativyst, Inc. according to the current terms
provided they do so within thirty (30) days of the new terms taking
effect.
Prices, the amount deducted for expenses, and the amount of profit
shared with associates after expenses, are set at the sole discretion
of Creativyst, Inc. and may change without prior notice. The
actual amounts published on the associate/product pages at the time
of the transaction are the official amounts used.
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Note: You must signify that you are over the age of 16 and that you
agree to the Terms and conditions of the program before we can proceed
with your application.
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© Copyright 2001 - 2002, Creativyst, Inc.
(last update: 30 April 2002)
All Rights Reserved