Creator Partner Agreement
The terms under which a creator promotes products sold by World Plush Inc and earns commission on attributed sales.
1. Parties and acceptance
This Creator Partner Agreement (the “Agreement”) is between World Plush Inc (“we”, “us”) and the individual or business that accepts it in the partner portal (“you”). You accept by typing your full legal name and clicking “Accept” in the portal; your typed name, the date and time, and the version of this Agreement you accepted are recorded, and together they are your electronic signature.
2. What the program is
We invite creators to share our products and stories with their audiences. When a purchase is attributed to you under Section 4, you earn a commission under Section 5. Joining the program does not guarantee any number of sales, any payment, or any renewal.
3. Eligibility and onboarding
To take part you must (a) be at least 18 years old; (b) live in the United States; (c) complete each onboarding step in the portal in order — accepting this Agreement, acknowledging the disclosure terms, and providing a valid tax form; and (d) keep the information you give us accurate. We may decline or pause an application at our discretion. Commission only accrues once your account is active.
4. Attribution
A sale is attributed to you when the order carries your partner code at checkout. When a buyer arrives through your link, your code is kept on that browser for 30 days, and an order placed on that browser within those 30 days carries your code. A buyer who blocks or clears cookies, or who orders from a different browser or device, does not carry your code. Where an order is re-sent to us by the store without a code, we keep the code it carried when first received. We do not infer attribution from discount codes. Where two partner codes could apply, the one on the order at checkout controls. Our records of attribution are final absent manifest error.
5. Commission
Unless a different rate has been agreed with you in writing in the portal, commission is 20% of the order’s net merchandise amount (what the buyer paid for the products in the attributed order after discounts, not including shipping or sales tax). Commission on each order becomes payable 30 days after the order date (the “hold period”). We may set a different rate, basis, hold period or minimum payout for you individually; the terms that apply to you are shown in your portal, and a change applies only to orders placed on or after the date it takes effect.
6. Refunds, cancellations and reversals
If an attributed order is refunded, cancelled or charged back, the commission on it is reversed. If the commission was already paid, the reversal is set off against your future commission. Commission is not earned on test orders, orders you place for yourself, or orders we reasonably believe were generated by fraud or in breach of this Agreement.
7. Payouts
You may request a payout once your payable balance (commission past its hold period, less reversals) reaches the minimum payout shown in your portal. We pay approved requests within 15 days by PayPal, to the PayPal account you give us in writing. You are responsible for any fees your payment provider charges you. If your account is closed with a payable balance below the minimum, we pay that balance if it is US$10 or more, and a smaller balance is forfeited; where the account is closed for breach, Section 13 applies instead.
8. Disclosure of the relationship
You must clearly and conspicuously disclose your relationship with us in every post, video, story or message that promotes our products, in a way your audience will notice and understand before they act (for example, “#ad” or “Paid partnership” at the start of the caption or spoken at the start of the video), consistent with the U.S. Federal Trade Commission’s Endorsement Guides and each platform’s branded-content tools. You must acknowledge the disclosure terms in the portal before your account becomes active. We may pause commission on content that is not properly disclosed.
9. What you may not say or do
You may not: (a) make any claim that a product is safety-tested, certified, compliant with any standard, or suitable for any age group, unless we have given you that exact wording in writing; (b) make health, medical or therapeutic claims; (c) send unsolicited bulk email, SMS or direct messages promoting us; (d) bid on our brand names or confusingly similar terms in paid search; (e) create sites, accounts or handles that could be mistaken for ours; (f) offer discounts or promotions we have not authorised; (g) target content at children under 13; or (h) post content that is unlawful, hateful, deceptive, or infringes anyone’s rights.
10. Content and brand assets
We grant you a limited, revocable, non-exclusive licence to use the product images, character artwork, names and logos we provide, only to promote our products during this Agreement and only as we direct. You keep ownership of the content you create. You grant us a non-exclusive, royalty-free, worldwide licence, for the term of this Agreement and for 12 months after it ends, to reshare, embed and quote your content that promotes our products, with credit to you, on our own sites and social accounts. We will not use your content in paid advertising without your separate written permission.
11. Taxes and independent-contractor status
You are an independent contractor, not our employee, agent or partner in a legal sense. You are responsible for your own taxes. We will ask for a Form W-9 (U.S. persons) or W-8 series form (non-U.S. persons) before your account becomes active, and we may withhold or report payments as required by law.
12. Personal data
We process the contact, payout and tax information you give us to run the program, as described in our Privacy Policy. Buyers’ personal information stays with us; you will not receive it. You must not collect personal data from buyers on our behalf.
13. Term, pause and termination
This Agreement starts when you accept it and continues until either party ends it. You may end it at any time in writing. We may pause or end it at any time, with immediate effect if you breach Sections 8, 9 or 10. On termination, commission on attributed orders placed before the termination date remains payable under Sections 5–7. The one exception: unpaid commission is forfeited where we end this Agreement because you (a) committed fraud, or placed or arranged orders in order to earn commission on them; (b) did not make the disclosures Section 8 requires; or (c) made false or misleading claims about our products in breach of Section 9.
14. Changes to this Agreement
We may update this Agreement. We will tell you in the portal and by email at least 30 days before a change takes effect; changes to commission apply only to orders placed after they take effect. If you do not agree, you may end the Agreement before the change takes effect.
15. Warranties, liability and indemnity
Each party confirms it has the right to enter this Agreement. The program is provided “as is”. To the extent the law allows, neither party is liable for indirect or consequential losses, and our total liability under this Agreement is limited to the commission paid or payable to you in the 12 months before the claim. You will indemnify us against claims arising from your content or your breach of Sections 8 or 9.
16. Governing law and disputes
This Agreement is governed by the laws of the State of California, without regard to conflict-of-laws rules. Any dispute under this Agreement will be brought in the state or federal courts located in San Bernardino County, California, and each party accepts the jurisdiction of those courts.
17. General
This Agreement, the disclosure terms you acknowledge in the portal and the terms shown for you in the portal are the whole agreement between us about the program. If any part is unenforceable, the rest remains in effect. Notices to you go to the email on your partner profile; notices to us go to peter@plushitos.com.