Partner terms

Affiliate Partnership Terms and Code of Conduct

The standard terms for applying to and participating in the CreateMomento Affiliate Partnership Program.

Document summary

Please read these terms carefully. They form a binding agreement when you affirmatively accept them through the required agreement checkbox and submit your application, or when you sign a Partner Schedule that incorporates them. They include an individual arbitration agreement and class action waiver.

Submitting an application does not guarantee acceptance. CreateMomento may approve or reject an application. If CreateMomento and a Partner sign a separate Affiliate Partnership Agreement or Partner Schedule, that signed document controls any conflicting partner-specific commercial term.

1. Application, eligibility, and relationship

  • You must be at least 18 years old, have legal capacity to contract, and provide accurate and complete application, tax, payment, and contact information.
  • If you apply for a business, you confirm that you are authorized to bind that business.
  • Participation begins only after CreateMomento approves the application in writing or countersigns an applicable Partner Schedule.
  • The relationship is non-exclusive. You are an independent contractor, not an employee, agent, franchisee, joint venturer, or legal representative of CreateMomento.
  • You may not quote non-public terms, accept orders, collect money for CreateMomento, change customer agreements, or make commitments on behalf of CreateMomento.
  • CreateMomento may request reasonable identity, business-registration, sanctions, tax, payment, or authority verification before approval or payment.

2. Standard recurring commission schedule

The current standard recurring commissions are USD $150 for Essentials, USD $200 for AI Pro, and USD $250 for All-In-One for each eligible paid month. These are fixed dollar amounts, not percentages of the customer price.

A commission continues for the Subscription Lifetime. This means only while the specific referred subscription remains active, paid, eligible, unpaused, and in good standing. It does not mean the lifetime of the customer, Partner, CreateMomento, account owner, or business, and it does not guarantee any minimum duration or amount.

  • A Qualified Subscription is a new eligible referred subscription that remains active, paid, unpaused, and in good standing throughout the 45-day qualification period.
  • Once qualified, commissions are credited retroactively to eligible paid periods beginning with the first period for which CreateMomento received and retained payment.
  • A discounted, credited, partially refunded, or partial billing period reduces the fixed commission in the same proportion. The commission never exceeds the eligible plan fee actually collected and retained for that period.
  • Taxes, trials, refunds, chargebacks, failed payments, implementation, consulting, managed services, usage charges, add-ons, and third-party products are excluded unless a signed Partner Schedule says otherwise.
  • If a Qualified Subscription upgrades or downgrades among eligible plans, its commission changes to the fixed amount for the new plan beginning with the first full paid period on that plan. The same Subscription Lifetime continues.
  • CreateMomento issues monthly statements and pays approved amounts by the 15th day of the following month, or the next business day, subject to a USD $50 payment threshold. A smaller approved balance carries forward and is not forfeited solely because it is below the threshold.
  • CreateMomento may change the standard schedule for future referrals with at least 30 days written notice. A rate already assigned under these Terms to an existing Qualified Subscription remains protected for its Subscription Lifetime, subject to the eligibility, adjustment, and termination rules.

3. Qualified referrals and attribution

  • A referral must use the Partner's assigned tracking link or code, or a complete referral-registration method that CreateMomento approves before purchase.
  • A confirmed registered referral is protected for 90 days. If no protected registration exists, the last valid partner click during the 90 days before purchase controls.
  • Existing customers, prospects already in documented active sales engagement, self-referrals, related-party purchases made to obtain a commission, test accounts, fraudulent transactions, and duplicate claims do not qualify unless CreateMomento approves an exception in writing.
  • CreateMomento may resolve duplicate or disputed referrals using tracking, registration, customer-intent, CRM, and communication records. A Partner must report a statement or attribution dispute within 90 days.
  • Tracking may fail when links are changed, cookies are blocked or deleted, private browsing is used, information is incomplete, or the customer does not use the assigned link or code.

4. Honest marketing and required disclosures

Every endorsement and promotion must be honest, accurate, current, and supported. The paid relationship must be disclosed clearly and conspicuously near the endorsement or referral link.

Recommended starting language is: "I earn a commission if you purchase through my link."

