Please carefully review these Terms and Conditions before signing up to the Services provided on this website, operated by Identity Square Limited, located at Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA, United Kingdom, with VAT number GB400393341.
By creating a free account, initiating a free trial, or completing the online registration process for a paid subscription to the Services available at cookiechimp.com, you, the Customer, consent to be legally bound by the Terms and Conditions, DPA, and Privacy Policy as they are updated and displayed on our website. If there is any inconsistency between the Terms and Conditions, DPA, and Privacy Policy, the Terms and Conditions will take precedence, followed by the DPA, and then the Privacy Policy.
If you do not accept these Terms and Conditions, DPA, and Privacy Policy, you are not permitted to register or use our Services.
1. Definitions
Throughout this document, the following terms have specific meanings:
- Agreement: Refers to these Terms and Conditions, DPA, and Privacy Policy collectively.
- Business Day: Any weekday from 9:00 AM to 5:00 PM (UK local time), excluding UK public holidays.
- Company: Refers to 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 provided with a non-exclusive, non-transferable, and revocable license to utilize the Services, including any associated software, intellectual property, and confidential information, for the duration of the Term. This license permits the Customer to create cached copies of the software or related information as necessary to access the Services via the Internet. If the Services include open-source software, the Customer’s use of such software will be governed by the applicable open-source license terms.
The Customer is not granted any rights to modify, adapt, translate, or create derivative works from the Services. This Agreement does not imply or grant any rights for the Customer to access or obtain the source code of the software included in the Services.
The Customer is prohibited from disassembling, decompiling, reverse engineering, or attempting to derive the source code of the software within the Services. If applicable law grants the Customer the right to decompile the software to obtain information necessary for interoperability with other software, the Customer must submit a written request detailing the specific Services involved, the required interoperability, and the information needed. In response, the Company may provide access to the relevant source code or information, subject to reasonable conditions, including the payment of a reasonable fee.
Unless otherwise specified in this Agreement, the Services are provided exclusively for the Customer's use within their website or desktop infrastructure. Except as expressly permitted in writing by the Company, the Customer shall not: (i) lease, lend, resell, or otherwise distribute the Services; (ii) use the Services to deliver ancillary services; or (iii) allow access to or use of the Services by any third party.
The Customer represents and warrants that it will implement and maintain appropriate security measures, including but not limited to confidentiality, authenticity, and integrity safeguards, to ensure that access to the Services is restricted in accordance with this Agreement.
The Company reserves the right to suspend access to the Services, in whole or in part, if it reasonably determines that the integrity or security of the Services is at risk due to actions by the Customer or its users. Wherever feasible, the Company will provide the Customer with at least 24 hours' written notice prior to suspending access, including a detailed explanation of the reasons for the suspension.
4. Intellectual Property Rights
All Intellectual Property Rights and ownership of the Services (excluding any components incorporating Customer Data, Customer-owned, or third-party-owned elements) shall remain the property of the Company and/or its licensors and subcontractors. This Agreement does not transfer any interest or ownership in the Services, Intellectual Property Rights, or related materials to the Customer.
The Customer retains exclusive ownership of all rights, title, and interest in their Customer Data and pre-existing Intellectual Property Rights and assumes full responsibility for the legality, reliability, integrity, accuracy, and quality of the Customer Data. For the duration of the Term, the Customer grants the Company a non-exclusive, royalty-free, and non-transferable license to use Customer Data, Customer-owned Intellectual Property, and any third-party items as necessary to deliver the Services.
The Customer is prohibited from removing proprietary markings or copyright notices from the Services.
Any Feedback provided by the Customer is assigned to the Company, including all associated rights, title, and interest. If such assignment is invalid for any reason, the Customer grants the Company a non-exclusive, irrevocable, perpetual, royalty-free, global license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit the Feedback without restriction.
The Customer grants the Company the ongoing right to utilize Statistical Data, and this Agreement does not restrict the Company from leveraging such data for business or operational purposes, provided that the Company does not disclose Statistical Data that identifies the Customer or contains the Customer’s Confidential Information to third parties.
