AGREEMENT
This agreement should be considered an extension of our website terms and conditions. These terms and conditions are a legally binding contract between you and Scirra Ltd.
Applications to the Construct Affiliate program must be made by persons of at least 18 years of age. When you complete the electronic application form you are making a non-revocable offer to become an affiliate, which, if accepted by us, will result in a binding contract.
EXCLUSIVITY
This agreement does not create an exclusive agreement between you and us. You have the right to promote or engage with other parties and services.
COMMISSION
When a visitor visits our site from your link we determine if the visitor has previously visited our site or not. If they have, no commission will be attributed to you. If they have not, a cookie is placed on their browser. Any purchases made with this cookie existing on their browser within the cookie window will be attributed to you. If we are made aware of any errors in tracking we will endeavour to fix these errors but we will not retrospectively calculate commissions.
Commission can only be earned when the customer pays for qualifying products on our website through the normal automated checkout process.
Visitors who are attributed to you who then create an account with us will be attributed to you. Any purchases made on qualifying products by this user account in the cookie window period will be attributed to you also.
On occasion, we may choose to refund the buyers purchases. In such instances, your commission will be reduced as if the sale never occurred. On occasions where the buyers issue chargebacks on their purchases, your commission will be reduced as if no sale occurred and you may also incur additional deductions on your balance to cover chargeback processing fees. In rare instances, your balance may become negative. A negative balance simply means you cannot cashout any funds, we will not seek recovery from you of any negative balance.
Commission earned is calculated as your commission percentage on the sale value of qualifying products after any VAT/sales taxes and processing fees have been deducted.
You will be entitled to any recurring revenue generated by qualifying purchases for up to 365 days from the date of each qualifying purchase.
Our products are geographically priced. This means commission may vary greatly depending on the customers billing address.
TRADEMARKS
You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos in connection with the Construct Affiliate Program and this Agreement.
SPAMMY AND DISREPUTABLE BEHAVIOUR
You are strictly prohibited from promoting your link in any way that could be construed as spammy. This includes, but is not limited to posting the link on third party message boards, forums or Reddit. You are strictly prohibited from promoting your link or our products in any way that we determine could bring our business into disrepute.
You are strictly prohibited from misrepresenting our product or services. Over promising on the abilities or functionality of our products and services may lead to account termination and revocation of your commission earned.
If you are found to be using spammy techniques, or potentially bringing us into disrepute your account may be immediately suspended and all commission earned will be revoked.
UNPERMITTED ACTIONS
You are STRICTLY prohibited from using your own affiliate link to make purchases for yourself. If you are found to be doing this, your account will immediately be suspended and commission earned will be forfeited.
You are not allowed to pay for advertisements that contain your affiliate link. This includes, but is not limited to Google Ads, Bing Ads or Reddit Ads.
Links must be used in a natural way in which a visitor is expected to click or interact with it through normal usage of the application it is embedded on. For example, you cannot link to the site in an iFrame or load the link silently in any other way. If we find evidence of this, your account will be immediately terminated and all commission earned will be forefitted.
FRAUD AND REFUNDS
We reserve the right to immediately terminate your account without notice if the sales you're attracting to the platform have high fraud or refund rates.
PAYOUTS
Payouts will be issued via Stripe Connect or Paypal only. If account limitations on your Paypal or Stripe accounts prevent payouts, no alternative payout method will be offered. The minimum payout amount is £10.00. All payouts are made in GBP. When you make a payout request the entire available balance to cashout will be paid out. You are only allowed to payout to accounts in your name, and are not allowed to payout to third party or intermediatory accounts.
If in error too much money is sent to your Stripe Connect account or Paypal account, we will attempt to have the extra money returned automatically. If the extra money is not returned, you must return these funds to us within 14 days if requested by us.
To cashout with Stripe Connect, you must have residence or a business based in Austria, Belgium, Bulgaria, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom of Great Britain and Northern Ireland.
If you cashout via Paypal, it is entirely your responsibility to ensure that the account email address you enter is correct. We will not be liable for incorrect Paypal account email addresses being entered and funds becoming unrecoverable.
You accept all responsibility, legal and otherwise to pay any taxes on amounts received from us. We will provide your commission reports and cashout history to any governmental revenue service or tax collection agency if requested by them.
Commission earned will not be available to cashout for 3 days. Once you make a cashout request, it will take up to 60 days to process. You cannot request more than 1 cashout every 7 days.
ACCOUNT CLOSURE
We may decide at any point to terminate this agreement between you and Scirra Ltd for any reason. In such cases, we will continue to pay out commission under the agreed conditions for sales made to date but no more new sales will be attributed to you.
SEVERABILITY
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this agreement.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Scirra Ltd, its licensors, and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of this Agreement or the use of the Affiliate Program, by you or any person(s) using your Account, or from or in connection with any user generated content, or the creation, distribution, promotion and use of any derivative Works, created or provided by you or any person(s) using your Account.
Scirra reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Scirra in that matter. This section regarding indemnification shall survive termination of this agreement.
GOVERNING LAW
All disputes are to be settled through courts in the United Kingdom. This agreement shall be construed in accordance with the laws in the United Kingdom. All parties hereby consent to the jurisdiction of the courts of the United Kingdom. If any part of this agreement is deemed unenforceable or invalid by the law, the remaining parts of the agreement will remain in effect.
CHANGES TO THESE TERMS
From time to time we may make revisions to our terms and policies. If we do they will be published to https://www.construct.net/en/affiliates/terms. Your continued usage of the Construct.net affiliate program implies consent to the updated policies and terms.