  • Place the disclosure where an ordinary person will notice it without opening another page, expanding hidden text, or searching for a hashtag.
  • For video or livestream promotions, use an appropriate visible and audible disclosure. Repeat it when viewers could join after the beginning.
  • Do not promise revenue, leads, savings, rankings, compliance, uptime, customer results, business success, or affiliate earnings.
  • Do not describe the Program as an investment, franchise, passive-income system, guaranteed opportunity, or business-in-a-box.
  • Do not use "lifetime commission" without the complete Subscription Lifetime limitation in Section 2.
  • Use only current CreateMomento-approved product descriptions, prices, proof, claims, and brand materials.

5. Email, calls, texts, and automated outreach

The Partner is responsible for consent, content, sender identification, opt-outs, time-of-day restrictions, do-not-call rules, suppression records, and all other legal requirements for Partner-originated outreach.

  • Do not send unsolicited bulk email, text messages, direct messages, robocalls, ringless voicemail, or other spam.
  • Marketing email must use accurate sender and subject information, identify advertising when required, include the sender's valid postal address, and provide a working opt-out.
  • Marketing calls and texts require the consent required by applicable law. Preserve evidence of consent and opt-outs.
  • CreateMomento may send necessary application, onboarding, compliance, statement, payment, and program-administration messages. Optional promotional communication consent must be collected separately when required by law.
  • Using a vendor or automated tool does not transfer the Partner's legal responsibility to CreateMomento.

6. Brand and intellectual property

  • CreateMomento retains all rights in its names, marks, content, software, systems, designs, documentation, and marketing materials.
  • An approved Partner receives a limited, non-exclusive, non-transferable, revocable license to use current approved materials only for the Program.
  • Do not alter CreateMomento marks, create confusing pages, impersonate CreateMomento, or use a CreateMomento name in a domain, app, social handle, or paid-ad identity without written approval.
  • Do not bid on CreateMomento marks, directly link paid ads to checkout, or offer unauthorized discounts, coupons, rebates, gifts, contests, trials, or bonuses.
  • Stop using CreateMomento links, marks, and materials when approval is suspended or the relationship ends.

7. Confidentiality and non-public business information

Confidential Information includes non-public business methods, pricing and margin strategy, customer and prospect information, processes, playbooks, prompts, automations, workflows, system architecture, credentials, security controls, demonstrations, roadmaps, unreleased materials, and non-public third-party or commercial relationships or terms.

  • Use Confidential Information only to perform approved Program activities and share it only with people who need it and are bound to protect it.
  • Do not publish, sell, reverse engineer, record, capture, distribute, or use Confidential Information to create or support a competing or substantially similar service.
  • Do not identify, speculate about, or publicize any non-public third-party or commercial relationship learned through the Program. Refer questions about non-public business relationships to CreateMomento. Nothing in these Terms requires a false statement.
  • Do not upload Confidential Information to an artificial-intelligence tool unless CreateMomento approves the specific tool, private-workspace configuration, and use in writing.
  • Return or securely delete Confidential Information when requested or when participation ends. These duties last five years, while trade secrets remain protected for as long as the law recognizes them as trade secrets.

8. Privacy and security

Collect only the personal information needed for a legitimate referral. Provide required privacy notices, obtain required permission, restrict access, use reasonable safeguards, and securely delete information when it is no longer needed.

  • Do not submit tax forms, banking information, passwords, health information, government identifiers, or other sensitive information through an ordinary referral form.
  • Report a suspected unauthorized access, loss, or disclosure related to the Program within 24 hours, or as soon as reasonably possible if circumstances prevent notice within that period.
  • Comply with applicable privacy, data-transfer, security, and consumer-rights requirements in every approved market.

9. Prohibited conduct and markets

  • No self-referrals, cookie stuffing, forced redirects, source masking, link manipulation, fake or duplicate leads, attribution manipulation, or account transfers designed to generate a commission.
  • No fabricated reviews, fake personas presented as customers, undisclosed insider reviews, misleading comparisons, deceptive scarcity, or suppression of negative feedback.
  • No sub-affiliate network, referral network, or delegation of Program rights without written approval.
  • Do not associate the Program with unlawful activity, fraud, malware, hate, threats, violence, sexual exploitation, deceptive impersonation, or content reasonably likely to damage the CreateMomento brand.
  • Do not transact with sanctioned persons or comprehensively sanctioned jurisdictions, or violate export, anti-corruption, anti-bribery, or money-laundering laws.
  • A Partner outside the United States, or promoting into another country, may participate only after CreateMomento confirms the approved countries, payment onboarding, and any required country addendum in writing.

