Please read these Terms and Conditions carefully before registering for a subscription for the Services offered on this website operated by Identity Square Limited of Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA, United Kingdom, VAT number GB400393341.

By registering for a free account, signing up for a free trial, or completing the online registration form for a paid subscription for the Services at cookiechimp.com and clicking on the accept buttons relating to our Terms and Conditions, DPA, and Privacy Policy, you, the Customer, agree to be legally bound by these Terms and Conditions, DPA, and Privacy Policy as they may be modified and posted on our website from time to time. In the event of any inconsistency between the content of the Terms and Conditions, DPA, and the Privacy Policy, the Terms and Conditions shall prevail, followed by the DPA and then the Privacy Policy.

If you do not wish to be bound by these Terms and Conditions, DPA, and Privacy Policy, then you may not register to use our Services.

1. Definitions

In this Agreement, the following words shall have the following meanings:

• Agreement: means these Terms and Conditions, DPA, and Privacy Policy together;
• Business Day: means 9.00 am to 5.00 pm UK local time on a Monday to Friday (excluding any national holiday in the UK);
• Company: means Identity Square Limited;
• Confidential Information: means any and all information in whatsoever form relating to the Company or the Customer, or the business, prospective business, finances, technical processes, computer software (both source code and object code), Intellectual Property Rights or finances of the Company or the Customer (as the case may be), or compilations of two or more items of such information, whether or not each individual item is in itself confidential, which comes into a party’s possession by virtue of its entry into this Agreement or provision of the Services, and which the party regards, or could reasonably be expected to regard, as confidential, and any and all information which has been or may be derived or obtained from any such information;
• Customer Data: means all data imported into the Services for the purpose of using the Services or facilitating the Customer’s use of the Services;
• Customer: means the company or person who completes the online registration form for use of the Services;
• DPA: means the data processing agreement of the Company published at cookiechimp.com/dpa as amended from time to time;
• Effective Date: means the date on which the Customer registers online and agrees to the terms of this Agreement;
• Feedback: means feedback, innovations, or suggestions created by the Customer or users regarding the attributes, performance, or features of the Services;
• Fees: means the fees as set out in the Company’s online price list where the Customer may order Paid Services;
• Force Majeure: means anything outside the reasonable control of a party, including but not limited to acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, pandemic, quarantine restriction, labour dispute, labour shortage, power shortage, including, without limitation, where Company ceases to have access to the Internet for whatever reason, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals, or failures to approve) of any government or government agency;
• Free Plan: means the version of the Services provided to the Customer free of charge with limited features as set out on the Company's website;
• Initial Term: means the fixed initial term starting on the Effective Date, set out in the Order Form;
• Intellectual Property Rights: means all copyrights, patents, utility models, trademarks, service marks, registered designs, moral rights, design rights (whether registered or unregistered), technical information, know-how, database rights, semiconductor topography rights, business names and logos, computer data, generic rights, proprietary information rights, and all other similar proprietary rights (and all applications and rights to apply for registration or protection of any of the foregoing) as may exist anywhere in the world;
• Order Form: means the email confirmation sent to the Customer upon registration;
• Paid Plan: means any subscription plan for the Services provided by the Company for which Fees are payable;
• Privacy Policy: means the privacy policy of the Company published at cookiechimp.com/privacy as amended from time to time;
• Services: means the software application services of the Company, including Free Plans, Free Trials, and Paid Plans, ordered online by the Customer and set out in the Order Form, which are made available to the Customer and include any computer software programmes and, if appropriate, Updates thereto;
• Statistical Data: means aggregated, anonymised data derived from the Customer’s or user’s use of the Services which does not include any personal data or Customer Confidential Information;
• Term: means the duration of this Agreement starting on the Effective Date and continuing until terminated in accordance with clause 10;
• Terms and Conditions: means these terms and conditions of the Company published at cookiechimp.com/terms as amended from time to time;
• Trial Period: means the free trial period set out in the Order Form for Paid Plans;
• Updates: means any new or updated applications, services, or tools (including any computer software programmes) made available by the Company as part of the Services.

