Effective Date: April 14, 2023
Governing Jurisdiction: California, United States
These Terms and Conditions ("Agreement") constitute a binding agreement between you ("Affiliate", "you", or "your") and Nicolini Productions dba Custom Esignature ("Custom Esignature", "we", "us", or "our") regarding your participation in the Custom Esignature Affiliate Program ("Program").
By enrolling in the Program, you acknowledge and agree to the following terms:
1.1 To join the Program, you must submit an application through our platform.
1.2 We reserve the right to approve or reject any application at our sole discretion.
1.3 By applying, you represent that you are at least 18 years old and have the legal capacity to enter into this Agreement.
2.1 Affiliates promote Custom Esignature’s services through unique affiliate links provided via our affiliate management platform, Rewardful.
2.2 You will earn commissions based on qualifying referrals that convert to paying customers under the terms outlined below.
3.1 Commission Rate: Affiliates earn a 30% recurring commission on revenue generated by referred customers for as long as their accounts remain active, unless the Program is discontinued or the Affiliate's participation is terminated.
3.2 Qualifying Referrals: Commissions are earned only when a referred customer:
4.1 Payment Frequency: Payments are processed monthly, within 30 days of the end of the previous month.
4.2 Payment Method: All payments are made via PayPal. Affiliates must provide a valid PayPal account to receive commissions.
4.3 Refund Adjustments: If a referred customer requests a refund, any associated commission will be deducted from the next payout.
4.4 Tax Responsibility: Affiliates are responsible for reporting and paying any applicable taxes on earnings received through the Program.
5.1 Referral Tracking: Our platform tracks referrals using cookies, which remain active for 30 days after a potential customer clicks your affiliate link.
5.2 Expired Cookies: If a customer signs up after the cookie expires or does not use your affiliate link, you will not receive a commission.
Affiliates must adhere to ethical and legal promotional practices. The following actions are prohibited:
6.1 Misleading Advertising: False claims, fake testimonials, or misleading promotions about Custom Esignature.
6.2 Spam: Sending unsolicited emails, messages, or other forms of spam.
6.3 Trademark Misuse: Unauthorized use of Custom Esignature trademarks, logos, or branding without prior written consent.
6.4 Self-Referrals: Attempting to earn commissions for referring yourself or entities you work with directly.
6.5 Inappropriate Content: Promoting your affiliate link on websites or platforms containing offensive, illegal, or harmful content.
6.6 Fraudulent Referrals: Generating fake or non-existent referrals, including:
Violations of these terms will result in immediate termination of your participation in the Program and forfeiture of any unpaid commissions.
7.1 Upon request, affiliates must provide documentation of promotional activities, including but not limited to:
8.1 By Affiliate: You may terminate your participation in the Program at any time by notifying us via email at support@customesignature.com.
8.2 By Custom Esignature: We reserve the right to suspend or terminate your participation in the Program at our sole discretion, with or without cause, upon notice.
8.3 Effect of Termination: Upon termination:
9.1 Governing Law: This Agreement will be governed by the laws of California, United States.
9.2 Arbitration: Any disputes arising under this Agreement will be resolved through binding arbitration under JAMS Comprehensive Arbitration Rules & Procedures, conducted in California.
9.3 Class Action Waiver: Affiliates waive their right to participate in any class action against Custom Esignature.
10.1 Custom Esignature reserves the right to monitor affiliate traffic and activity for signs of fraud, abuse, or unethical behavior.
10.2 Affiliates found engaging in prohibited activities will be flagged, and their commissions withheld pending an investigation.
You agree to indemnify and hold harmless Custom Esignature, its officers, employees, and affiliates from any claims, liabilities, damages, or expenses (including legal fees) arising out of your participation in the Program, violation of this Agreement, or misuse of affiliate links.
Custom Esignature will not be liable for indirect, incidental, or consequential damages (including loss of profits) arising from this Agreement or your participation in the Program, even if advised of the possibility of such damages.
13.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the Affiliate Program and supersedes all prior agreements.
13.2 No Waiver: The failure of either party to enforce any provision will not constitute a waiver of the right to enforce that or any other provision.
13.3 Severability: If any provision is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
Participation in the Affiliate Program is limited to individuals or entities based in the United States. Affiliates must provide verifiable proof of U.S. residency or business registration upon request. Custom Esignature reserves the right to reject or terminate any affiliate account that does not meet this residency requirement.
For questions or support, please contact us at:
Email: team@customesignature.com