As an authorized Affiliate of My Hero Creations, you agree to abide by the terms and conditions contained in this Agreement. Please read the entire Agreement carefully before registering and promoting My Hero Creations as an Affiliate. Your participation in the My Hero Creations Affiliate Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to My Hero Creations by your own website or personal referrals. 

1. Submitting Your Application

Once you submit your application you are bound by the terms of this agreement. When filling out the application you must provide accurate and complete information. We will evaluate each application and you will be notified of your acceptance or rejection. We may reject your application if we determine that you or your website is unsuitable for any reason. If selected, you agree to be added to an affiliate email list so you can receive all promotional emails regarding your affiliate program, terms, etc. We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions

Commissions will be paid once a month. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

3. Termination and/or Inappropriate Content

Affiliation can be immediately revoked for the following reasons regarding inappropriate/unsuitable content:

If your affiliation is approved, you may advertise your affiliate link and/or discount code using graphics and text links both on your website and within your email messages. You may also advertise the My Hero Creations site in online and offline classified ads, magazines, and newspapers. 

You may use graphics and texts provided to you by us or create your own as long as they are deemed appropriate (see condition 3).

5. Using My Hero Creations

“My Hero Creations," cannot be used as a part of an affiliate’s website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the affiliate account. 

6. Copyright and Trademark Infringement

My Hero Creations reserves the rights to seek legal action against affiliates that infringe our copyrights and registered trademarks, or that replicate our product designs under a different brand.

7. Terms of Agreement

The terms and conditions of this agreement will begin when your application has been submitted and will end when your affiliate account has been terminated. The terms may be modified by us at any time. If you do not agree with any modifications, you may ask to have your affiliation cancelled. Your continuing participation in the program will constitute your acceptance of any change.

8. Revocation of Affiliation

Affiliation will be cancelled if this contract is broken. Affiliation can be cancelled with no warning in cases of suspected fraudulent activity. If My Hero Creations affiliation is revoked, you cannot rejoin the program in the future.

9. Guidelines

Affiliates must abide by all state and federal consumer protection laws and regulations including the Federal Trade Commission Act and the CAN - SPAM Act. The FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such a connection is “fully disclosed.” We strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate our relationship with any non - compliant affiliates. 

10. Conflict of Interest Policy

Affiliate acknowledges that they will not promote, manufacture, distribute or sell any products which replicate the designs of products that are exclusive to My Hero Creations. My Hero Creations will legally pursue all parties associated with the manufacturing, distribution, and sale of counterfeit My Hero Creations products.

11. ‘Cookie - Stuffing’ Policy

“Cookie - Stuffing”, forced clicks, etc. is not permitted. “Cookie stuffing” is an unlawful strategy of generating affiliate sales. (IE: Use of cookie stuffing to cause tracking systems to conclude that a user has clicked through a qualifying affiliate link – and to pay commissions accordingly - even if the user has not actually clicked through any such link). Affiliates found using, employing or receiving this strategy will be immediately revoked and all commissions will be forfeited.

12. Indemnification

Affiliate shall indemnify and hold harmless My Hero Creations and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors, and assigns, including those licensed or authorized by My Hero Creations to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation , failure to disclose, or intentional misconduct of Affiliate.

13. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of the United State and the State of New Mexico. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Mora County, New Mexico.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

14. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the My Hero Creations Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

By filling out the application form you acknowledge that you have read and agree with the My Hero Creations Affiliate Program terms and conditions.