2. Services

The Customer engages the Company, and the Company agrees to provide the Services to the Customer from the Effective Date for the Term in accordance with the terms of this Agreement.

The Services shall be available to the Customer 99% on a 24 x 7 basis (excluding any scheduled maintenance, lack of availability of the Services not caused by the Company or due to its sub-contractor’s breach of the terms of the Agreement with the Company).

3. Subscription Licence

The Customer is granted a non-exclusive, non-transferable, revocable licence to use the Services (including any associated software, Intellectual Property Rights, and Confidential Information) during the Term. Such a licence shall permit the Customer to make cache copies of software or other information as are required for the Customer to receive the Services via the Internet. Where open source software is used as part of the Services, such software use by the Customer will be subject to the terms of the open source licences.

No right to modify, adapt, or translate the Services or create derivative works from the Services is granted to the Customer. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that the Customer has any right to obtain source code for the software comprised within the Services.

Disassembly, decompilation, or reverse engineering and other source code derivation of the software comprised within the Services is prohibited. To the extent that the Customer is granted the right by law to decompile such software in order to obtain information necessary to render the Services interoperable with other software (and upon written request by the Customer identifying relevant details of the Services(s) with which interoperability is sought and the nature of the information needed), the Company will provide access to relevant source code or information. The Company has the right to impose reasonable conditions including but not limited to the imposition of a reasonable fee for providing such access and information.

Unless otherwise specified in this Agreement, the Services are provided and may be used solely by the Customer as part of the Customer’s website/desktop architecture. Except as specifically stated in this Agreement, the Customer may not: (i) lease, loan, resell, or otherwise distribute the Services save as permitted in writing by the Company; (ii) use the Services to provide ancillary services related to the Services; or (iii) permit access to or use of the Services by or on behalf of any third party.

The Customer warrants and represents that it shall maintain reasonable security measures (as may change over time) covering, without limitation, confidentiality, authenticity, and integrity to ensure that the access to the Services granted under this Agreement is limited as set out under this Agreement.

The Company may suspend access to the Services, or portion thereof, at any time, if in the Company’s sole reasonable discretion, the integrity or security of the Services is in danger of being compromised by acts of the Customer or its users. Where possible, the Company shall give the Customer 24 hours written notice before suspending access to the Services, giving specific details of its reasons.

4. Intellectual Property Rights

All Intellectual Property Rights and title to the Services (save to the extent incorporating any Customer Data, Customer or third-party owned item) shall remain with the Company and/or its licensors and subcontractors. No interest or ownership in the Services, the Intellectual Property Rights, or otherwise is transferred to the Customer under this Agreement.

The Customer shall retain sole ownership of all rights, title, and interest in and to Customer Data and its pre-existing Intellectual Property Rights and shall have the sole responsibility for the legality, reliability, integrity, accuracy, and quality of the Customer Data. The Customer grants the Company a non-exclusive, non-transferable, royalty-free licence to use Customer Data, Customer Intellectual Property Rights, and any third-party owned item from the Effective Date for the Term to the extent required for the provision of the Services.

The Customer is not allowed to remove any proprietary marks or copyright notices from the Services.

The Customer assigns all rights, title, and interest in any Feedback by the customer to the Company. If for any reason such assignment is ineffective, the Customer shall grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify, and exploit such Feedback without restriction.

The Customer grants the Company the perpetual right to use Statistical Data, and nothing in this Agreement shall be construed as prohibiting the Company from using the Statistical Data for business and/or operating purposes, provided that the Company does not share with any third party Statistical Data which reveals the identity of the Customer or Customer’s Confidential Information.

The Company may take and maintain technical precautions to protect the Services from improper or unauthorised use, distribution, or copying.

The Company reserves the right to cancel any licence at any time at its sole discretion upon giving 14 days' written notice, without any liability other than refunding any Fees already paid applicable to periods after termination.

5. Ordering, Fees, Invoicing, and Payments

The Company is entitled to refuse any order placed by a Customer. If an order is accepted, the Company will confirm acceptance via email.

Free Plan

The Customer can sign up for a Free Plan and use the Services free of charge with limited features as specified on the Company's website.