The Company may implement and maintain technical safeguards to protect the Services against unauthorized use, distribution, or duplication.
The Company retains the right to terminate any license at its sole discretion by providing 14 days' written notice. In such cases, the Company’s sole obligation shall be to refund any prepaid Fees applicable to periods following the termination date, without incurring further liability.
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 register for a Free Trial of a Paid Plan as outlined on the Company's website. During the Trial Period, no Fees will be incurred for the use of the Services. At the end of the Trial Period, the Free Trial will automatically transition to the Free Plan unless the Customer opts to subscribe to a Paid Plan.
Fees
Fees for Paid Plans are outlined in the Company's online price list. The Company will issue invoices to the Customer based on the subscription plan selected for continued access to the Services. All invoices must be paid in full by the Customer. Fees exclude any applicable Value Added Tax (VAT), which the Customer is required to pay in addition, where relevant.
The Customer agrees to pay all Fees in advance and authorizes the Company to process credit or debit card payments upon issuing each invoice. Fees are determined based on the rates in effect and listed in the Company’s online price list at the time the invoice is issued.
The Customer warrants that all information provided for obtaining the Services is accurate, that the banking or card details used are their own, and that sufficient funds or credit are available to cover the Fees.
If payment is not received by the due date, the Company may downgrade the Customer’s account to the Free Plan or restrict access to the Customer's account, password, and all or part of the Services. The Company is not obligated to provide any Paid Services or accept liability for any losses or damages incurred by the Customer while the invoice remains unpaid. Interest on overdue Fees may be charged at the applicable statutory rate.
The Company reserves the right to recover costs, including reasonable legal fees, incurred in collecting 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 represents and warrants that: (i) it possesses the full corporate authority to enter into this Agreement and fulfill its obligations under it; (ii) its execution and performance of this Agreement do not breach or conflict with any other agreements to which it is a party and comply with all applicable laws; and (iii) it will adhere to all relevant laws, regulations, governmental orders, and court orders relating to this Agreement.
The Company represents and warrants to the Customer that: (i) it has the authority to license the Services; (ii) the Services will be provided with reasonable skill, care, and professionalism in accordance with industry standards; (iii) the Services will materially deliver the facilities and functions described by the Company; and (iv) in delivering the Services, it will not infringe upon any third-party Intellectual Property Rights or violate obligations owed to any third party. These warranties exclude: (a) deficiencies or damages caused by third-party components not provided by the Company; and (b) third-party connectivity required for the delivery or use of the Services.
The Company makes no guarantees regarding the outcomes of using the Services, that the Services will meet the Customer’s specific requirements, or that they will function uninterrupted or error-free.
The Customer represents and warrants to the Company that: (i) it lawfully owns or holds the necessary user rights, copyrights, and ancillary rights required to fulfill its obligations under this Agreement; (ii) it will maintain robust security measures, including but not limited to confidentiality, authenticity, and integrity, to ensure that access to the Services is restricted as per this Agreement. The Customer and its users must safeguard all identification details, passwords, usernames, or other security credentials, ensuring they are confidential, secure, and used properly. Any breach of these security requirements must be promptly reported to the Company in writing. The Customer assumes responsibility for any breaches of this Agreement by its users; and (iii) it will ensure that its network and systems comply with specifications provided by the Company and is solely responsible for maintaining its network connections and telecommunications links to the Company’s data centers. The Customer is liable for any delays, failures, or damages arising from its network connections, telecommunications links, or the Internet.
Third-party content or information provided by the Company through the Services, such as pricing, is supplied "as is." The Company makes no warranties regarding such content or information and bears no liability for the Customer’s use or reliance on it.
Except where explicitly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law, or otherwise (including but not limited to fitness for purpose and satisfactory quality), are excluded to the maximum extent permitted by law.
The Customer acknowledges that the Services are not intended for high-risk applications where precise mapping features or locations are critical, such as use by emergency services.
8. Liability
Neither party limits or excludes liability for fraud, death, or personal injury resulting from negligence, willful misconduct, or any negligent act or omission.
