Version 1. Published 17 October 2026.
These Terms explain how the LootCodes Creator Program works: how you join, how purchases are attributed to you, how commission is calculated and paid, how you may promote LootCodes, and how the partnership can be changed, suspended or ended. Before you accept them, we show you a short summary. The summary helps you read these Terms; it does not replace them.
1. About these Terms
1.1 Who we are. The Program is run by LootCodes Digital Pty Ltd (ABN 76 696 529 745, ACN 696 529 745), Unit 18, 28-32 Sturdee Parade, Dee Why NSW 2099, Australia ("LootCodes", "we", "us", "our"). "You" means the holder of the Account approved for the Program, and any business you join for under clause 3.6.
1.2 Documents that apply. Your agreement with us about the Program (the "Agreement") consists of:
(a) these Terms;
(b) your Creator Settings;
(c) our Terms & Conditions at https://www.lootcodes.com/terms-conditions (the "Site Terms"), which continue to apply to your Account and your use of the Site; and
(d) our Privacy Policy at https://www.lootcodes.com/privacy-policy, which explains how we handle personal data, including yours as a creator.
1.3 Order of precedence. If these documents conflict on a Program matter, they apply in this order: a separate agreement signed by both of us that expressly changes these Terms, to the extent it says so; these Terms; your Creator Settings; the Site Terms. Your Creator Settings may only set values within the limits these Terms allow.
1.4 Accepting these Terms. You accept these Terms by ticking the acceptance box in the Creator Dashboard and confirming. When you accept, we record the version and the digital fingerprint (a SHA-256 hash) of the English text you accepted, the date and time, the language of the page on which you accepted, your IP address and browser details, and the versions of the Site Terms and the Privacy Policy in force at that time. The Creator Dashboard shows the version you accepted and when. Every published version is available under clause 16.9.
1.5 Language. These Terms are written in English. We may publish translations to help you read them. If a translation differs from the English version, the English version applies.
2. Definitions and interpretation
2.1 Definitions. In these Terms:
- Account means your LootCodes customer account.
- Active describes a creator who has been approved for the Program, has accepted the Required Version, is not suspended and whose partnership has not reached its Effective Termination Date.
- Amount to Recover means a negative balance created when Commission that was already paid out is reversed (clause 7.6).
- Approved Commission means Commission whose Hold Period has ended, that is not frozen or under review, and that has not yet been included in a Payout.
- Attributed Customer means a customer whose purchases are attributed to you during an Attribution Window.
- Attribution Window means the period described in clause 5 during which a customer's Eligible Purchases are attributed to you.
- Brand Assets means the LootCodes name and logo, and any other materials we provide to you for the Program (clause 11.1).
- Business Day means a day that is not a Saturday, a Sunday or a public holiday in Sydney, New South Wales.
- Commission means the amount you earn on an Eligible Purchase under clause 6.
- Commission Basis means the value on which Commission is calculated (clause 6.3).
- Commission Rate means your general commission rate, which is part of your Creator Settings.
- Creator Code means your personal code (for example
LOOT-AB12CD), which a customer can enter at checkout. - Creator Dashboard means the Creator Program area of your Account.
- Creator LC means the unit in which we record Commission: 100 Creator LC equal US$1. Creator LC are not LootCoins. They cannot be spent on the Site, exchanged for LootCoins or transferred, and their only use is to be paid out under clause 8.
- Creator Settings means the terms set for you individually: your Commission Rate, your Hold Period, your Payout Minimum and any rule of the Rate Schedule set only for you. The Creator Dashboard shows your Commission Rate, Hold Period and Payout Minimum, and any change scheduled for them.
- Effective Termination Date means the date and time at which your partnership ends (clause 14.5).
- Eligible Purchase means a purchase that meets clause 6.1.
- Hold Period means the period, of at least 30 days, during which recorded Commission is held before it can become Approved Commission (clause 7.1). It is part of your Creator Settings.
- Margin Cap means the limit in clause 6.5.
- Payout means a payment of Approved Commission to you under clause 8.
- Payout Minimum means US$50 (5,000 Creator LC), or a higher amount set in your Creator Settings.
- Payout Profile means the payout details you give us and we verify (clause 8.3).
- Program means the LootCodes Creator Program.
- Rate Schedule means the rules that set a different rate for particular products, categories or product types, or exclude them from Commission (clause 6.4).
- Referral means a valid use of your Referral Link or your Creator Code under clause 5.2.
- Referral Link means a link to any page of the Site that carries your code, for example
https://www.lootcodes.com/?ref=LOOT-AB12CD. - Required Version has the meaning in clause 16.3.
