This REFERRAL AGREEMENT (the “Agreement”) is made between Yes I'm a Designer Limited, dba Yes I'm a Designer (“yesimadesigner.com,” “Principal,” “us,” “our,” or “we”), a United Kingdom based for-profit company, with its principal place of business located at 3 Acorn Business Centre, Northarbour Road, Cosham, Portsmouth, England, PO6 3TH, UNITED KINGDOM,
and You, the Affiliate (“Referrer,” “you,” or “your”).
This legally binding agreement contains all the terms and conditions that apply to your participation in the Yes I'm a Designer Affiliate Program (“Yes I'm a Designer Referral Program,” “Referral Program” or “Program”).
By participating in the Yes I'm a Designer Referral Program, you agree with the terms and policies set forth in the Agreement below. Please read the entire Agreement and sign if you are agree!
This is a legally binding agreement between You and Us. This means that by agreeing that you have read and understand the terms of this Agreement, and that, if we accept your application, you are legally responsible for each and every term and policy.
We are looking to work with ethical, trustworthy partners and reserve the right to deny or accept any application at our sole discretion.
Your participation in the Program is solely for the purpose of legally advertising Yes I'm a Designer Limited services to receive a commission on services purchased by your referrals.
This Agreement begins when we accept you into the Program and will end when your participation is terminated, either by you or by us. We may change the Program or this Agreement at any time without notice. If any change to the Program or the Agreement is unacceptable to you, your only choice is to terminate your participation. Your continuing participation in the Program will constitute your acceptance of any change.
You or Yes I'm a Designer Limited may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commissions while you are participating in the Program in accordance with the terms of this Agreement.
Advertising or Advertisements means any and all banner or box-style advertisements, pop-up placements, text links, or other similar solicitations through the Internet or otherwise that promote Yes I'm a Designer products or services and that may contain a link to one or more Yes I'm a Designer web-, or Youtube pages.
Site or App or Display Area means any place you display an Advertisement and/or Link which includes but is not limited to web apps, gadgets, widgets, quizzes, direct mail, banners, video, audio, stickers, paper, flyers, phone solicitations, email, ad platforms, etc. and any other form or type of medium used to communicate in a public or private Display Area or setting.
Referrer means any person or entity that has submitted interest to join to our Affiliate Program, and has been accepted in accordance with the terms of this Agreement.
Intellectual Property Rights means all rights in and to trade secrets, patents, copyrights, trademarks, as well as any similar rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to any of the foregoing.
Link means an embedded graphic, icon, or text containing a unique hypertext pointer to one or more URL addresses for yesimadesigner.com, courses.yesimadesigner.com and/or related sites that is embedded in an Advertisement and that identifies consumers that become our customers or clients because of the Advertisement.
Qualified Lead means a lead that was tracked and received by our Affiliate platform which includes all the necessary lead data and also matches the buying criteria, resulting in a commissionable payout.
Qualified Sale means a sale that was tracked and received by us which has resulted in a commissionable payout.
We cannot approve any person or entity as an Affiliate if they have no online presence with proof of ethical business activities that serves a benefit of an owned audience. We do not support clickbait schemes or sole CPA based affiliate advertising, but rather seeking partnership with likeminded content providers and influencers with an audience of their own. We assess each application individually and reserve the right to deny or accept each at our sole discretion.
To be able to apply, you need to register a free account on our site, with the same email address that you reach out to us with your application request. For the payout, you need to have a Paypal account. This you can set up in you Affiliate dashboard.
In the case that your application for our Affiliate Program is accepted, we open you an Affiliate account that you will be able to access directly from a seperate affiliate dashboard.
We will attribute referrals to you based on a tracking code embedded in your Affiliate Links.
When a referral clicks through your Affiliate Link, a cookie is set in the referral’s browser that contains your tracking code.
This also tracks other information, such as the IP address of the referral, in its database along with your tracking code.
When the referral decides to buy a course, membership, merchandise or service, a script will look for the cookie, try to match the IP address, or use similar technology to identify you and award the commission. Referrals from your Affiliate Link may make a purchase later in time and our platform may still award the commission if the cookie is still present in the browser or if the IP address still matches one logged in the database. (the cookie lifetime is 365 days) This is managed by the Affiliate platform we use.
In some cases, we may offer Affiliates a uniqe discount coupon code which may be used by customers referred by the Affiliate to yesimadesigner.com. Discount coupon codes are administered at the discretion of Yes I'm a Designer and may have restrictions, including but not limited to expiration dates or maximum usages.
We reserve the right to refuse service to any referral. (eg. someone repeatedly abuses the guarantees)
Limited to New Client Acquisitions: This commission structure option shall only apply to new customers and does not apply to existing leads/prospects or customers of the Ours.
Free Trial: Customers that have in the past or are currently in a Free-Trial period on our site are excluded from being considered as eligible Affiliate referrals for commissions.
