Affiliate Agreement

THE AGREEMENT: This Affiliate Agreement (hereinafter called the “Agreement”) is provided by the following organization, hereinafter referred to as “Company”: Pixel Film Studios. Our primary website is located at the address listed above. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a lawyer’s assistance if you desire, because each of the terms of this Agreement are important to our working relationship.

Definitions

 

The parties referred to in this Agreement shall be defined as follows:

a) Company, Us, We: As we describe above, we’ll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.

b) You, the Affiliate: You will be referred to as the “Affiliate.” You’ll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.

c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as “Parties” or individually as “Party.”

d) Affiliate Program: The program we’ve set up for our affiliates as described in this Agreement.

e) Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.

f) Website: The primary website we’ve noted above will be referred to as Website.

 

ASSENT & ACCEPTANCE

By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.

AGE RESTRICTION

You must be at least 13 (thirteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.

NON-EXCLUSIVITY

This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.
 

AFFILIATE PROGRAM

After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).

Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.

Clicks: We will provide you with a specific link or links, personalized to you as an Affiliate, for your promotion (collectively, “Click Link”). The Click Link will be keyed to your identity and will send online users to the Company’s website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Click Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are prior approved by us and to display the Click Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the “Affiliate Site”).

No cookie stuffing: You agree not to use cookie “stuffing,” or other techniques which may incorporate a tracking code without specific knowledge of the online user.

All information which will be displayed on the Affiliate Site regarding the Company must be approved by us in writing prior to display.

Sales: We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the “Sales Link”). The Sales Link will be keyed to your identity and will send online users to the Company’s website or websites. You hereby agree to fully cooperate with us regarding the Sales Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Sales Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are prior approved by us and to display the Sales Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the “Affiliate Site”).

Each time a user clicks through the Link posted on the Affiliate Site and completes the sale of the product or service and we determine it is a Qualified Purchase, as described below, you will be eligible to receive the following percentage of the sale: 25% (twenty- five percent).

Reservation of Rights

All right, title, and interest in the Pixel Film Studios Products and any Intellectual Property Rights related thereto are retained by Pixel Film Studios, and all right, title, and interest in the Third Party Software and any Intellectual Property Rights related thereto are retained by the Third Party Software Provider. Copyrights in all Pixel Film Studios Products are owned by Pixel Film Studios or its licensors and are protected by applicable copyright laws. Pixel Film Studios’ trademarks and service marks, including “Pixel Film Studios,” may not be used or associated with Subscriber’s derivative products without Pixel Film Studios’ written consent.
 

Allegations of Copyright Infringement

If you believe that any Digital Media File or the work product of the Services and/or the Pixel Film Studios Software infringes your copyright, please notify us by providing the following information:
  1. Identify the copyrighted work you believe has been infringed and the material you allege is infringing the copyrighted work, being as specific as possible.
  2. Explain the action needed to remedy the infringement, such as adding an attribution statement or deleting specific elements.
  3. Provide your contact information, including your email address, name, telephone number, and physical address.
  4. Provide contact information for the alleged infringer if known.
  5. Include the following statement: “I have a good faith belief that the use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, its agent, or the law. I have taken fair use into consideration. I swear under penalty of perjury that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the owner of an exclusive right allegedly infringed.”
  6. Include your physical or electronic signature.
Submit your complaint, preferably by email, to support@pixelfilmstudios.com
 

Subscriber Representations and Warranties

  1. Subscriber represents that its use of the Pixel Film Studios Products will comply with all applicable laws, rules, and regulations, including export laws.
  2. Subscriber represents that it is not a citizen or located within an embargoed nation and is not otherwise prohibited under export laws from using any of the Pixel Film Studios Products.

Third Party Software

  1. Subscriber acknowledges that usage of the Pixel Film Studios Software is subject to the terms and conditions of the applicable Third Party Software Provider, in addition to these Terms of Service.
  2. Pixel Film Studios disclaims any warranty and liability with regard to the Third Party Software. In case of any suit, claim, damages, or liability related to Subscriber’s usage of the Third Party Software, Subscriber’s remedy shall be with the Third Party Software Provider.

Subscription Billing

  1. Use of the Pixel Film Studios Products is provided through subscription. Your subscription is effective for the period covered by your subscription fee as disclosed in the enrollment process and continues upon payment in advance of the renewal fee.
  2. Renewal fees for your subscription will be charged automatically at the then-current rate to the authorized billing source at the start of each billing cycle. You will be automatically charged for additional periods unless you notify us of your intention not to continue within 14 calendar days before the next billing cycle.
  3. You may cancel your subscription at any time by changing your settings in your account’s “My Account” page. Access to previously downloaded files will be revoked upon downgrading your account to a free plan.
  4. All membership sales are final, and no refunds or returns are given unless otherwise stated in our Refund Policy.