Paid Plans and Free Trials

The Customer may sign up for a Free Trial of a Paid Plan as specified on the Company's website. No Fees shall be charged for the Services during the Trial Period. Upon expiry of the Trial Period, the Free Trial will automatically convert to the Free Plan unless the Customer chooses to subscribe to a Paid Plan.

Fees

Fees are applicable for Paid Plans as set out in the Company's online price list. The Company shall issue invoices to the Customer for Paid Plans as set out in the chosen subscription plan for continued use of the Services. All invoices shall be payable in full by the Customer. All Fees exclude any Value Added Tax legally payable on the date of the invoice, which shall be paid by the Customer in addition, where applicable.

The Customer shall pay all Fees to the Company in advance, and the Customer hereby permits the Company to take credit and debit card payments in advance upon the issue of each invoice. The Fee is the price in force and set out in the online price list of the Company at the date and time of each invoice.

The Customer undertakes that all details provided for the purpose of obtaining the Services will be correct and that banking and card details used are its own and that there are sufficient funds or credit facilities to cover the Fees.

Where payment of any Fees is not received on the due payment date, the Company may downgrade the Customer’s account to the Free Plan or disable the Customer’s password, account, and access to all or part of the Services, and the Company shall be under no obligation to provide any or all of the Paid Services or be responsible for any loss or damage that the Customer may be affected with while the invoice(s) concerned remains unpaid. The Company shall be entitled to charge interest on overdue Fees at the applicable statutory rate.

The Company reserves the right to recover any costs and reasonable legal fees it incurs in recovering overdue payments.

6. Coupons

Coupons, also known as promotional codes, are special codes that can be applied to the Customer’s purchase to receive a discount or a special offer.

• Coupons are valid only for a limited time and may expire without any notice.
• Coupons may only be used once per Customer and cannot be combined with other promotions or discounts.
• Some coupons may only be valid for certain plans or services. The Customer should review the coupon details before using them.
• Coupons may not be used on any past purchases or for any plans or services that have already been paid for.
• Coupons are not refundable. Once used, they cannot be used again or refunded.
• The Company reserves the right to modify or cancel any coupons or offers at any time without notice.
• By using a coupon, the Customer agrees to these terms and conditions.

7. Warranties

Each party warrants and represents that: (i) it has full corporate power and authority to enter into this Agreement and to perform the obligations required hereunder; (ii) the execution and performance of its obligations under this Agreement does not violate or conflict with the terms of any other agreement to which it is a party and is in accordance with any applicable laws; and (iii) it shall respect all applicable laws and regulations, governmental orders, and court orders, which relate to this Agreement.

The Company warrants to the Customer that: (i) it has the right to licence the Services; (ii) the Services shall be performed with reasonable skill and care and in a professional manner in accordance with good industry practice; (iii) the Services shall operate to materially provide the facilities and functions provided by the Company; and (iv) in performing the Services it will not infringe the Intellectual Property Rights of any third party or be in breach of any obligations it may have to a third party. The foregoing warranties shall not: (a) cover deficiencies or damages relating to any third-party components not furnished by the Company; or (b) any third-party provided connectivity necessary for the provision or use of the Services.

No warranty is made regarding the results of usage of the Services or that the functionality of the Services will meet the requirements of the Customer or that the Services will operate uninterrupted or error-free.

The Customer warrants and represents to the Company that: (i) it rightfully owns the necessary user rights, copyrights, and ancillary copyrights and permits required for it to fulfil its obligations under this Agreement; (ii) it shall maintain reasonable security measures (as may change over time) covering, without limitation, confidentiality, authenticity, and integrity to ensure that the access to the Services granted under this Agreement is limited as set out under this Agreement. In particular, the Customer and users shall treat any identification, password, or username or other security device for use of the Services with due diligence and care and take all necessary steps to ensure that they are kept confidential, secure, and are used properly and are not disclosed to unauthorised persons. Any breach of the above shall be immediately notified to the Company in writing. The Customer shall be liable for any breach of this Agreement by its users; and (iii) it shall ensure that its network and systems comply with the relevant specification provided by the Company from time to time and that it is solely responsible for procuring and maintaining its network connections and telecommunications links from the Customer’s systems to the Company’s data centres and all problems, conditions, delays, delivery failures, and all other loss or damage arising from or relating to the Customer’s network connections or telecommunications links or caused by the Internet.