10. Statements, taxes, holds, and corrections

The Partner is responsible for taxes, registration, invoices, payment-provider requirements, and ordinary receiving or conversion fees. CreateMomento may withhold and report amounts when required by law.

CreateMomento may hold a specifically disputed amount while investigating fraud, attribution, refunds, chargebacks, sanctions, taxes, security, or noncompliance. Undisputed approved commissions remain payable.

An invalid payment may be offset against future commissions. If future commissions are insufficient, the Partner must return the documented balance within 30 days after notice. A commission becomes final 180 days after the customer payment, except for fraud or a longer mandatory legal or payment-network period.

11. Monitoring, suspension, and termination

CreateMomento may review public promotions and request substantiation, disclosure changes, correction, removal, consent evidence, or other reasonable compliance records. The Partner is responsible for people and vendors acting through the Partner.

Either party may end participation with 30 days written notice. CreateMomento may suspend new referrals while investigating a material legal, fraud, security, sanctions, privacy, confidentiality, brand, or attribution concern. For a breach that can reasonably be corrected, CreateMomento will give written notice and 10 days to cure before termination. No cure period applies to fraud, unlawful conduct, intentional attribution manipulation, a material data or security incident, or a material breach of confidentiality.

Existing Qualified Subscriptions continue earning commissions for their Subscription Lifetime after termination, including termination for cause, except that serious misconduct eliminates commissions directly obtained through that misconduct. Legitimate commissions unrelated to the misconduct remain payable. CreateMomento may hold only the reasonably disputed amount while the issue is resolved.

After termination, a pre-termination protected referral may qualify only if the customer purchases within 30 days. No later referral qualifies unless CreateMomento approves it in writing.

12. Disclaimers, liability, and indemnification

CreateMomento does not guarantee referrals, conversions, commissions, revenue, customer retention, availability, or business results. The Program and materials are provided on an as-available basis to the fullest extent permitted by law.

Neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages. CreateMomento's total liability is limited to the greater of $1,500 or commissions paid or payable during the six months before the event, except where a limitation is prohibited by law or for obligations that the signed agreement expressly excludes from the limit.

The Partner will defend and indemnify CreateMomento from third-party claims caused by the Partner's advertising, messages, content, data handling, fraud, legal violations, or breach of these Terms. CreateMomento will control the defense while reasonably consulting the Partner.

13. Electronic acceptance and program records

You consent to use electronic records and signatures for the Program. You may download or print these Terms before accepting them.

When an application presents a required agreement checkbox, checking it and submitting the application is your electronic acceptance. The acceptance record may include your name, business, email address, timestamp, Terms effective date, IP address, device information, and the exact consent text presented.

Application acceptance does not replace a Partner Schedule when CreateMomento requires one. A completed electronic-signature record and signed PDF may be retained with the Partner record.

14. Changes, disputes, and general terms

CreateMomento may update these Terms with at least 30 days written notice before a material change takes effect, unless a shorter period is required by law or needed to stop fraud, security harm, or unlawful activity. Changes are prospective and never reduce a commission already assigned to an existing Qualified Subscription.

Before starting a formal dispute, a party must give written notice describing the issue and requested resolution, then allow 30 days for good-faith resolution. Unless a signed Partner Agreement says otherwise, Georgia law governs, except for mandatory law that cannot be displaced.

Except for an eligible individual small-claims action or urgent temporary relief, unresolved disputes will be decided by one arbitrator. The American Arbitration Association will administer U.S. disputes under its Commercial Arbitration Rules, and its International Centre for Dispute Resolution will administer cross-border disputes under its International Arbitration Rules. The legal seat is Atlanta, Georgia, the language is English, and proceedings are individual rather than class, collective, or representative proceedings to the fullest extent permitted by law.

Neither party is liable for a delay caused by events beyond reasonable control. If one provision cannot be enforced, the remaining provisions continue. Failure to enforce a provision once is not a waiver. The Partner may not transfer these Terms or commissions without written consent.

These Terms, the Privacy Policy, applicable website Terms of Service, and any signed Affiliate Partnership Agreement, Partner Schedule, or country addendum form the complete agreement for the Program. A signed document controls a conflicting partner-specific term.

Program questions and compliance notices: [email protected]. Formal legal notices must follow any signed Partner Agreement or Partner Schedule.