Rollovers: Customers that have in the past or are currently customers of Yes I'm a Designer with rollover credits are excluded from being considered as eligible Affiliate referrals for commissions.
Canceled: Customers that have canceled their Free Trials and/or monthly subscription plans are excluded from being considered as eligible Affiliate referrals for commissions. This could also pertain to canceled payments, failed payments, or denial of automatic renewal.
Refunds: We have a very generous Refund policy to our courses. (Please see our Terms for more details.) However if we suspect refund abuse we may refuse refund requests from Affiliate referrals at our sole discretion.
No further Compensation: Referrers are not entitled to any compensation for services performed or expenses incurred in connection with this Agreement other than as set out in this Agreement.
Residual Commission: Referred customers participating in a Free Trial will convert to commissionable customers upon transitioning to a paid account. If the account cancels or is terminated, Referrers will no longer be owed a commission on that account. If they don’t convert to a paid customer within 30 days, they are considered a dead lead and any reactivation of that customer following those 30 days as a paying customer is excluded from commission eligibility for the Referrer.
As an Affiliate Partner you will receive commission for each Qualified Sale on any of our paid online courses, memberships or other products per new customer that you refer.
- The base commission is 20% but we will promote successful affiliates. The more referrals you make, the better terms you’ll get.
- For membership referrals you will earn recurring commissions as long as the subscription plan is active
- Earnings are assigned with a 30 day delay (because of the 30 day guarantee we offer to students)
- The cookie life is 2 years, and will assign the last affiliate who referred
- Payouts are three times a year, at the first week of May, September and December with a payout threshold of $100. This doesn’t expire, you’ll get paid as soon as you reach the limit.
- Commissions are paid after all membership tiers (recurring), and the Graphic Design Theory series (single payment)
- Referrers can be made via our tracking Links or if you recommended us offline, the Referrals have to confirm that you recommended us.
This is not a personal rewards program – you cannot purchase any Yes I'm a Designer product and/or service by using your own Affiliate code and earn credit toward a commission. Our affiliate system automatically detects fraudulent activities and suspend further tracking. We also manually review each account before payment is accepted.
You can track your sales via your affiliate dashboard available from your account.
REFERRER’S RESPONSIBILITIES AND RESTRICTIONS ON PROMOTING
You MUST ensure that all materials posted on your sites
- are not illegal or unethical,
- that they do not infringe on the rights of any person or entity of any kind (including, but not limited to any and all third-party intellectual property rights).
- Cannot be duplicate content or copyright infringement
- Your website must not contain or link to a site that contains
- obscene or offensive material.
- adult content,
- extreme religious, or extreme political content.
Affiliate advertising must NOT include
- content that is deceptive, misleading, untruthful, unsubstantiated, ” (federal and state) consumer protection laws, regulations, and guidelines.
- You must not use false or misleading statements on the benefits (ie. Getting rich as a Designer, finding a job in two weeks etc.).
- You cannot use clickbait methods to mislead visitors about our Products or our Brand, nor use “Is it a Scam?” type headlines that by itself shows us in a negative way.
- You cannot use coupon reveal or cashback schemes
- You cannot use contextless blind links (eg. misleading naming or links just throw around in forums)
Violating these will result in immediate termination.
All Affiliates (regardless of your country of domicile) MUST be in compliance with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Testimonials Guide”), the National Advertising Division decisions of the Better Business Bureau, and other federal and state consumer protection laws, regulations, and guidelines.
You agree to submit to us all the URLs for all the sites you plan to use to promote our sites upon request.
You must not modify or adjust the Yes I’m a Designer wordmark or logo in any sort of marketing material you might create, including the creation of any visual badges or dual-logo lockups.
You further agree that your sites do not copy or resemble the look and feel of our sites or create the impression that your sites are a part of ours. Do not use terms like “us,” “we,” or “our” when referring to Yes I'm a Designer Limited or Yes I'm a Designer. If a reference needs to be made, please refer to yourself as a Yes I'm a Designer Affiliate.
You are prohibited from creating web pages, social media pages, or accounts that falsely represent themselves as creators, owners, or part-owners of Yes I'm a Designer products and/or services. You MUST make it clear that your Affiliate Link will provide you a commission from Yes I'm a Designer, should a prospective customer use your Link.
Many of our courses teach Adobe products and applications that are owned by Adobe with all trademarks and rights. We are not resellers nor distributors of these Adobe products (eg. Adobe Illustrator) and none of our courses grant access to these. Students have to purchase these separately from Adobe.
We have authorization from Adobe to use these brands and trademarks in our site and ads. We cannot give this authorization to any third party, only Adobe can. Please make sure to follow Adobe’s policies if you mention their trademark in your ads or site. Yes I’m a Designer is not responsible for any copyright or trademark infringement done by our Affiliates.