All third-party content or information provided by the Company via the Services, for example prices, is provided “as is”. The Company provides no warranties in relation to such content or information and shall have no liability whatsoever to the Customer for its use or reliance upon such content or information.

Except as expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law.

The Customer acknowledges that Services should not be used for high-risk applications where precise locations or features on maps are essential to the Customer, for example use of the Services by the emergency services.

8. Liability

Neither party excludes or limits its liability to the other for fraud, death or personal injury caused by any negligent act or omission or wilful misconduct.

In no event shall either party be liable to the other whether arising under this Agreement or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. ‘Consequential Loss’ shall, for the purposes of this section, mean: (i) pure economic loss; (ii) losses incurred by any client of the Customer or other third party; (iii) loss of profits (whether categorised as direct or indirect loss); (iv) losses arising from business interruption; (v) loss of business revenue, goodwill, or anticipated savings; and (vi) losses whether or not occurring in the normal course of business, wasted management or staff time.

Subject to clauses 8.1 and 8.2, the total liability of the Company to the Customer in aggregate (whether in contract, tort or otherwise) under or in connection with this Agreement or based on any claim for indemnity or contribution shall be limited to one hundred (100) per cent of the total Fees (excluding any VAT, duty, sales, or similar taxes) paid or payable by the Customer to the Company during the twelve (12) month period prior to the date on which such claim arose. If the duration of the Agreement has been less than twelve (12) months, such shorter period shall apply.

The Customer shall be liable for any breaches of this Agreement caused by the acts, omissions, or negligence of any users who access the Services as if such acts, omissions, or negligence had been committed by the Customer itself.

In no event shall the Customer raise any claim under this Agreement more than one (1) year after: (i) the discovery of the circumstances giving rise to such claim; or (ii) the effective date of the termination of this Agreement.

The parties acknowledge and agree that in entering into this Agreement, each had recourse to its own skill and judgement and have not relied on any representation made by the other, their employees, or agents.

9. Indemnities

The Company shall, at its own expense: (i) defend, or at its option, settle any claim or suit brought against the Customer by a third party on the basis of infringement of any Intellectual Property Rights by the Services (excluding any claim or suit deriving from any Customer provided item); and (ii) pay any final judgement entered against the Customer on such issue or any settlement thereof, provided that: (a) the Customer notifies the Company promptly of each such claim or suit; (b) the Company is given sole control of the defence and/or settlement; and (c) the Customer fully co-operates and provides all reasonable assistance to the Company in the defence or settlement.

If all or any part of the Services becomes, or in the opinion of the Company may become, the subject of a claim or suit of infringement, the Company at its own expense and sole discretion may: (i) procure for the Customer the right to continue to use the Services or the affected part thereof; or (ii) replace the Services or affected part with other suitable non-infringing service(s); or (iii) modify the Services or affected part to make the same non-infringing.

The Company shall have no obligations under this clause 9 to the extent that a claim is based on: (i) the combination, operation, or use of the Services with other services or software not provided by the Company, if such infringement would have been avoided in the absence of such combination, operation, or use; or (ii) use of the Services in any manner inconsistent with the terms of this Agreement; or (iii) the negligence or wilful misconduct of the Customer.

The Customer shall defend, indemnify, and hold the Company and its employees, subcontractors, or agents harmless from and against any cost, losses, fines, liabilities, and expenses, including reasonable legal costs arising from any claim relating to or resulting directly or indirectly from: (i) any claimed infringement or breach by the Customer of any Intellectual Property Rights with respect to the Customer’s use of the Services outside the scope of this Agreement; (ii) any access to or use of the Services by users or a third party; (iii) use by the Company of any Customer Data or Customer or user provided item; (iv) breaches of data protection law or regulations or the terms of the DPA by the Customer; and (v) any breach of the terms of this Agreement by a user; and the Company shall be entitled to take reasonable measures to prevent the breach from continuing.