Refund Policy

You will be entitled to a refund only if you (1) cancel your subscription within 14 calendar days from the date of purchase or renewal and (2) have not downloaded any Pixel Film Studios Products during that period or used the Pixel Film Studios Software. This refund policy does not apply to free accounts.

File Storage

The Services include file storage, with the maximum amount determined by the level of subscription chosen during enrollment. For free subscriptions, file storage is available for 30 days from enrollment. Upgrading to a paid subscription within that period will maintain file storage according to the paid level of subscription. Failure to upgrade within 30 days will result in the deletion of files without notice.

Termination

Pixel Film Studios reserves the right to block or terminate Subscriber’s access to the Pixel Film Studios Products without notice if Subscriber violates any of these Terms of Service. Pixel Film Studios may also refuse to renew a subscription with or without prior notice.

Exclusion of Damages; Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: A) PIXEL FILM STUDIOS AND ANY THIRD PARTY SOFTWARE PROVIDER SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PIXEL FILM STUDIOS PRODUCT; AND B) THE AGGREGATE LIABILITY OF PIXEL FILM STUDIOS AND THE THIRD PARTY SOFTWARE PROVIDER SHALL BE STRICTLY LIMITED TO THE PURCHASE PRICE PAID BY SUBSCRIBER.

Indemnification

Subscriber agrees to defend, indemnify, and hold harmless Pixel Film Studios, its directors, officers, employees, agents, and assigns, from any and all liability, damages, losses, claims, demands, actions, causes of action, or costs (including attorneys’ fees and expenses) arising out of or resulting from: a) Subscriber’s use of any Pixel Film Studios Product; b) breach of these Terms of Service by Subscriber or its directors, officers, employees, contractors, or agents; or c) any negligent or intentional act or omission by Subscriber.

No Warranty; Transfer Limitations; Audit Rights

We may share your personal information with the following recipients:
  1. The Pixel Film Studios Products are provided “AS IS.” Pixel Film Studios makes no warranty as to their use or performance, including image quality or compatibility with hardware, software, or operating systems. Pixel Film Studios disclaims all warranties, express or implied, including non-infringement, merchantability, and fitness for a particular purpose.
  2. Subscriber acknowledges that usage and access to the Pixel Film Studios Products may be limited or restricted by channel capacity or data transfer speeds related to technical capacities. Pixel Film Studios and third parties are not liable for such limitations or restrictions.
  3. Pixel Film Studios reserves the right to audit Subscriber’s usage of the Pixel Film Studios Products to verify compliance with these Terms of Service. Subscriber agrees to provide requested information and records for such audits.

Governing Law; Jurisdiction

These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. All disputes relating to or arising from these Terms of Service shall be subject to the exclusive jurisdiction of the courts of Aliso Viejo, CA United States.

Attorney’s Fees

If Pixel Film Studios initiates any suit or intervenes in any suit to enforce these Terms of Service, including the collection of fees, Subscriber shall reimburse Pixel Film Studios for all costs and expenses, including attorneys’ fees, to the extent permitted by law.

Binding Nature; Assignment

These Terms of Service constitute a binding agreement between Pixel Film Studios and Subscriber and shall bind the parties and their successors-in-interest. Subscriber acknowledges that these Terms of Service are personal and may not be assigned or transferred by Subscriber. Pixel Film Studios may assign these Terms of Service at its sole discretion.

Miscellaneous

  1. Amendments. Pixel Film Studios reserves the right to amend these Terms of Service at any time. Amendments shall be effective upon notice to Subscriber or publication on the Pixel Film Studios website.
  2. Severability. If any provision of these Terms of Service is held to be invalid or unenforceable, the remainder of the Terms of Service shall remain in full force and effect.
  3. No Waiver. Failure to enforce any covenant or condition of these Terms of Service shall not prevent subsequent enforcement or be considered a waiver.
  4. Notices. Written notices by Pixel Film Studios to Subscriber may be delivered via email or in a hardcopy writing to Subscriber’s contact address. Notices shall be deemed delivered immediately upon email transmission or within three days if sent by mail.
  5. Relationship of the Parties. The parties are independent contractors, and these Terms of Service do not create a partnership, joint venture, agency, or employment relationship.
  6. Entire Agreement. These Terms of Service constitute the entire agreement between Subscriber and Pixel Film Studios and supersede all previous agreements, understandings, and representations.
  7. Construction. Headings are for reference purposes only and do not affect the meaning or interpretation. References to sections are references to sections of these Terms of Service.