This document outlines the terms under which Jsc Members may participate as Affiliates of our platform and leverage our services. By creating an account, accessing, or using our Service, you: Confirm that you have read, understood, and agreed to abide by the terms and conditions outlined herein ("Affiliate Terms"). These Affiliate Terms, together with our Site Terms of Service, Shop Terms (if applicable), and the applicable General Licenses (collectively, the "Licenses"), constitute a legally binding agreement ("Agreement") between you, the individual or legal entity named in the registration process (referred to as "Affiliate," "you," or "your"), and our platform, hereinafter referred to as "we," "us," or "our." You acknowledge that your personal data will be collected and used in accordance with our Privacy Policy. This applies regardless of whether you are a registered user of the Service or simply accessing it for informational purposes. If you become an Affiliate on behalf of an organization or entity: The term "you" will include both yourself and the entity you represent. You affirm that you have the authority to bind the entity to this Agreement and agree to these terms on its behalf. In case of conflicts between these Affiliate Terms and other agreements such as the General Terms of Service, Shop Terms, or Licenses, the provisions of these Affiliate Terms shall prevail for matters specific to the Affiliate Program.

Business Scope & Purpose

Our platform serves as an online marketplace empowering African designers worldwide to monetize their skills. Through this Service, customers can purchase and license design elements created by independent creators. The Affiliate Program enables African designers to showcase and promote their content, thereby fostering innovation and expanding their reach.

Affiliation Scope

Platform Usage: African designers are encouraged to use our platform to connect with global audiences, showcase their unique perspectives, and earn from their creativity. Our Service provides tools to help designers promote, license, and sell their assets effectively. Program Overview: By participating in the Affiliate Program, you agree to promote our elements and services, including those hosted on our main website and successor sites. While we aim to provide a stable ecosystem, we reserve the right to modify or terminate the Affiliate Program at any time. Marketing Collaboration: African designers will have access to marketing tools, referral links, and branding resources to enhance their promotional efforts. This collaboration ensures mutual growth and visibility in global markets.

Key Definitions

1. Affiliate Code: A unique referral code provided to approved members to drive traffic to our platform.
2. Service: Refers to Creative Elements online services such as "Personalization".
3. Affiliate’s Site(s): Websites, Portfolio, social media pages, or digital platforms owned or managed by the Affiliate, where promotional code or content may be placed.
4. Content: All creative materials such as curriculum vitae, powerpoint, graphics, portfolio, themes, etc... that African designers or our platform host.
5. Intellectual Property Rights: Encompasses all copyrights, trademarks, and other related rights held by either party.
6. Qualified Customers: Buyers referred to our platform through a Affiliate code who make purchases.
7. "Cluster Marketplace: Refers to JsCluster Creative Elements website located at elements.jscluster.com; JsCluster Group may add successor and/or new sites to the Affiliate Program by updating these Affiliation Terms.

Intellectual Property

Trademark License Grant: African designers are granted a limited, non-exclusive, and revocable license to use our branding for promotional purposes. Usage must comply with our trademark guidelines, which are subject to updates.
No Other Rights. Except as expressly provided herein, Affiliates and JsCluster Group 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 Affiliates's participation in the Affiliates Program for any reason, immediately cease all use of the other party's Marks.

With respect to any marketing or promotional activity involving "pay per click" ("PPC") or search engine marketing ("SEM"), Affiliates shall:

1. Not use JsCluster Group's Marks in any way or manner whatsoever, including but not limited to the words "JsCluster Group" and/or the "elements.jscluster.com" (including with typos, spaces, signs, symbols or in any other way). Such forbidden use of the JsCluster Group Marks includes the use of such words/trademarks in the Affiliates's advertisements or in any part therewith, in the displayed URL and/or in the destination URL;
2. Not bid on JsCluster Group's Marks, including but not limited to the words "JsCluster Group" and/or "elements.jscluster.com" (including with typos, spaces, signs, symbols or in any other way);
3. Not use JsCluster Group's top level domains as landing pages and/or use JsCluster Group's landing URLs and/or use JsCluster Group's displayed URLs;
4. Only use Affiliates's Site(s) for all PPC and/or SEM campaigns. The Affiliates's advertisements and/or any part therewith shall not lead or redirect potential clients directly to JsCluster Group Sites. The Affiliates is allowed to use the referral code provided by JsCluster Group on Affiliates's Site(s), but in no way shall the Affiliates use any URL containing the words "JsCluster Group" and/or "elements.jscluster.com" or other JsCluster Group Marks (including with typos, spaces, signs, symbols or in any other way).

Elements and Services.

JsCluster Group reserves the right at any time without liability or prior notice to:

1. Determine the contents of its websites, elements and services, including specifications, features, and functions, as well as any documentation or related materials;
2. Discontinue distribution of any or all its elements 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 elements and services (including the Affiliates Program);
4. Change or terminate the level or type of support or service that it makes available for its elements and services at any time and without notice; and/or Cancel any orders for discontinued elements or services.