Subject to clauses 9.1 to 9.4 inclusive, each party (‘the first party’) indemnifies and undertakes to keep indemnified the other party, its officers, servants, and agents (‘the second party’) against any costs or expenses (including the cost of any settlement) arising out of any claim, action, proceeding, or demand that may be brought, made, or prosecuted against the second party under clause 9 of this Agreement. Such indemnity extends to and includes all costs, damages, and expenses (including legal fees and expenses) reasonably incurred by the second party in defending any such action, proceeding, claim, or demands.

10. Term and Termination

This Agreement will begin on the Effective Date and continue for the Term until terminated in accordance with this clause 10.

The Customer may terminate this Agreement at any time for convenience by giving 30 days' notice. Termination shall be effective on the date specified in the notice or, if no date is specified, 30 days from the date the notice is received.

The Company may immediately terminate this Agreement or the provision of any Services provided pursuant to this Agreement if: (i) the Customer has used or permitted the use of the Services otherwise than in accordance with this Agreement; or (ii) the Company is prohibited, under the laws of England or otherwise, from providing the Services.

Either party shall be entitled to terminate this Agreement on written notice to the other party if the other party: (i) goes into voluntary or involuntary liquidation (otherwise than for the purpose of a solvent reconstruction or amalgamation) or has a receiver or administrator or similar person appointed or is unable to pay its debts within the meaning of s268 Insolvency Act 1986 or ceases or threatens to cease to carry on business or if any event occurs which is analogous to any of the foregoing in another jurisdiction; or (ii) commits a material breach of any term of this Agreement which, if capable of remedy, is not remedied within five (5) Business Days of receipt of a written notice specifying the breach and requiring it to be remedied; (iii) is prevented by Force Majeure from fulfilling its obligations for more than twenty-eight (28) days.

Upon termination of this Agreement: (i) the Company shall immediately cease providing the Services to the Customer and all licences granted hereunder shall terminate; (ii) the Customer shall promptly pay the Company all unpaid Fees up to the date of termination. No Fees already paid shall be refunded if the Agreement is terminated prior to the end of any prepaid period; (iii) at the option of the Customer, following receipt of a request from the Customer, delete (in accordance with the terms of the DPA) or return all Customer Data stored in the Company’s database in a machine-readable format, free of charge, provided that such request is made within 30 days of termination. If the Customer requires any Customer Data to be returned in a different format, the Company reserves the right to charge for this additional service on a time and materials basis.

Termination of this Agreement for whatever reason shall not affect the accrued rights of the parties. All clauses which by their nature should continue after termination shall, for the avoidance of doubt, survive the expiration or termination of this Agreement and shall remain in force and effect.

11. Confidential Information

Each party may use the Confidential Information of the disclosing party only for the purposes of this Agreement and shall keep it confidential except for to the extent (if any) the recipient of such information, by law, is required to disclose such information.

Either party may disclose the Confidential Information to its employees and agents on a need-to-know basis for the purposes of this Agreement, after the employee or the agent executes a confidentiality undertaking in a form approved by the other party.

Both parties agree to return all documents and other materials containing Confidential Information immediately upon completion of the Services.

The obligations of confidentiality under this Agreement do not extend to information that: (i) was rightfully in the possession of the receiving party before the negotiations leading to this Agreement; (ii) is, or after the day this Agreement is signed, becomes public knowledge (other than as a result of a breach of this Agreement); or (iii) is required by law to be disclosed.

12. Data Protection

Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles, and agreements.

To the extent that personal data is processed when the Customer or its users use the Services, the parties acknowledge that the Company is a data processor and the Customer is a data controller and the parties shall comply with their respective obligations under applicable data protection law and the terms of the DPA.

If a third party alleges infringement of its data protection rights, the Company shall be entitled to take measures necessary to prevent the infringement of a third party’s rights from continuing.

Where the Company collects and processes personal data of the Customer, as a data controller, when providing the Services to the Customer, for example when the Customer provides an email address upon registration or when ordering Services, such collection and processing shall be in accordance with the Privacy Policy.

13. Third Parties

Nothing contained in this Agreement is intended to be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999, or any similar legislation in any applicable jurisdiction.

