Affiliate Program Agreement

This Affiliate Program Agreement ("Agreement") is a legally binding contract between you ("Affiliate," "you," or "your") and I.T. Kreative Inc. ("Company," "we," "us," or "our"), operator of Kreative Learners Academy ("Platform"). By applying to, participating in, or using the Kreative Learners Academy Affiliate Program ("Affiliate Program"), you acknowledge that you have read, understood, and agree to be bound by this Agreement, the Affiliate Commission Policy, the Affiliate Marketing Guidelines, the FTC & Advertising Disclosure Policy, the Affiliate Payment & Payout Policy, and the Affiliate Code of Conduct (collectively, the "Affiliate Legal Documents").

1. Eligibility

To be eligible to participate in the Affiliate Program, you must:

• Be at least 18 years of age
• Have an active Kreative Learners Academy user account in good standing
• Provide accurate and complete application information
• Not have a history of fraud, abuse, or policy violations on the Platform
• Accept all Affiliate Legal Documents
• Complete any required identity verification

We reserve the right to accept or reject any affiliate application at our sole discretion, without obligation to provide a reason.

2. Relationship with Kreative Learners Academy

2.1 Independent Contractor Status

You are an independent contractor, not an employee, agent, partner, or joint venturer of I.T. Kreative Inc. Nothing in this Agreement creates an employment relationship, partnership, agency, fiduciary, or joint venture relationship between you and the Company.

2.2 No Employment Relationship

You are not entitled to any employment benefits, including but not limited to health insurance, paid leave, retirement benefits, or workers' compensation. You are solely responsible for your own insurance, taxes, and business expenses.

2.3 No Partnership

Nothing in this Agreement shall be construed as creating a partnership or joint venture between you and the Company. Neither party has authority to bind the other or incur obligations on the other's behalf.

2.4 No Ownership Rights

Participation in the Affiliate Program grants no ownership interest, equity, or intellectual property rights in the Company, the Platform, or any course content. You receive only the limited rights expressly stated in this Agreement.

3. Affiliate Account Requirements

You agree to:

• Maintain accurate and up-to-date account information
• Keep your affiliate code and referral links confidential and not share them with unauthorized parties
• Not create multiple affiliate accounts
• Notify us promptly of any unauthorized use of your affiliate account
• Complete Stripe Connect onboarding before requesting payouts
• Provide accurate tax information as required by applicable law

4. Termination & Suspension

This Agreement is effective upon your acceptance and continues until terminated. Either party may terminate this Agreement at any time, with or without cause, upon written notice. Upon termination:

• You must immediately cease using all affiliate links, branding, and marketing materials
• Pending commissions may be forfeited if termination is due to policy violations
• Available commissions will be paid within 60 days of termination, subject to the payout policy
• Your affiliate account and associated data will be deactivated

We may suspend your affiliate account immediately, without prior notice, if we suspect fraud, abuse, or violation of this Agreement.

5. Commission Eligibility

Commissions are earned only when:

• A referred student completes a qualifying purchase through your unique affiliate link
• The course has affiliate promotion enabled by the instructor
• The purchase is not reversed, refunded, or charged back within the holding period
• The referral is not a self-referral (you cannot earn commissions on your own purchases)
• The click and purchase occur within the cookie attribution window (30 days by default)
• The affiliate account is in active status at the time of purchase and payout

6. Commission Calculation

Commissions are calculated as a percentage of the net sale amount (after refunds and chargebacks, before payment processing fees). The default commission rate is 3%. Campaign-specific rates may apply when an active campaign is running for a course. For complete details, see the Affiliate Commission Policy.

7. Payment Timing

Commissions are initially marked as "pending" for 30 days from the sale date (the refund window). After the holding period expires without a refund or chargeback, commissions become "available" for payout. Payouts are processed according to the Affiliate Payment & Payout Policy.

8. Refund Adjustments

If a referred student requests and receives a refund, the corresponding affiliate commission will be reversed:

• Pending commissions are reversed immediately upon refund
• Available commissions that have not yet been paid will be deducted
• Paid commissions may be recovered by deducting the amount from future payouts
• Partial refunds result in proportional commission adjustments

9. Chargebacks

If a referred student initiates a chargeback through their payment provider, the commission will be reversed following the same process as refunds. Affiliates with excessively high chargeback rates may have their accounts suspended.

10. Fraud Prevention

We employ fraud detection systems including:

• Self-referral detection (affiliate cannot earn on own purchases)
• Bot traffic detection and filtering
• IP hashing for suspicious activity tracking
• Click fraud detection (cookie stuffing, forced redirects)
• Pattern analysis for fake accounts or purchases

Affiliates found engaging in fraudulent activity will have their accounts terminated immediately and all commissions forfeited.

11. Tax Responsibilities

You are solely responsible for reporting and paying all taxes on your affiliate earnings, including income tax, self-employment tax, and any applicable local taxes. I.T. Kreative Inc. may issue tax forms (e.g., 1099-MISC or 1099-NEC) as required by law. You must provide accurate tax information through Stripe Connect.

