PowerGPU Creator Program Terms of Service

Last edit made on 05/05/2023

The PowerGPU Creator Program Terms and Conditions (“Terms”) serve as an agreement (“Agreement”) between PowerGPU LLC (“PowerGPU”, “we”, “us”, or “our”) and the applicant (“you” or “your”) to become a participant (“Creator Program Member”) of the PowerGPU Creator Program (“Program”). No aspect of the Terms will be construed as establishing affiliation or employment with PowerGPU. Acceptance into the Program serves as an agreement to participation and does not establish the right to speak on behalf of PowerGPU.

Please read these Terms carefully. PowerGPU reserves the right to modify the Program and its Terms without prior notice. All participating Creator Program Members will be notified via email upon the implementation of any modification, and continued participation in the Program following such modification and notification will serve as indication of your acceptance of the modified Terms.

Purpose

The Program was created to give up-and-coming content creators who share our brand values the opportunity to support the brand and enjoy the opportunity of special promotions and programs. This Program was built as an organic way for content creators to get the chance at working their way to the official PowerGPU Partner Program.

Applications

The PowerGPU Creator Program Application (“Application”) and the PowerGPU Creator Program Onboarding Application (“Onboarding Application”)must be completed in their entirety to become a part of the Program. Upon submitting the Application and/or Onboarding Application, you agree that all information requested about you is answered truthfully. PowerGPU reserves the right to reject any Application and Onboarding Application at any time per our discretion.

Behavior & Obligations

You acknowledge and agree that your presence and participation in any digital and online space (“Content”) will be in accordance with the Terms and Conditions of each platform, whether currently existing or hereinafter contrived. Your presence in any medium, including but not limited to, live streams, photographs, videos, podcasts, vlogs, and/or written documentation in connection with the Program will not contain inappropriate, hateful, offensive, sexually explicit, defamatory, or unlawful subject matter; promote hatred, harm, or discrimination against any group or individual; or be inconsistent with the image and brand of PowerGPU.
You agree to have your likeness and Content shared both on any PowerGPU social platforms and other third party websites.
As a Creator Program Member, you grant non-exclusive and royalty-free rights and licenses to PowerGPU to feature or display your Content. Creator Program Members will follow the promotional agreement set forth by PowerGPU including, but not limited to, chat/bot commands, creatives below streams, and personal Program link in bio on social platforms. Creator Program Members will actively and consistently produce and put out Content to an extent deemed adequate to our discretion.

Commissions

Commissions will be paid quarterly. Any personal purchases will not be considered for commissions
Payments will only be sent for transactions that have been successfully completed and have not resulted in a refund/return/cancellation.
If your membership/participation in the program is terminated then the same payment schedule will follow as contracted and funds will be dispersed at the yearly quarter and not upon termination.

Termination

At sole discretion of PowerGPU, said membership/participation in the Program may be terminated. No membership/Program participation is guaranteed, indefinite or transferable. Program membership/participation can result in immediate termination and without warning. If your membership/participation is terminated then you are required to immediately remove any assets that have been provided by PowerGPU and/or display anything related to PowerGPU and the Program. If any particular content or asset being used is in PowerGPU’s opinion being abused or incorrectly then PowerGPU has the right to request such content and assets to be taken down and removed.

Coupon and Deal Sites

PowerGPU LLC occasionally offers coupons to select Creator Program Members and to our newsletter subscribers. Below are the terms that apply for any Creator Program Member who is considering the promotion of our products in relation to a deal or coupon:

• Creator Program Members may not use misleading text on Program links, buttons or images to imply that anything besides currently authorized deals to the specific Creator Program Member.
• Creator Program Members may not bid on PowerGPU LLC Coupons, PowerGPU LLC Discounts or other phrases implying coupons are available.
• Creator Program Members may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set Program cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
• User must be able to see coupon/deal/savings information and details before an Creator Program Members cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
• Creator Program Member sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Creator Program Members with such text on the merchant landing page will be removed from the program immediately.

Feedback

Suggestions or other feedback in relation to the Program are not obligatory. However, by providing any suggestions or other feedback, you hereby grant PowerGPU the right to utilize and implement such suggestions and other feedback for any purpose and to any extent.

Privacy & Third-Party Services

By submitting the Application and Onboarding Application, you agree to the use of the content and information in your Application and Onboarding Application to verify adherence of the Terms and accuracy of the information provided in your Application, contact you in regards to the Program, and share the information with authorized PowerGPU employees and third-parties as needed (as detailed in PowerGPU’s Privacy Policy).

The engagement of third-party services and providers at the discretion of PowerGPU may be used in relation to the Program and Application. Such third-party services may be used to host, process, and administer content and information regarding the Program and Application, interact with you, and other related processes.

Liability

PowerGPU LLC will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Program tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Creator Program Member account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Program account. Your continuing participation in the Program will constitute your acceptance of any change.

Indemnification

Creator Program Member shall indemnify and hold harmless PowerGPU LLC and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by PowerGPU LLC 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 Creator Program Member.

Electronic Signature

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