With regrades to service support, neither party is responsible to the other party for any customer service support for purchases and fulfillment of the other party's elements and services including but not limited to, providing qualified personnel to receive customer inquiries.

Usage Restrictions:

Affiliates may not use our trademarks for unauthorized purposes, including paid advertising campaigns such as PPC or SEM, unless explicitly permitted. Any unauthorized use of our brand or assets will result in termination of the partnership.

Compensation and Payments

Commission Structure: JsCluster Group will pay Affiliates a referral fee, provided that Affiliates remains active in compliance with the Agreement as of the payment date, equal to a given percentage % of the price actually paid by a Qualified Customer, excluding any refunds and/or taxes, for a given sale or 3% of the price actually paid by a Qualified Customer, excluding any refunds and/or taxes, for a sale from a returning customer that is not an Excluded Sale of any Creative elements asset to Qualified Customers that occur within 30 days from the day they used the Affiliates Link.
Payouts & Earnings:. Unless otherwise agreed by the parties in writing, JsCluster Group shall send requested payouts according to published timescales, and in the method, you select during the payout setup process. Available payout methods are subject to change. Our current payment terms (rates, fees, etc.) are available here—you should check this link regularly as we may change these in our sole discretion at any time and such change will apply to all transactions that occur after the published change. Payout requests may only be made if the total amount due to you totals at least the required amount for payouts as per the affiliate occupation. JsCluster Group reserves the right to withhold payment or chargebacks to your account any amounts otherwise due to us under these website Terms, or amounts due to any breach of these website Terms by you, pending JsCluster Group 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 identification 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 JsCluster Group in writing within thirty (28) days of such payment. Failure to do so 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 JsCluster Group. No other measurements or statistics of any kind shall be accepted by JsCluster Group 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 Affiliates funds based on certain factors, including, but not limited to, affiliate's history, affiliate performance, the riskiness of the listing category, or the filing of a dispute claim.
Tax Responsibilities: Each party is responsible for adhering to local tax regulations. For european affiliates, specific guidance may be provided depending on the country of residence.

Content and Services

Ownership: African designers retain full ownership of their original designs and materials uploaded to the platform. By joining, designers grant the platform a non-exclusive right to display, market, and sell their works.
Content Standards: To maintain quality, all submissions must adhere to the platform’s guidelines, ensuring they meet professional and ethical standards.
Service Control: The platform reserves the right to update, modify, or discontinue its services, including design categories, licensing terms, and promotional campaigns.

Term and Termination.

1. The term of these Affiliation Terms shall commence on the date you apply to participate in the Affiliation Program (assuming JsCluster Group approves your participation) and end one (1) year from the Effective Date there after (the "Term"). and the terms will automatically renew for consecutive one (1) year periods; provided that either Party party may terminate these Affiliation Terms 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 these Affiliation Terms, then the non-defaulting Party may terminate these Affiliation Terms immediately.
3. These Affiliation Terms 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. Upon termination of Affiliation's participation in JsCluster Group's Affiliation Program, for any reason, Affiliation will discontinue all further promotion of JsCluster Group's products and services pursuant to these Affiliation Terms. Without limiting the generality of the foregoing, Affiliation will immediately cease all display, advertising, and use of all of JsCluster Group's Marks and will not thereafter use, advertise, or display any such Marks unless otherwise agreed by JsCluster Group in writing.
5. Provisions of these Affiliation Terms shall survive the expiration or termination of Affiliation's participation in the Affiliation Program for any reason. All other rights and obligations of the Parties under these Affiliation Terms shall cease upon termination of these Affiliation Terms.

Warranty.

Affiliate represents, covenants, and warrants: 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); Affiliate shall not collect, scrape, or otherwise process any Personal Data from any of JsCluster Group Sites or the Affiliate code. "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 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 or, is not in the spirit of the terms of this Agreement.

Indemnity.

Affiliation shall indemnify JsCluster Group and its officers, directors, employees, representatives, agents, successors, and permitted assigns (collectively, the “Indemnified Parties”), 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 Indemnified Parties arising out of or in connection with any breach of the representations or warranties contained in the Agreement.

General Provision

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. These Affiliation Terms are subject to the governing law, jurisdiction, class action waiver, and other dispute provisions set forth in the Site Terms and Conditions.
3. Assignment. Affiliation shall not assign, delegate, or otherwise transfer its rights or obligations under these Affiliation Terms, by operation of law or otherwise, without the prior written consent of JsCluster Group. These Affiliation Terms will inure to the benefit of the Parties and their permitted successors and assigns.
4. Changes to Affiliation Terms. We may revise and update these Affiliation Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Service. Your continued use of the Service following the posting of revised Affiliation Terms means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.
5. Severability. If any of the provisions of these Affiliation Terms 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.

Final Provisions

These terms aim to foster a fair and transparent ecosystem for African designers to thrive and succeed. By agreeing to these terms, designers acknowledge their commitment to professionalism, quality, and mutual growth within our community. For questions or clarifications regarding these terms, please contact our support team.