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Skylum Affiliate Program Terms of Use

Last updated November 7, 2024.

Our affiliate partners, like yourself, are an important part of our business. We focus on treating our partners with respect. The following agreement sets out the mandatory rules of the Skylum Affiliate Program – please comply with it at all times. For questions or support please email us at [email protected].

RESTRICTIONS AND PROHIBITIONS The following conduct will either result in our denial of your application to be in the Skylum Affiliate Program or will result in termination if you are already in the Skylum Affiliate Program.

  1. Do not apply if your Source (as defined below) currently promotes or may in the future contain: sexually explicit materials, violence, discrimination, and/or used to promote or conduct illegal activities.
  2. We do not approve affiliate agreements with distributors of browser toolbars or shopping assistance extensions.
  3. Your content containing affiliate links or coupons must comply with FTC's Endorsement Guidelines.
  4. Branded paid search campaigns in Google Adwords targeting our brand names, such as, but not limited to: Skylum, Luminar, Aperty, etc.
  5. Paid search campaigns containing our trademarks in systems other than Google Adwords.
  6. Fraud.
  7. Spam.
  8. Cybersquatting, typosquatting.
  9. Coupon usage is limited. Please see paragraph 9 of the Agreement for details.

REFERRAL AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SKYLUM SOFTWARE, INC. (REFERRED TO AS “SKYLUM”). BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND AND RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