14. Force Majeure

If a party is wholly or partially prevented by Force Majeure from complying with its obligations under this Agreement, then that party’s obligation to perform in accordance with this Agreement will be suspended.

As soon as practicable after an event of Force Majeure arises, the party affected by Force Majeure must notify the other party of the extent to which the notifying party is unable to perform its obligations under this Agreement. If the Force Majeure event lasts for more than 28 days, the non-defaulting party may terminate this Agreement with immediate effect without penalty.

15. Miscellaneous

Should a provision of this Agreement be invalid or become invalid, then the legal effect of the other provisions shall remain unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.

This Agreement constitutes the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations, and discussions between the parties relating to the subject matter thereof.

No party may assign or transfer its rights under this Agreement without the prior written consent of the other party, such consent shall not be unreasonably withheld, however, the Company shall be entitled to assign the Agreement to (i) any company in the Company’s group of companies; or (ii) any entity that purchases the shares or assets of the Company as the result of a merger, takeover, or similar event, who is not a competitor of the Customer.

The Company and the Customer are independent contractors and nothing in this Agreement will be construed as creating an employer-employee relationship.

Amendments to, or notices to be sent under this Agreement, shall be in writing and shall be deemed to have been duly given if: (i) sent by registered post to a party at the address given for that party in this Agreement; or (ii) to the email address of each party usually used to correspond within the Services for invoicing. Notwithstanding the aforesaid, the Company may change or modify the terms of this Agreement upon giving the Customer 30 days' notice via email. All changes shall be deemed to have been accepted by the Customer unless the Customer terminates the Agreement prior to the expiry of the 30-day period.

Neither party shall make any public statement, press release, or other announcement relating to the terms or existence of this Agreement, or the business relationship of the parties, without the prior written consent of the other party. Notwithstanding the aforesaid, the Company may use the Customer’s name and trademarks (logo only) to list the Customer as a client of the Company on its website and in other marketing materials and information.

This Agreement shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under this Agreement.

CookieChimp Partner Program Terms and Conditions

This Agreement is between you (“Affiliate/Agency Partners”) and us (“CookieChimp”). This Agreement explains the terms and conditions that apply to your participation in our affiliate/agency program.

Please read this agreement carefully before signing up for the affiliate/agency program. By signing up, you agree to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, you are not authorized to participate in our affiliate/agency program.

1. Rights Infringement

You may not use CookieChimp’s services to infringe or violate another party’s rights or reputation or do anything that violates the law or harms us or our users.

You may not engage in activities that violate the intellectual property rights of CookieChimp or a third party or violate any of the applicable laws or regulations.

2. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed per the laws of the United Kingdom.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

3. Account Termination

CookieChimp has the right to terminate or suspend your account, followed by forfeiting all the referral fees earned through your account, at any time for reasons, including but not limited to the terms outlined in this Agreement:

• For fraudulent or aggressive marketing methods
• Spamming, such as mass emails or group posting
• Unauthorized or fake coupons or deals
• Activities that breach this agreement or any of CookieChimp policies

4. Payout

The sales commissions payable to you under this Agreement for CookieChimp shall be calculated as follows: 30% of the purchase price for each sale generated through your affiliate link, or as mutually agreed.

Your commission is calculated monthly. The minimum threshold for the monthly Affiliate payout is $100 or as mutually agreed. We will issue payment at the end of each month when your current balance reaches $100 or more. If you miss out on commission in a month, the amount will be paid with the next month’s commission.

Please note that only one sale from an account will be liable for commission. If a single user purchases multiple subscriptions using your link, you will only receive a commission for the first subscription.

5. Coupons and Deals

• You may not use misleading texts or links that indicate anything other than existing coupons or deals exists for your affiliate link.
• You are not allowed to bid on CookieChimp coupons, deals, or other phrases that imply coupons and deals are available.
• You may not use pop-ups, banners, frames, or any other content that sets affiliate cookies unless the user gives their explicit consent by clicking a clearly labelled link or button for that coupon or deal.
• You must ensure that users are able to see coupon or deal information before an affiliate cookie is set.
• You may not use misleading texts, buttons, or links that indicate a coupon or deal exists when there are no coupons or deals available.