Neither party shall, under any circumstances, be liable to the other—whether under this Agreement, in tort (including negligence or breach of statutory duty), misrepresentation, or otherwise—for any Consequential Loss. For this clause, "Consequential Loss" includes but is not limited to: (i) pure economic loss; (ii) losses suffered by any client of the Customer or other third parties; (iii) loss of profits (whether classified as direct or indirect loss); (iv) business interruption losses; (v) loss of business revenue, goodwill, or anticipated savings; and (vi) losses, including wasted management or employee time, whether or not occurring in the ordinary course of business.
Subject to clauses 8.1 and 8.2, the Company’s total aggregate liability to the Customer—whether in contract, tort, or otherwise—arising under or in connection with this Agreement, including any claim for indemnity or contribution, shall not exceed one hundred percent (100%) of the total Fees (excluding VAT, duties, sales tax, or similar charges) paid or payable by the Customer to the Company in the twelve (12) months preceding the date the claim arose. If the Agreement has been in effect for less than twelve (12) months, the liability limit shall apply to that shorter duration.
The Customer is fully responsible for breaches of this Agreement caused by the acts, omissions, or negligence of any users who access the Services, as though such actions or negligence were committed by the Customer itself.
No claim under this Agreement may be raised by the Customer more than one (1) year after: (i) the date the circumstances giving rise to the claim were discovered; or (ii) the date the Agreement was terminated, whichever occurs first.
Both parties acknowledge that they have entered into this Agreement based on their own skill and judgment and have not relied on any representation made by the other party, their employees, or agents.
9. Indemnities
The Company agrees, at its own expense, to: (i) defend or, at its discretion, settle any third-party claim or lawsuit brought against the Customer alleging that the Services infringe upon Intellectual Property Rights (excluding claims arising from Customer-provided materials); and (ii) pay any final judgment or settlement related to such claims, provided that: (a) the Customer promptly notifies the Company of the claim or lawsuit; (b) the Company has sole control over the defense and/or settlement of the claim; and (c) the Customer fully cooperates and provides reasonable assistance to the Company in the defense or settlement process.
If any portion of the Services becomes, or in the Company’s opinion is likely to become, subject to a claim of infringement, the Company may, at its own expense and discretion: (i) secure for the Customer the right to continue using the Services or the affected part; (ii) replace the Services or the infringing part with a suitable non-infringing alternative; or (iii) modify the Services or the infringing part to render them non-infringing.
The Company’s obligations under this clause do not apply to claims based on: (i) the combination, operation, or use of the Services with other software or services not provided by the Company, where such infringement would not occur without such combination; (ii) use of the Services in a manner inconsistent with this Agreement; or (iii) the Customer’s negligence or willful misconduct.
The Customer agrees to indemnify, defend, and hold harmless the Company, its employees, subcontractors, and agents from and against any costs, losses, fines, liabilities, and expenses, including reasonable legal fees, arising from claims related to: (i) alleged infringement or breach of Intellectual Property Rights due 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 third parties; (iii) the Company’s use of Customer Data or materials provided by the Customer or its users; (iv) breaches of data protection laws, regulations, or terms of the DPA by the Customer; and (v) any breach of this Agreement by the Customer or its users. The Company reserves the right to take reasonable steps to prevent ongoing breaches.
Subject to the terms of clauses 9.1 to 9.4, each party (“the indemnifying party”) agrees to indemnify and hold harmless the other party, including its officers, employees, and agents (“the indemnified party”), against any costs, expenses (including settlement costs), claims, actions, proceedings, or demands brought against the indemnified party under this clause. This indemnity includes all reasonable costs, damages, and expenses (including legal fees) incurred by the indemnified party in defending such claims, actions, or proceedings.
10. Term and Termination
This Agreement shall commence on the Effective Date and continue for the Term unless terminated as outlined in this clause 10.
The Customer may terminate this Agreement for convenience at any time by providing 30 days' written notice. Termination will take effect on the date specified in the notice or, if no date is specified, 30 days after the notice is received.
The Company reserves the right to terminate this Agreement or the provision of any Services immediately if: (i) the Customer uses or permits the use of the Services in a manner inconsistent with this Agreement; or (ii) the Company is legally prohibited, whether under English law or otherwise, from continuing to provide the Services.