  1. Overview. This Agreement contains the complete terms and conditions that apply to you becoming an affiliate ("Affiliate") in the Skylum Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website, social media accounts or other channels (collectively, “Sources”) and the Skylum website. Please note that throughout this Agreement, "we," "us," and "our" refer to Skylum, and "you," "your," and "yours" refer to you as the Affiliate.
  2. Affiliate Obligations
    1. 2.1 To begin the enrollment process, you will complete and submit the online application at the Impact.com server. All applications are approved manually by our team. We may reject your application at our sole discretion and will do so if you:
      1. 2.1.1 display sexually explicit materials;
      2. 2.1.2 display violence;
      3. 2.1.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other criteria;
      4. 2.1.4 promote or engage in illegal activities;
      5. 2.1.5 incorporate any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law;
      6. 2.1.6 include "Skylum", “Luminar”, Aperty, or variations or misspellings thereof in any domain name that you use or control;
      7. 2.1.7 otherwise in any way engage in unlawful, harmful, threatening, defamatory, libelous, obscene, harassing, or fraudulent conduct, or other conduct which may be discriminatory to us in our sole discretion;
      8. 2.1.8 use software downloads that potentially enable diversions of commission from other members of the Skylum Affiliate Program;
      9. 2.1.9 create or design your website or any other website that you operate or control explicitly or implicitly in a manner that resembles our website or design your website in a manner that leads customers to believe you are Skylum or any of our other affiliated businesses.
    2. 2.2 As a member of the Skylum Affiliate Program, you will have access to an account, where you will be able to review the Skylum Affiliate Program's details, download text and banner creative material, browse and get tracking codes for our deals. In order for us to accurately keep track of all guest visits from your Sources to ours, you must use the HTML code that we provide for each banner, text link, or other Affiliate link we provide you with.
    3. 2.3 Skylum reserves the right, at any time, and for any reason or without one, to terminate your participation in the Skylum Affiliate Program and block your HTML link.
    4. 2.4 The maintenance and the updating of your Sources is your responsibility.
    5. 2.5 It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your Sources. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be held responsible if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights. You agree to indemnify and hold us harmless from any damage, liability, expenses or costs for any claims arising out of your acts or alleged acts which allege any intellectual property rights infringement by you.
    6. 2.6 All members in the Skylum Affiliate Program must be compliant with all relevant laws and regulations, including, without limitation, the Federal Trade Commission (FTC) guidelines on testimonials and endorsements.
  3. Skylum Rights and Obligations
    1. 3.1.1 We may monitor your Sources to determine if you are following the terms and conditions of this Agreement. We have the right to terminate your participation in the Skylum Affiliate Program if you engage in any of the conduct set forth in Section 2 of this Agreement, otherwise violate the terms and conditions of this Agreement, or for no reason at all in our sole discretion. If we terminate this agreement for breach, Skylum shall not be liable to you for any commissions commencing on the date of your breach, regardless of when this agreement is terminated.
    2. 3.1.2 This Agreement will begin upon our acceptance of your application and will continue unless terminated hereunder.
  4. Termination.Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. If we terminate for breach we may also pursue any and all legal and/or equitable remedies.
  5. Modification.We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, we may notify you by email or by making the updated agreement available on our website. If any modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in the Skylum Affiliate Program following the notice or the posting of our new Agreement on our site will indicate your agreement or rules to the changes.
  6. Payment.Skylum uses a third party, Impact.com, to handle tracking and payment for the Skylum Affiliate Program. Please review Impact.com payment terms and conditions before entering into this agreement.
  7. Access to Account Interface.Sign up for an account via Impact.com to get access to an account interface.
  8. Promotion Restrictions
    1. 8.1 You are free to promote your own Sources, but naturally any promotion that mentions Skylum could be perceived by the public or the press as a joint effort. Certain forms of advertising are always prohibited by Skylum. For example, "spamming" is unacceptable to us and could cause damage to our brand. Other generally prohibited forms of advertising include the use of unsolicited commercial email, postings to noncommercial newsgroups, or cross-posting. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Skylum products so long as the recipient is already a customer or subscriber of your services or Sources, and recipients have the option to remove themselves from future mailings. You may also post to newsgroups to promote Skylum products so long as the newsgroup specifically welcomes commercial messages. Spamming is a cause for an immediate termination of this Agreement and your participation in the Skylum Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
    2. 8.2 Pay-Per-Click advertising in Google Adwords is strictly prohibited. Other systems for Pay-per-Click advertisements may be used subject to the terms stated in Section 8.3 below.
    3. 8.3 You are not permitted to bid in Pay-Per-Click campaigns on keywords such as Skylum, skylum.com, Luminar, Luminar Neo, Luminar AI, Luminar 3, Luminar 4, Aurora HDR, Photolemur, Airmagic, AI Accent, AI Sky Replacement and/or any misspellings or similar alterations of these -- be it separately or in combination with other keywords or if you are a Coupon Affiliate (as defined in Section 9 below) in combination with + coupon, + discount and similar key phrases. Bidding on those keywords will be considered trademark violation and your account will be terminated from the Skylum Affiliate Program.
    4. 8.4 You are not prohibited from keying in a prospect's information into the lead form as long as the prospects' information is real and true and these are valid leads (i.e., sincerely interested in products from Skylum).
    5. 8.5 You shall not transmit any so-called "interstitials," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations and/or Add-ons," "Shopping Wallets," or deceptive pop-ups and/or pop-unders to consumers from the time the consumer clicks a qualifying link until such time as the consumer has fully exited Skylum site (i.e., no page from our site or any Skylum content or branding is visible on the end user's screen). As used herein "Parasitic Marketing" shall mean an application that (a) through accidental or direct intent causes the overwriting of Affiliate and non- Affiliate commission tracking cookies through any other means than a customer-initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, Bing, Yahoo, and similar search or directory engines); (c) set commission tracking cookies through loading of Skylum site in IFrames, hidden links, and automatic pop ups that open Skylum site; (d) targets text on websites, other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100 percent owned by the owner of the application.
    6. 8.6 If you are found to be cybersquatting or typosquatting (also called URL hijacking) on trademark-related domains (such as described in section 8.3) you will be terminated and any commissions accrued to you, but unpaid, will be forfeited.
    7. 8.7 Direct linking (URL hijacking). Using direct links to skylum.com is prohibited. Affiliates should use only their specially provided affiliate link, which includes their affiliate ID and their tracking information.
    8. 8.8Negative keywords. Affiliates must exclude all restricted branded keywords (such as described in section 8.3) from any paid search advertising, to prevent the search engine(s) from accidentally auto-matching affiliate’s ad to a restricted keyword.
    9. 8.9 Prohibition of the concealing tactics. Affiliates are prohibited from using evasion tactics to hide the affiliate link when the visits are from search engine editorial bots checking on paid ads.
    10. 8.10 In your advertisement (including, but not limited to Google Ads platform), you must not bid on any of Skylum branded keywords, including, without limitation:
      1. 8.10.1 Skylum;
      2. 8.10.2 Luminar;
      3. 8.10.3 Luminar AI;
      4. 8.10.4 Luminar 4;
      5. 8.10.5 Luminar Neo;
      6. 8.10.6 Macphun; and
      7. 8.10.7 Aperty; and
      8. 8.10.8 Aurora HDR.
  9. No Representation. At all times, you must clearly represent yourself and your Sources as independent from Skylum. Do not create the impression that they are our Skylum representatives. Clearly state that they are an independent party. Do not call yourself an ambassador unless you have an explicit ambassador agreement with Skylum.
  10. Brand Guidelines. You must, at all times, comply with Skylum Brand Guidelines attached hereto as Exhibit A. Non-compliance may lead to termination of this agreement, and you will not have the right to any commissions or other payments starting from the moment of violation. We also reserve the right to take other legal actions to remedy the violation as we may find appropriate.
  11. Promotion Restrictions for Coupon Affiliates.A "Coupon Affiliate" is an Affiliate whose business model substantially consists of making coupons available. Whether you are classified as a Coupon Affiliate shall be determined by Skylum in its sole discretion. Factors that may lead to classification as "Coupon Affiliate" include, but are not limited to (i) the presence of coupon offerings, especially from many different merchants, on the Affiliate's Sources, especially if such coupons represent many different merchants and/or are indexed or are organized in a directory; (ii) the presence of certain words (or variations or misspellings thereof) in the Source's URL or prominently featured in the Source's content, such as "coupons," "deals" or "savings"; (iii) a Source that is focused on other merchants and the discounts or promotions offered by them, rather than on products, and that features little original, human- generated content.
    1. 11.1 If you are a Coupon Affiliate you are only allowed to use only coupon offers and promo materials provided via Impact.com. Text links may be used in e-mail communication with Coupon Affiliate users. You are prohibited to use text links on Coupon Affiliate Source unless the page where this coupon offer is used has the following meta tag in the section of the page: "no index".
    2. 11.2 Use of unauthorized links or coupon codes (those links or codes not specifically provided to you through Impact Radius) by us is prohibited.
    3. 11.3 You are not allowed to use keywords such as Skylum, skylum.com, Luminar, Luminar 3, Luminar 4, Aurora HDR, Photolemur, Airmagic, AI Accent, AI Sky Replacement, Aperty and/or any misspellings or similar alterations of such keywords be it separately or in combination with + coupon, + discount and similar key phrases in the domain names. Such actions will be considered trademark violations and you will be terminated.
    4. 11.4 Posting coupon offers on your Sources with "reveal the coupon code " or similar phrase that stimulates visitors to click to reveal a coupon code and go to the Skylum's site is prohibited.
  12. Grant of Licenses.We grant to you a nonexclusive, non transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Skylum Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Skylum and the goodwill associated therewith will inure to the sole benefit of Skylum.
  13. Disclaimer.SKYLUM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SKYLUM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
  14. Representations and Warranties.You represent and warrant that:
    1. 14.1 This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
    2. 14.2 You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
  15. Limitations of Liability.WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SKYLUM`S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT OR $100 USD WHICHEVER IS GREATER.
  16. Indemnification.You hereby agree to indemnify and hold harmless Skylum and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Source or your business.
  17. Confidentiality.All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
  18. Disputes.Any dispute relating in any way to this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act and federal arbitration law and the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity's intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them particular value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
  19. Miscellaneous.
    1. 19.1 You agree that you are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Skylum. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Sources, that reasonably would contradict anything in this Section.
    2. 19.2 You may not assign your rights or obligations under this Agreement to any party, except with prior notice to us and our consent.
    3. 19.3 This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to the conflicts of laws and principles thereof.
    4. 19.4 This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
    5. 19.5 The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
    6. 19.6 If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Exhibit A – Skylum Brand Guidelines

