Affiliate Terms and Conditions

Effective Date: August 17, 2025

Last Updated: August 17, 2025
Company: UnCreative Capital LLC (“Company,” “we,” “us,” or “our”)

1. Acceptance of Terms

By submitting an application to become an affiliate (“Affiliate”) or by participating in the Company’s affiliate program (“Program”), you agree to be bound by these Affiliate Terms and Conditions (“Agreement”). If you do not agree, do not participate in the Program.

2. Independent Contractor Status

Affiliate is an independent contractor. Nothing in this Agreement creates an employer-employee relationship, agency, joint venture, or partnership. Affiliate has no authority to act for or bind the Company.

3. Commission & Payment

Affiliate will earn a 20% commission on qualifying sales properly tracked through Company’s affiliate system.

Commission eligibility, tracking, and calculation are determined solely by the Company.

Trial Period Exception: No commissions will be earned or paid on memberships that are canceled, refunded, or otherwise voided within the initial 7-day trial period. Commissions are only payable on valid, active memberships after the trial period has ended.

Payments will be made in accordance with the Company’s internal policies, which may change at any time without notice.

Company reserves the right to withhold or revoke commissions for any reason, including but not limited to fraud, chargebacks, cancellations, or breach of this Agreement.

No Guarantee of Payment: Affiliate acknowledges that commissions are deemed earned only after final approval by the Company, and no payment obligation exists until funds are actually disbursed by the Company.

4. Marketing & Conduct Restrictions

Affiliate agrees:

Not to make any earnings claims, guarantees, or representations about Company products or services.

Not to engage in false, deceptive, or misleading marketing.

Not to run paid ads on Company brand terms (including variations).

Not to send unsolicited commercial email (“spam”) promoting Company products.

To comply with all FTC disclosure requirements (e.g., “As an affiliate, I may earn a commission…”).

To comply with all applicable laws, rules, and advertising standards.

Violation of this section results in immediate termination and forfeiture of unpaid commissions.

5. Intellectual Property

Company grants Affiliate a limited, non-exclusive, revocable license to use approved Company trademarks, logos, and creative assets solely to promote Company products.

All intellectual property remains the sole property of the Company.

Affiliate may not alter, reverse-engineer, or create derivative works of Company assets.

6. Term & Termination

Either party may terminate this Agreement at any time, with or without cause, by providing written notice.

Company may terminate immediately for any breach of this Agreement.

Upon termination, Affiliate must cease all use of Company materials and remove affiliate links.

Any outstanding or unpaid commissions are subject to Company’s sole discretion and may be withheld.

7. Limitation of Liability

Company makes no guarantees regarding the availability, reliability, or accuracy of tracking systems.

Company shall not be liable for indirect, incidental, special, punitive, or consequential damages (including loss of profits, goodwill, or business opportunities).

In no event shall Company’s liability exceed the total commissions actually paid to Affiliate in the preceding 6 months.

8. Indemnification

Affiliate agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, contractors, and agents from any and all claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising from:

Affiliate’s participation in the Program,

Affiliate’s marketing or promotional activities, or

Affiliate’s breach of this Agreement.

9. Modification

Company reserves the right to modify, suspend, or terminate this Agreement or the Program at any time, with or without notice. Continued participation constitutes acceptance of modifications.

10. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles.

Any dispute shall be resolved exclusively in the state or federal courts located in Cook County, Illinois.

Affiliate waives any right to participate in class or collective actions against the Company.

11. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the Program and supersedes all prior agreements, understandings, and representations.

12. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

13. Survival

Sections 5 (Intellectual Property), 7 (Limitation of Liability), 8 (Indemnification), and 10 (Governing Law & Dispute Resolution) shall survive termination of this Agreement.