6. Paid Advertisements

• Pay Per Click (PPC) bidding is not allowed without prior approval from CookieChimp.
• Please adhere to Google Ads policies or terms and conditions of any other platform you use for running paid ads.
• Affiliates and agencies are not permitted to bid on our brand keywords or any variants in search engine advertising. When affiliates bid on our brand keywords, it can result in a loss of traffic for us. You are allowed to run ads that direct to your own website but without using any of our branded keywords.
• CookieChimp is not responsible for any fees, losses, or damages incurred as a result of running ads.

7. Brand Features License

CookieChimp has the non-exclusive, non-transferable, royalty-free, revocable right to use your Brand Features on our website and marketing materials in connection with the Partner Program and this Agreement.

CookieChimp has the right to use and display your corporate or trade name or domain name, logo, and service marks as part of our ‘Partner Directory’ on our website.

Subject to the terms of this Agreement, we grant you the limited, non-exclusive, non-transferable, royalty-free, revocable right to the use of CookieChimp’s Brand Features on your website and marketing materials solely in connection with the Program and this Agreement.

You must not use any of our Brand Features: (a) in a misleading or disparaging way; (b) outside the scope of the Program or this Agreement; (c) in a way that implies we endorse, sponsor, or approve of your services or products; or (d) in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

8. Content Guidelines

You are encouraged to use the content, media, and resources provided to you in order to promote the products and services offered by CookieChimp. However, you are not permitted to modify these materials without the prior consent of CookieChimp. Any use of these materials must include appropriate credits and attributions to CookieChimp.

You are responsible for ensuring that any content you create or distribute on behalf of CookieChimp is accurate and up-to-date. You must take reasonable steps to verify the accuracy of the information you provide and to keep it current at all times.

You are prohibited from mentioning or promoting CookieChimp on any website or platform that contains any form of misleading, fraudulent, defamatory, obscene, violent, illegal, harassing, hateful, or pornographic content. You agree that CookieChimp has sole discretion to make the determination as to whether such content is present on a website or platform and to take appropriate action in response.

9. Responsibilities and Restrictions

• You cannot sign up for the Partner Program in order to use CookieChimp for personal use. Personal use of CookieChimp is not covered under the terms of the Affiliate/Agency Program.
• You are prohibited from attempting to directly or indirectly sell CookieChimp products or services to existing customers. Any violation of this provision may result in the termination of an individual’s or entity’s participation in the Partner Program.
• You are required to comply with all applicable laws and regulations, and to refrain from engaging in any activities that could be considered unfair or deceptive trade practices, fraudulent, illegal, overly aggressive, or questionable sales or marketing methods. Any such activities may result in the termination of your participation in the Partner Program and may also subject you to legal liability. You are solely responsible for ensuring that your activities are in compliance with the law and do not violate the rights of any third parties.
• You are not permitted to represent or hold yourself out to third parties as anything beyond an Affiliate/Agency Partner of CookieChimp. You may not claim or imply that you are an agent or employee of CookieChimp or that you have the authority to bind CookieChimp to a contract. Any such representations or actions may result in the termination of your participation in the Partner Program and may also subject you to legal liability.

10. Liability

CookieChimp will not be responsible for the misconduct of affiliates and the resulting consequences.

CookieChimp will not be liable for indirect or accidental damages (loss of revenue, commissions) due to issues in affiliate tracking, loss of database files, or any results of intent of harm to the Program and/or to our website(s).

CookieChimp does not warrant that our Program or website(s) will be error-free. Therefore, CookieChimp will not be liable for any interruptions or errors.

11. Indemnification

You agree to indemnify and hold harmless CookieChimp and its affiliate and subsidiary companies, officers, directors, employees, and agents from any liabilities, damages, fines, judgments, claims, and costs arising out of or related to any and all claims sustained in connection with this Agreement due to your negligence or intentional misconduct.

12. Modification of Terms

CookieChimp may modify or update this Agreement and other CookieChimp terms from time to time, so please check back here occasionally.

If we change our terms, we will post the revised terms on this page. If you continue to use CookieChimp after we have posted changes to these terms, you are agreeing to the revised terms.