Brand Ownership

Skylum, Luminar Neo, Luminar AI, Luminar 4, Aurora HDR, Aperty, and other related brands (including brand names and other brand elements) are the intellectual property of Skylum. All of them are protected by copyright, and some are trademarked.

When using any of the above brands, we request that you ensure full compliance with these Guidelines. These are not meant to be purely restrictive, but are for the paramount purpose of maintaining brand consistency and industry credibility from which both the company and our affiliates will continue to benefit from. This is a partnership we wish to be fruitful, and we trust you’ll honor it by maintaining high standards of conduct in all respects.

General:

- Do not misuse the Skylum brand(s). For instance, do not use any of the brands for hype, clickbait, self-promotion or for any other purposes that are not beneficial for the brand(s).

- Do not use any of our brands in any unethical or illegal activities, such as spamming, hacking, false advertising, misrepresentation, promoting illegal or fraudulent activities, etc.

- Ensure that you have the necessary intellectual property rights to all content that you are using along with our brand elements.

- Do not engage in any activities with the purpose of defamation, of Skylum or our products. This includes, for example, making negative comments or leaving negative reviews with the sole purpose of harming our brand.

Use of Corporate Logo:

- Use only the official, high-resolution, and up-to-date logos of Skylum and our products. It is important that the appearance of the logos remains consistent. Do not alter the logos in any way.

- Do not alter the proportions of the logos or crowd them with other elements. Maintain a clear space around the logos to ensure its visibility.

- Always display the logos in its original colors. Do not modify the logo's colors in any way.

- Do not place the logos on a background that diminishes their visibility. Use a clear and contrasting background. The primary logos should only be used on simple light or dark backgrounds, without obstruction. Do not place the logos on a multicolor background that makes it difficult for the logos to be seen.

- When using promotional materials (photos, videos, banners) provided by Skylum, please always credit them appropriately to the company.

Use of Brand Name:

Always use the full and correct brand name Luminar Neo, never abbreviating or altering it. Please don’t refer to it as “Luminar,” “Neo,” “Luminar AI” or “Skylum Luminar Neo” to preserve brand consistency.

Under no circumstances are you allowed to create any social media profiles using any of Skylum’s brand names.

Ethical concerns and maintaining the brand tone:

- Ensure the content and messaging align with Skylum brand tone and values. You can of course use your personal style and communication tone adequate for your audience, but you must not create content that could be considered offensive or disrespectful and misrepresent the brand.

- You should accurately represent Skylum product features and benefits in their promotional content.

- You must act ethically and avoid false advertising, exaggerated claims, or misleading content about our products.

- You should not engage in activities that harm our brand's reputation, such as spamming, illegal activities, or promoting competitors' products (other photo editing software brands).