Either party may terminate this Agreement by providing written notice if the other party: (i) enters voluntary or involuntary liquidation (other than for a solvent restructuring or amalgamation), has a receiver, administrator, or similar officer appointed, is unable to pay its debts as defined by Section 268 of the Insolvency Act 1986, ceases or threatens to cease trading, or undergoes any analogous event in another jurisdiction; (ii) commits a material breach of this Agreement that is not remedied within five (5) Business Days of receiving a written notice specifying the breach and requesting its remedy; or (iii) is unable to fulfill its obligations due to a Force Majeure event for a period exceeding twenty-eight (28) days.
Upon termination of this Agreement: (i) the Company shall immediately cease providing the Services, and all licenses granted under this Agreement will be revoked; (ii) the Customer must promptly pay all outstanding Fees up to the date of termination, with no refund of prepaid Fees for any unused period; and (iii) upon the Customer’s request made within 30 days of termination, the Company will either delete Customer Data in accordance with the terms of the DPA or return it in a machine-readable format at no additional cost. Requests for data in an alternative format may incur additional charges on a time and materials basis.
Termination of this Agreement, regardless of the cause, shall not impact any accrued rights of the parties. Any provisions of this Agreement that are intended to survive termination, by their nature, shall remain in full force and effect.
11. Confidential Information
Each party agrees to use the other party’s Confidential Information solely for the purposes outlined in this Agreement and to maintain its confidentiality, except where disclosure is legally required.
Confidential Information may be shared with employees or agents on a need-to-know basis for the purposes of this Agreement, provided such individuals have signed a confidentiality agreement in a form approved by the disclosing party.
Both parties commit to returning all documents and materials containing Confidential Information immediately upon the completion of the Services.
The confidentiality obligations in this Agreement do not apply to information that: (i) was lawfully in the possession of the receiving party prior to the negotiations leading to this Agreement; (ii) becomes publicly available after the execution of this Agreement through no fault of the receiving party; or (iii) must be disclosed by law.
12. Data Protection
Each party agrees to fulfill its obligations under all applicable data protection laws, principles, and agreements.
When personal data is processed during the Customer’s or its users’ use of the Services, the parties acknowledge that the Customer acts as the data controller and the Company as the data processor. Both parties agree to comply with their respective obligations under applicable data protection laws and the terms outlined in the DPA.
If a third party claims that their data protection rights have been infringed, the Company reserves the right to take any necessary actions to prevent further infringement of those rights.
When the Company collects and processes personal data as a data controller—for example, when the Customer provides an email address during registration or while ordering Services—such collection and processing will be conducted in accordance with the Privacy Policy.
13. Third Parties
This Agreement does not confer any rights or benefits enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or any equivalent legislation in any applicable jurisdiction.
14. Force Majeure
If a party is wholly or partially unable to fulfill its obligations under this Agreement due to a Force Majeure event, its performance obligations will be suspended for the duration of the event.
The affected party must, as soon as reasonably possible, notify the other party of the extent to which the Force Majeure event is preventing it from performing its obligations under this Agreement. If the Force Majeure event continues for more than 28 days, the other party may terminate this Agreement immediately without incurring any penalty.
15. Miscellaneous
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full effect. The invalid provision will be replaced by a valid one that closely reflects the parties' original commercial intentions. The same principle applies to any omissions in this Agreement.
This Agreement represents the entire understanding between the parties, superseding all prior agreements, representations, negotiations, or discussions related to its subject matter.
No party may assign or transfer its rights under this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. However, the Company may assign this Agreement without consent to (i) any member of its corporate group; or (ii) any entity acquiring the Company's shares or assets through merger, acquisition, or similar transaction, provided the assignee is not a competitor of the Customer.
The parties acknowledge their status as independent contractors, and nothing in this Agreement shall create an employer-employee relationship.
Any amendments or notices under this Agreement must be in writing and will be considered properly given if: (i) sent by registered mail to the address specified in this Agreement, or (ii) sent to the usual email address used by the parties for invoicing within the Services. The Company may modify the terms of this Agreement by providing 30 days' email notice to the Customer. Changes will be deemed accepted unless the Customer terminates the Agreement within the 30-day notice period.