12. Confidentiality

You may have access to non-public information including commission rates, campaign details, earnings data, and Platform analytics. You agree to keep all such information confidential and not disclose it to third parties without written consent.

13. Intellectual Property

All Platform content, branding, course materials, and technology are owned by I.T. Kreative Inc. or its licensors. You receive no ownership rights through participation in the Affiliate Program.

14. Trademark Usage

You may use the "Kreative Learners Academy" name and logo solely for the purpose of promoting affiliate links, subject to these brand guidelines:

• Do not alter, modify, or distort the logo
• Do not imply endorsement, partnership, or employment
• Do not use the brand in a way that suggests false affiliation
• Do not register domains containing our trademarks without written permission
• Do not bid on our trademarked keywords in pay-per-click advertising without written permission
• Remove any branding immediately upon request or termination

15. Marketing Permissions

You may promote affiliate links through approved channels as described in the Affiliate Marketing Guidelines. Marketing materials provided by instructors or the Platform may be used in accordance with their terms.

16. Email Marketing Compliance

If you promote affiliate links via email, you must comply with:

• The CAN-SPAM Act (US)
• GDPR (EU) for recipients in European Union countries
• CASL (Canada) for recipients in Canada
• All recipients must have opted in to receive emails from you
• Every email must include a clear unsubscribe mechanism
• You must not use misleading subject lines or sender information

17. Social Media Compliance

When promoting on social media, you must:

• Clearly disclose your affiliate relationship in every post
• Follow each platform's advertising and disclosure policies
• Not create fake accounts or impersonate instructors or the Platform
• Not use deceptive thumbnails, titles, or descriptions

18. Anti-Spam Requirements

Spam is strictly prohibited. This includes but is not limited to:

• Sending unsolicited commercial emails
• Posting affiliate links in irrelevant forums, comment sections, or groups
• Using automated bots to generate clicks or traffic
• Cookie stuffing or forced redirects
• Cloaking or hiding affiliate disclosure

19. Acceptable Advertising

Advertising must be honest, transparent, and not misleading. You must not:

• Make false income claims or guarantee results
• Use fake testimonials or reviews
• Create misleading advertisements
• Bid on trademarked terms without permission (keyword hijacking)
• Use pop-ups, pop-unders, or forced redirects

20. Affiliate Disclosure Requirements

You must clearly and conspicuously disclose your affiliate relationship wherever you promote affiliate links. See the FTC & Advertising Disclosure Policy for detailed requirements and examples.

21. FTC Compliance

You must comply with all applicable Federal Trade Commission guidelines regarding endorsements and testimonials, including 16 CFR Part 255. Key requirements include:

• Disclosing material connections between you and the products you promote
• Making disclosures clear and conspicuous
• Only making truthful and substantiated claims
• Not making deceptive income or earnings claims

22. Prohibited Activities

The following activities are strictly prohibited and may result in immediate account termination:

• Self-referrals (purchasing through your own affiliate link)
• Creating fake accounts or purchases
• Cookie stuffing or forced redirects
• Trademark abuse or keyword hijacking
• Spam, fake reviews, or false testimonials
• Misleading income claims or false promises
• Impersonating instructors or the Platform
• Copyright infringement
• Manipulating commission tracking systems

23. Account Suspension

We may suspend or terminate your affiliate account at any time for violations of this Agreement, fraud, or any activity that we determine is harmful to the Platform, its users, or its reputation. Suspended accounts forfeit all pending and available commissions.

24. Dispute Resolution

Any disputes arising from this Agreement shall first be attempted to be resolved through good-faith negotiation. If resolution cannot be reached, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the United States. You waive the right to participate in a class action lawsuit or class-wide arbitration.

25. Limitation of Liability

To the fullest extent permitted by law, I.T. Kreative Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your participation in the Affiliate Program. Our total liability to you shall not exceed the total commissions paid to you in the 12 months preceding the claim.

26. Indemnification

You agree to indemnify and hold harmless I.T. Kreative Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your breach of this Agreement, your fraudulent or negligent acts, or your violation of any law or third-party rights.

27. Governing Law

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

28. Entire Agreement

This Agreement, together with all Affiliate Legal Documents and the Platform's Terms of Use and Privacy Policy, constitutes the entire agreement between you and I.T. Kreative Inc. regarding the Affiliate Program and supersedes all prior agreements.

29. Electronic Acceptance

By checking the acceptance box and submitting your affiliate application, you acknowledge that you have read and agree to be bound by all Affiliate Legal Documents. Your electronic acceptance has the same legal effect as a handwritten signature. We store the acceptance timestamp, document version, and your user information as proof of acceptance.

30. Version History

This document is versioned. Each version has a version number, published date, and effective date. When material changes are made, a new version is published and affiliates may be required to re-accept the updated terms. The current version is displayed at the top of this page.