Terms of Service Agreement Overview
These terms govern your usage of the Kick Affiliate application, Creator Portal, and related platform services. By installing or accessing our services, you agree to these terms.
1. Acceptance of Terms
By installing the Kick Affiliate application from the Shopify App Store, accessing our website, creating an Affiliate account, or utilizing any services provided by Kick Affiliate, you agree to be bound by these Terms and Conditions (“Terms”).
If you are entering into these Terms on behalf of a business, merchant entity, or corporate organization, you represent and warrant that you have the legal authority to bind that entity. If you do not agree with any part of these Terms, you must immediately uninstall the application and discontinue use of the Service.
2. Description of the Service
Kick Affiliate is a software-as-a-service (SaaS) platform engineered for Shopify merchants to create, configure, track, and scale affiliate marketing, influencer partnerships, and referral networks.
Core Platform Features Include:
- Automated referral link and coupon code tracking.
- Multi-tier commission calculation and attribution rules engine.
- White-label Creator Portal for affiliate onboarding, dashboards, and payout data management.
- Webhook-driven order lifecycle reconciliation (fulfillments, returns, refunds, cancellations).
- Payout settlement tracking and reporting.
3. Account Eligibility & Responsibilities
3.1 Merchant Accounts & Payout Liability
- Installation & Access: Merchants must maintain an active Shopify store and authorize Kick Affiliate via Shopify OAuth.
- Accuracy of Program Terms: Merchants are solely responsible for configuring accurate commission percentages, holding periods, and discount codes.
Sole Liability for Affiliate Payouts
Kick Affiliate is a software platform, not a financial institution, bank, escrow agent, or money transmitter. Merchants are solely and exclusively responsible for reviewing, approving, funding, and paying commission balances owed to their affiliates. Kick Affiliate is not liable for unpaid affiliate commissions or payment disputes between merchants and affiliates.
3.2 Affiliate & Creator Accounts
- Age Requirement: Affiliates must be at least 18 years of age (or legal age of majority in their jurisdiction).
- Credential Security: Affiliates must maintain the strict confidentiality of password credentials and OTP verification codes.
- Accuracy of Payment Info: Affiliates are solely responsible for ensuring submitted payout records (PayPal email or bank details) are accurate. Kick Affiliate is not liable for misrouted funds due to erroneous creator input.
4. Affiliate Conduct, Marketing Rules & Legal Disclosures
4.1 Required Advertising Disclosures (FTC Compliance)
Affiliates must conspicuously disclose their commercial connection with the Merchant across all promotional channels (YouTube, Instagram, TikTok, blogs, podcasts) using clear statements or hashtags like #ad, #sponsored, or #affiliate positioned prominently before any affiliate link or coupon code.
4.2 Prohibited Marketing Practices
Affiliates and Merchants shall NOT:
5. Commission Tracking, Calculation & Adjustments
- Attribution Mechanics: Commissions are attributed using cookies/local storage (
_ref_creator) and Shopify order webhooks. Kick Affiliate is not liable for sales unrecorded due to browser ad-blockers, private modes, or custom checkout scripts. - Cancellations & Fraud: If a referred order is voided or flagged fraudulent, the associated commission is automatically adjusted or cancelled.
- Returns & Refunds: When orders are returned or cancelled, associated unpaid commissions are voided per Merchant store settings.
- Holding Periods: Merchants may enforce holding windows (e.g., 30 days) to accommodate delivery confirmation and return window expiration before commissions convert to approved balances.
6. Subscriptions, Fees & Shopify Billing
Kick Affiliate offers tiered subscription plans (Free, Pro, Premium) billed on 30-day (monthly) or 365-day (annual) intervals.
All recurring subscription charges are processed exclusively through Shopify’s official Billing API and appear directly on the merchant’s standard Shopify invoice.
Merchants can cancel their subscription at any time by changing plan tiers or uninstalling the app. Uninstallation immediately terminates recurring billing. Subscription fees are non-refundable except where required by law.
7. Intellectual Property Rights
Kick Affiliate, its source code, databases, algorithms, user interface components, trademarks, and documentation remain the exclusive intellectual property of Kick Affiliate (Techprob).
Merchants and Creators retain full ownership of their respective trademarks, product photography, logos, and promotional assets uploaded to or displayed via the Service.
8. Data Privacy & Security
Our collection, storage, and processing of personal data are governed by our Privacy Policy. By using Kick Affiliate, you acknowledge that your data will be handled in compliance with our Privacy Policy and relevant international regulations (GDPR, CCPA, PIPEDA).
9. Third-Party Integrations & Shopify Platform Dependency
The Service operates as an integrated app on the Shopify e-commerce platform. We are not liable for outages, API modifications, or service interruptions originating from Shopify Inc., hosting infrastructure, or third-party email providers. Users agree to comply with Shopify’s Acceptable Use Policy.
10. Disclaimer of Warranties
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KICK AFFILIATE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR UNPAID AFFILIATE COMMISSIONS).
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO KICK AFFILIATE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM EVENT.
12. Indemnification
You agree to defend, indemnify, and hold harmless Kick Affiliate, its directors, and officers from and against any claims, liabilities, losses, or legal costs arising from: (1) your violation of these Terms; (2) violations of advertising laws or FTC guidelines; (3) disputes between merchants and affiliates over commissions or payouts; or (4) infringement of third-party intellectual property rights.
13. Termination & Suspension
Merchants may terminate at any time by uninstalling the app. Kick Affiliate reserves the right to immediately suspend or terminate access without notice if a user engages in fraudulent conduct, cookie-stuffing, security attacks, or material breaches of these Terms.
14. Changes to These Terms
We reserve the right to revise these Terms at any time. When modified, the “Last Updated” date at the top will be revised. Continued use of Kick Affiliate after modifications constitutes binding acceptance of the updated Terms.
15. Governing Law & Jurisdiction
These Terms and any disputes arising out of them shall be governed by and construed in accordance with applicable laws without regard to conflict of law principles.
16. Contact Information
For legal inquiries, terms interpretation, or agreement notices:
Application: Kick Affiliate (Techprob)
Support & Legal: support@kickaffiliate.io
Website: https://kickaffiliate.com