Neither party shall make public announcements, press releases, or other disclosures regarding the terms or existence of this Agreement or their business relationship without prior written consent from the other party. However, the Company may use the Customer's name and logo to identify the Customer as a client on its website and in marketing materials.
This Agreement is governed by the laws of England and Wales, and the courts of England shall have exclusive jurisdiction over any disputes arising under this Agreement.
CookieChimp Partner Program Terms and Conditions
This Agreement is entered into between you ("Affiliate/Agency Partner") and us ("CookieChimp"). It outlines the terms and conditions governing your participation in our affiliate/agency program.
Please review this Agreement carefully before enrolling in the program. By registering, you acknowledge and agree to the terms and conditions set forth herein. If you do not agree to these terms, you are not permitted to participate in the affiliate/agency program.
1. Rights Infringement
You are prohibited from using CookieChimp’s services in a manner that infringes on the rights or reputation of others, violates any laws, or causes harm to CookieChimp, its users, or third parties.
Additionally, you must not engage in activities that breach the intellectual property rights of CookieChimp or any third party or contravene any 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
Sales commissions under this Agreement will be calculated as 30% of the purchase price for each sale made through your affiliate link, or as otherwise mutually agreed.
Commissions are calculated on a monthly basis, with a minimum payout threshold of $100 or as mutually agreed. Payments will be issued at the end of the month when your balance reaches $100 or more. If your commission does not meet the threshold in a given month, it will roll over to the next month's payout.
Only the first subscription purchase from a single account using your affiliate link will qualify for a commission. Subsequent purchases from the same account will not be eligible for additional commission.
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 is granted a non-exclusive, non-transferable, royalty-free, and revocable right to use your Brand Features on its website and marketing materials in relation to the Partner Program and this Agreement.
CookieChimp may display your corporate name, trade name, domain name, logo, and service marks as part of its ‘Partner Directory’ on its website.
Under this Agreement, we grant you a limited, non-exclusive, non-transferable, royalty-free, and revocable right to use CookieChimp’s Brand Features on your website and marketing materials solely in connection with the Program and this Agreement.
You are prohibited from using our Brand Features: (a) in a misleading or disparaging manner; (b) outside the scope of the Program or this Agreement; (c) in a way that suggests endorsement, sponsorship, or approval of your services or products by CookieChimp; or (d) in violation of applicable laws or in association with any obscene, indecent, or unlawful content or materials.
8. Content Guidelines
You are encouraged to use the content, media, and resources provided by CookieChimp to promote its products and services. However, these materials may not be modified without prior approval from CookieChimp. All use of these materials must include proper credits and attribution to CookieChimp.
It is your responsibility to ensure that any content you create or distribute on behalf of CookieChimp is accurate, up-to-date, and verified to reflect the latest information.
You are strictly prohibited from promoting CookieChimp on any website or platform that contains misleading, fraudulent, defamatory, obscene, violent, illegal, harassing, hateful, or pornographic content. CookieChimp reserves the sole right to determine whether such content exists on a website or platform and to take any necessary 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 shall not be held responsible for any misconduct by affiliates or for any resulting consequences.
CookieChimp is not liable for indirect or incidental damages, including loss of revenue or commissions, arising from affiliate tracking issues, loss of database files, or any actions intended to harm the Program or our website(s).
CookieChimp does not guarantee that the Program or website(s) will operate without errors or interruptions and will not be liable for any such errors or interruptions.
11. Indemnification
You agree to indemnify and hold harmless CookieChimp, along with its affiliates, subsidiaries, officers, directors, employees, and agents, from any liabilities, damages, fines, judgments, claims, and expenses arising from or related to any claims resulting from your negligence or intentional misconduct in connection with this Agreement.
12. Modification of Terms
CookieChimp reserves the right to modify or update this Agreement and its other terms periodically, so we encourage you to review this page from time to time.
Any changes to the terms will be posted here. By continuing to use CookieChimp after changes have been posted, you agree to accept and be bound by the updated terms.