Lucid Affiliates Terms of Service
Thank you for your interest in becoming a part of the Lucid Software affiliate program; our affiliates are very important to us. We wrote the following agreement with your success in mind, as well as to ensure our brand is protected. Should you have any questions or concerns, please do not hesitate to reach out to our affiliate manager at firstname.lastname@example.org. We look forward to a successful partnership.
By completing and signing this form, and upon acceptance, you ("you") will become an affiliate and are bound by the terms of this agreement. Your participation in the program is solely for the purpose of legally advertising Lucid Software and its products to receive a commission on products purchased by your referred individuals ("affiliate").
It is understood that you will introduce the Lucid software inc. ("lucid software") products Lucidchart and Lucidspark to your current and prospective website visitors and will comply with all laws, including, but not limited to, email marketing and anti-spam laws and regulations. Lucid software reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code according to the designated payment schedule.
Either you or Lucid Software may terminate the affiliate relationship at any time. You are only eligible to earn affiliate payments during your time as an approved affiliate. Lucid Software may change the program or service policies and operating procedures at any time.
You agree to indemnify, defend, and hold harmless lucid software, its subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any representation or obligation under these terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
This affiliate relationship is one of independent contractors. Lucid Software will not be liable for indirect, special or consequential damages arising in connection with this program and Lucid software's aggregate liability arising with respect to this program will not exceed the total referral fees paid or payable to you. Lucid Software makes no express or implied warranties or representations with respect to the program. In addition, Lucid software makes no representation that the operation of the services will be uninterrupted or error free, and Lucid Software will not be liable for the consequences of any interruptions or errors.
Lucid software is headquartered in the United States and the program is governed by US federal law and the state of Utah.
Revocation of affiliate status
Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
- inappropriate advertisements (false claims, misleading hyperlinks, etc. )
- illegal spamming (mass email, mass newsgroup posting, etc. )
- advertising on sites containing/promoting illegal activities
- violation of intellectual property rights
- inability to setup links or refer clients to Lucidchart and/or Lucidspark
- advertising on searches for the Lucidchart and/or Lucidspark brands
You may use graphic visuals and text links both on your website and in emails. The site may also be advertised "offline" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by Lucid software, or you may create your own as long as they are deemed appropriate according to the conditions above.
You will be provided custom tracking links, which are unique to you as an affiliate. When a user clicks on the unique link and visits the Lucidchart and/or Lucid Software website, an event will be fired within Lucid software's affiliate tracking and management system (PartnerStack) to track users and associate them with you as an affiliate. The tracking will take place with a tracking cookie and will be monitored for a 90-day period. Affiliates will not be rewarded for any users that begin a paying subscription outside of that 90 day window, or for any enterprise or variable team plans.
Lucidchart and Lucidspark is a pps (pay-per-sale) affiliate program; you will be paid a one-time commission based on the product level selected by net new customers upon initial registration. Affiliate partners will not be rewarded for referring users brought on to existing accounts (i.e. joining existing teams or enterprise accounts). Rewards will also not be made for any upgrade transactions (i.e. individual plan upgraded to a team 10 plan)
You will be paid $0 for any free trial or free account registrations, $9.95 for new individual monthly account registrations, $12 for new individual annual account subscriptions, $29.85 for new small teams (3-15 users) monthly account subscriptions, $36 for new small teams (3-25 users) annual account subscriptions, $149.25 for new large teams (20+ users) monthly account subscriptions, and $180 for new large teams (20+ users) annual account subscriptions, in accordance with the process explained below.
Payment is made on net 30 terms. At the end of each month, rewards will be calculated and available for cash-out via PayPal or Stripe. Before cashing out, you, the partner, must make sure that you have the correct PayPal email address or Stripe account linked in your Partner Dashboard. In addition to any other remedies that may be available to Lucid Software, in the event of any breaches of this agreement by you, you shall forfeit your rights to any amounts owed by Lucid Software to you. All payments will be made in USD $, and your selected payment provider will convert the rewards payment to your local currency.
Lucid software shall compile, calculate and electronically deliver data required to determine your billing and compensation. Any questions or disputes regarding the data or payout provided by Lucid software needs to be submitted in writing within five (5) business days of receipt of commission, otherwise the information will be deemed accurate and accepted as such by you.
Lucid software will only pay affiliates for commissions that are earned and tracked through their termination as an affiliate. Any affiliate that is removed from the program because of non-compliant behavior will not receive commissions from any referred customers.
Terms of the agreement
These terms will begin upon your signup with the program and will end when your affiliate account is terminated. The terms of this agreement may be modified by Lucid software at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
Lucid software will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or Lucidchart or Lucidspark’s websites. Lucid software does not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. Lucid software makes no claim that the operation of the affiliate program and Lucidchart and Lucidspark’s websites will be error-free and Lucid software will not be liable for any interruptions or errors.
By filling out and signing your application, you acknowledge that you have read the terms and conditions, understand, and agree with them.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate program and each offer and are not relying on any representation, guarantee or statement other than as set forth in this agreement or on the affiliate program.
This agreement sets forth the entire understanding between you and Lucid Software and supersedes any prior agreements or understandings, express or implied, pertaining to the terms of your relationship with Lucid Software. This agreement is made and entered into in the state of utah and shall in all respects be interpreted, enforced, and governed under the laws of said state, without giving effect to conflicts of laws principles, and the parties hereby consent to the
exclusive jurisdiction and venue in the state and federal courts in Salt Lake County, Utah to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Lucid affiliate hereby agrees to indemnify, defend and hold harmless affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that Lucid affiliate is not authorized to provide you with the links.