You agree not to purchase ads (that direct to your site(s) or through an affiliate link) that could be considered as competing with our own advertising, including, but not limited to, our branded keywords. If running ads, you need to direct the ad to your own website (and not to yesimadesigner.com or courses.yesimadesigner.com).
You cannot frame yesimadesigner.com or mask the yesimadesigner.com URL with your URL.
We are serving creative professionals and students from all around the world, however we have a few criteria that is your, the affiliates responsibility to vet with any referral customer:
- All customers must be 18 or older.
- At the moment all our courses and customer service are in English, so customers need to be able to speak English.
- Not all our courses and products have captions. This may affect some users.
Either party may terminate this Agreement immediately by giving written notice to the other party. Referrer agrees to and acknowledges that if the Referrer breaches any provision of this Agreement that we may immediately terminate Referrer from Referral Program. Upon termination of this Agreement, Referrer must immediately cease using any and all Yes I'm a Designer Advertisements.
You must comply with all other rules related to general Affiliate sales and the FTC above. Affiliate agrees to indemnify, defend, and hold harmless Yes I'm a Designer Limited from any lawsuits, investigations, claims, or complaints arising from any such violation or alleged violation of the terms above.
Any Affiliate caught breaking any of these terms can be suspended or banned immediately at our sole discretion and will not be eligible for reinstatement. On termination of the Affiliate Partnership for any reason, the Referrer loses all unpaid commissions and no further referrals - if made - would count. The Referrer shall immediately cease to describe himself as an authorized Affiliate.
The terms of this Affiliate Program are subject to change at any time. It is the Affiliate’s responsibility to stay up-to-date on the information in this policy to ensure that they are in compliance with all rules at all times.
Yes I'm a Designer owns and shall retain all rights, title, and interest in its names, logos trademarks, service marks, copyrights, and proprietary technology. This includes, but is not limited to, those names, logos, trademarks, service marks, copyrights, and proprietary technology currently used, or which may be developed and/or used by it in the future. Yes I'm a Designer shall own and retain all rights, title, and interest in all names, addresses and other identifying information of customers visiting our sites (“Customer Information”) which is collected by us. This includes, but is not limited to, customers who access our sites through your Links. You fully understand and agree that you shall have no right to access or use any such Customer Information.
Yes I'm a Designer grants you a revocable, non-exclusive license to use, reproduce, and transmit the Links provided by us. Any benefits resulting from your use of the Yes I'm a Designer name, logos, or trademarks, as incorporated into the Links, are solely for the benefit of Yes I'm a Designer and will not create any right, title, or interest for you.
We make no warranties whatsoever including, without limitation, any warranties of career advancement, merchantability, non-infringement, and make no representation that the operation of its sites will be uninterrupted or error-free and will not be liable for any consequences resulting from any interruptions or errors. We disclaim all liability for all materials or content on Referrer sites.
The Referrer agrees to defend, indemnify, and hold harmless the Yes I’m a Designer and their respective officers, directors, and employees from and against any liabilities, damages, losses, costs, expenses, or settlement fees, including reasonable attorneys’ fees and costs, arising out of any claim, suit, proceeding, demand, or action brought by a third party against the other Party as a result of alleged breach of its representations, warranties, or covenants provided in this Agreement or by gross negligence, bad faith, or willful misconduct.
Under no circumstances will our company (Yes I'm a Designer Limited) be liable to Referrer for indirect, incidental, punitive, consequential, special, or exemplary damages (even if such damages are foreseeable or we have been advised or have constructive knowledge of the possibility of such damages), arising form the performance or non-performance of Yes I'm a Designer, or arising from the operation ofour business; and the aggregate liability from Yes I'm a Designer Limited to the Referrer arising from or relating to this Agreement or the subject matter hereof, under any legal theory (whether in contract, tort, indemnity, or otherwise), will be limited to an amount equal to the fees that are owed to Referrer by Yes I'm a Designer Limited under the Terms of this Agreement.
We shall not be liable in damages any delay or default in performing hereunder if such delay or default is caused by conditions beyond our control including but not limited to acts of God, government restrictions, wars, insurrections, and/or any other cause beyond our reasonable control including mechanical, electronic, technical or communications failure.
This Agreement is to be construed in accordance with and governed by the internal laws of the United Kingdom, without giving effect to any choice of law rule. Yes I'm a Designer Limited agrees that courts located in London, United Kingdom shall have exclusive jurisdiction and venue of any disputes arising from this Agreement. Parties warrant that they will conduct their business in accordance with all applicable European and United Kingdom laws.
The provisions of this Agreement constitute the entire Agreement between the Parties and shall supersede all prior oral or written agreements or understandings relating to this subject matter.
You agree to all Terms and Conditions above by submitting your application to our Affiliate Program.