Custom Codey Affiliate Agreement
AFFILIATE AGREEMENT
This Affiliate Agreement ("Agreement") is entered into by and between Rebecca Harpain, dba Inside the Square LLC, located in Vancouver, Washington (“Company”), and the individual or entity accepting this Agreement (“Affiliate”). This Agreement sets forth the terms under which the Affiliate may promote the Company’s digital product, Custom Codey.
Background
The Company offers a digital product known as Custom Codey, an AI-powered assistant designed to help users customize their Squarespace websites. Hosted on OpenAI's ChatGPT platform, Custom Codey is trained to provide instant, tailored code solutions for various customization needs, including style modifications, layout adjustments, mobile responsiveness, and custom animations. Users can access Custom Codey by connecting it to their ChatGPT account, describe the desired customization, and receive immediate code snippets along with guidance on implementation. The service is available for a one-time payment of $30 USD, granting lifetime access. This Agreement outlines the terms under which the Affiliate may promote Custom Codey and receive commissions. This contract is a legally binding agreement to define expectations, compensation, and responsibilities. Custom Codey is a custom GPT operating on OpenAI’s ChatGPT platform. OpenAI terms & conditions apply. Click here for more details.
Program Eligibility
To be eligible for participation, the Affiliate must be at least 18 years of age and operate a legal business or personal brand. Participation is subject to approval by the Company, which reserves the right to deny or revoke access to the program at its sole discretion.
Commission and Payment Terms
The Affiliate shall receive a commission of $5.00 USD for each completed Custom Codey purchase made using the Affiliate’s unique promo code. The referred customer will receive a $5.00 USD discount. Promo code usage is the sole tracking method; no cookies or tracking links will be used. Commissions are calculated monthly and paid via PayPal no later than the 5th of the following month. For example, 20 referrals in June equals $100.00 USD paid by July 5.
Promotion Guidelines
The Affiliate may promote their code on their own website, email newsletters (with proper FTC disclosures), social media platforms, or private educational communities they manage. However, the Affiliate shall not promote via spam, deceptive or misleading advertising, paid search using the Company’s name or trademarks, or coupon/deal sites. Any violation of these terms may result in contract termination without payment.
Contact Information and Login Credentials
The Affiliate must provide current and accurate contact details, including a valid PayPal email. If provided with login credentials to any platform or dashboard, the Affiliate agrees to keep them secure and confidential.
Communication and Conduct
The Affiliate agrees to receive email communications from the Company regarding program updates. The Affiliate also agrees to represent the Company’s product with integrity and in accordance with applicable laws and platform-specific rules, including FTC guidelines for affiliate disclosure.
Intellectual Property
The Company grants the Affiliate a limited, revocable license to use approved logos, images, and language for promotion. All rights to Custom Codey, including branding, assets, and content, remain the exclusive property of the Company.
Warranties and Disclaimers
The Affiliate warrants they are legally able to enter into this Agreement and will promote in compliance with all applicable laws. The Company makes no warranties regarding earnings, program availability, or performance. Participation in the program does not guarantee income, and results may vary.
Limitation of Liability
To the maximum extent allowed by law, the Company shall not be held liable for indirect, incidental, or consequential damages arising out of participation in the affiliate program, including service interruptions or errors.
Security and Confidentiality
The Affiliate agrees to uphold basic standards of cybersecurity and will not share, misuse, or collect personal information regarding customers. The Affiliate further agrees not to disclose confidential program terms or data without written consent from the Company.
Independent Contractor Status
Nothing in this Agreement shall be construed to create a partnership, employment, agency, or joint venture relationship. The Affiliate is an independent contractor and bears full responsibility for their tax obligations and business conduct.
Term and Termination
This Agreement shall remain in effect until terminated by either party. Either party may terminate this Agreement at any time with written notice. The Company will pay any outstanding commissions accrued through the termination date.
Modifications
The Company reserves the right to modify the terms of this Agreement at any time. Affiliates will be notified of changes by email, and continued participation constitutes acceptance of any updated terms.
Dispute Resolution and Governing Law
Any disputes arising under this Agreement shall be submitted to binding arbitration in Clark County, Washington, in accordance with the rules of the American Arbitration Association. This Agreement shall be governed by and interpreted under the laws of the State of Washington.
Notices
Notices under this Agreement shall be delivered electronically to the contact email provided by each party.
Indemnification
The Affiliate agrees to indemnify, defend, and hold harmless the Company from and against any third-party claims arising from the Affiliate’s breach of this Agreement or violation of applicable law.
Non-Disparagement
The Affiliate shall not publicly or privately disparage the Company or its products, services, or reputation.
Severability and Waiver
If any part of this Agreement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. No waiver of any breach shall be deemed a waiver of any other or subsequent breach.
Force Majeure
The Company shall not be held liable for delays or failure to perform resulting from events beyond its reasonable control, including but not limited to natural disasters, war, labor strikes, or internet outages.
Assignment and Entire Agreement
The Affiliate may not assign or transfer their rights under this Agreement without prior written consent. The Company may assign this Agreement to a successor entity. This Agreement constitutes the full and complete agreement between the parties, superseding all prior discussions or understandings.
All Rights Reserved
The Company reserves all rights not expressly granted herein.
By participating in the Custom Codey Affiliate Program, the Affiliate agrees to all terms set forth in this Agreement.