Superfiliate Terms of Service

Last Updated: 06/22/2022

Please read these Terms of Service (the “Terms”) and our Privacy Notice ( Privacy Notice) carefully because they govern your use of the websites offered or powered by Superfiliate, Inc. (“Superfiliate”) (the “Site(s)”) and the services accessible via the Site(s). To make these Terms easier to read, the Site(s) and our services are collectively called the “Services.”

01. Agreement to Terms.

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

02. Privacy Notice.

Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use, and share personal information.

03. Changes to these Terms or the Services.

We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

04. Who May Use the Services?

1. Overview of the Services. Superfiliate provides e-commerce merchants ("Brands") with an affiliate marketing platform which allows Brands to work with select creators, influencers, and other third parties ("Creators") to help the Creator promote the Brand’s products and services. Superfiliate and the Services act only as an intermediary to facilitate – and not to direct or control – any partnerships, communications, and transactions among the Brands and Creators.
2. Use of the Services. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Superfiliate.
3. Account Registration. For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date.
4. Authorized Users. The Services may only be accessed and used by your employees or contractors who have been designated and authorized by you to be granted such access (each an "Authorized User") for the sole purpose of performing their job functions for you.
5. Compliance with Applicable Laws. You will comply with applicable laws.
6. Advertising Guidelines. The Services may provide you with opportunities to advertise Brands through affiliate links, referral links, and microsites. When you post this information, you agree to comply with applicable advertising laws, the FTC’s Endorsement Guides, social media advertising guidelines, and any other advertising or content guidelines that are applicable on the platforms where you advertise.

05. Feedback.

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback"). By submitting Feedback, you agree that we are free to use it without any restriction or compensation to you.

06. Your Content.

1. Posting Content. Our Services may allow you to store or share content such as text, files, documents, graphics, images, music, software, and audio and video. Anything that you post or otherwise make available through the Services is referred to as "User Content".
2. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Superfiliate a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content.
3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights necessary to grant us the license rights in your User Content under these Terms.
4. Removal of User Content. You can remove your User Content by specifically deleting it.
5. Superfiliate’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

07. Fees and Payment.

1. Payment Obligations. Each Brand is required to pay Superfiliate a subscription fee ("Subscription"), and a transaction fee for each Covered Transaction.
2. General. Whether you purchase a Subscription or pay us Covered Transaction Fees (each, a “Transaction").
3. Subscriptions. If you purchase a Subscription, you will be charged the annual or monthly Subscription fee at the beginning of your Subscription.
4. Covered Transaction Fees. Brand will pay Superfiliate a transaction fee between 0-10% of the gross Covered Transaction amount for each Covered Transaction.
5. Canceling Subscription. You may cancel your Subscription at any time. To cancel, you can email Superfiliate at hello@superfiliate.com and follow any instructions provided in response to your cancellation request.

08. General Prohibitions and Superfiliate’s Enforcement Rights.

You will not, and will ensure your Authorized Users will not, do any of the following:

1. Post any User Content that infringes any third-party rights or violates any laws.
2. Use the Services for deceptive or fraudulent purposes.
3. Access non-public areas of the Services.
4. Avoid, bypass, or circumvent any technological measures implemented by Superfiliate.
5. Send unsolicited advertising or promotional materials.

09. DMCA/Copyright Policy.

Superfiliate respects copyright law and expects its users to do the same. It is Superfiliate’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Superfiliate’s Copyright and IP Policy at Copyright Policy for further information.

10. Links to Third Party Websites or Resources.

1. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites. We provide access only as a convenience.
2. Third-Party Services. Certain features within the Services may allow you and your Authorized Users to interface with third-party services.

11. Termination.

We may suspend or terminate your access to the Services at our sole discretion, at any time and without notice to you.

12. Warranty Disclaimers.

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

13. Indemnity.

You will indemnify and hold Superfiliate harmless from any claims arising from your access to or use of the Services.

14. Limitation of Liability.

Neither Superfiliate nor its service providers will be liable for any incidental, special, or consequential damages.

15. Governing Law and Forum Choice.

These Terms will be governed by the Federal Arbitration Act and the laws of the State of California.

16. Dispute Resolution for Individuals.

Disputes will be resolved through binding, individual arbitration and not in a representative or consolidated action.

17. General Terms.

1. Reservation of Rights. Superfiliate and its licensors own all rights to the Services.
2. Entire Agreement. These Terms constitute the entire understanding and agreement between Superfiliate and you regarding the Services.
3. Contact Information. If you have any questions about these Terms or the Services, please contact Superfiliate at hello@superfiliate.com, 859-537-7060, 809 Brooks Ave Venice, CA 90291.