- Serious Breach means any of the conduct listed in clause 13.2.
- Site means the LootCodes online store at lootcodes.com, in every language version.
- Statement means the monthly record of your Commission, reversals, adjustments and Payouts (clause 8.8).
2.2 Interpretation. "Including" and "for example" do not limit what comes before them. Headings are for convenience only. "Written" and "in writing" include e-mail and messages in the Creator Dashboard. Times are Coordinated Universal Time (UTC) unless stated otherwise. "Days" means calendar days unless Business Days are stated.
3. Joining the Program
3.1 Who can apply. You can apply if:
(a) you have an Account with a confirmed e-mail address that is not blocked or being deleted;
(b) you are at least 18 years old, or older if the law where you live sets a higher age for entering into a contract on your own, and you are legally able to enter into this Agreement;
(c) you live in a country where we can make Payouts. We cannot pay creators who live in countries subject to sanctions or in places our payout providers do not serve, and those countries are not offered in the application; and
(d) you do not already take part in the Program through another Account.
3.2 Applying. You apply in the Creator Dashboard with your creator or channel name, links to your channels, your country of residence and, if you wish, a description of your audience. The information must be true and complete, and the channels must be yours or channels you are authorised to use.
3.3 Our decision. We review each application and may approve or decline it. The outcome is shown in the Creator Dashboard. If we decline, you may apply again. Approval does not mean we endorse your content.
3.4 Becoming Active. After approval your Creator Settings appear in the Creator Dashboard, and you become Active when you accept the Required Version. You earn no Commission before you are Active.
3.5 Keeping your information current. Tell us promptly (clause 19.2) if your country of residence, contact details or business status changes. You change your Payout Profile in the Creator Dashboard (clause 8.3). If you move to a country where we cannot make Payouts, clause 8.9 applies.
3.6 Joining for a business. If you join for a business, you confirm that you are authorised to bind it. "You" then includes that business, and you remain responsible for your Account.
3.7 LootCodes staff. If you work for LootCodes, every decision about your own Creator Settings, Commission, reviews or Payouts is made by another authorised member of staff.
4. Our relationship
4.1 Independent parties. You take part in the Program as an independent commercial partner. Nothing in this Agreement makes you our employee, worker, agent, franchisee, partner or joint venturer.
4.2 No authority. You may not make promises, enter into contracts or accept obligations on our behalf, or present yourself as our employee, representative or official channel.
4.3 No exclusivity or minimum activity. You may promote other businesses, including other stores, and we may work with other creators. You do not have to publish any minimum amount of content.
4.4 No guaranteed income. Your earnings depend on what customers buy. We do not promise any level of traffic, sales or earnings, and Commission is not a salary or a fee for services.
4.5 Customers belong to no creator. Customers who buy on the Site are our customers. You acquire no ownership of, or rights in, any customer, customer account or customer data.
4.6 Your costs and helpers. You bear your own costs of creating and promoting content. If other people help you, you are responsible for making sure they follow this Agreement.
4.7 Separate agreements. Sponsorships, fees for specific content and other paid arrangements need a separate written agreement. A separate agreement changes these Terms only if it says so expressly.
5. Referrals and Attribution Windows
5.1 Your link and code. When you become Active, the Creator Dashboard shows your Referral Link and your Creator Code. They use the same code as your invitation code in our referral program.
5.2 Referrals. A Referral happens when, while you are Active:
(a) a visitor opens your Referral Link. Where the visitor's browser settings and our privacy rules allow it, we then keep a referral for you on that browser for 30 days; or
(b) a customer enters your Creator Code at checkout.
If the visitor later opens another Active creator's link within those 30 days, the newer referral replaces yours. A Creator Code entered at checkout takes priority over a referral kept in the browser. A Referral counts only for an order placed within 30 days after it happened. A visit or a Referral on its own never attributes a customer to you.
5.3 When an Attribution Window starts. An Attribution Window starts at the moment the payment of an Eligible Purchase is confirmed (the "Start Time") if, at that moment:
(a) the order carries a valid Referral for you;
(b) the customer has no open Attribution Window, with you or with another creator; and
(c) you are Active.
That purchase, and the customer's later Eligible Purchases during the window, are attributed to you. If several orders of the same customer could start a window, the order whose payment we process first starts it. A window that has started is not cancelled because the purchase that started it is later refunded or cancelled, unless clause 5.8(c) applies.
5.4 Length of the window. An Attribution Window lasts six calendar months. It ends at the same time of day, on the same date, six months after the Start Time (UTC). If that date does not exist, it ends at that time on the last day of that month. For example, a window that starts at 10:00 UTC on 31 August ends at 10:00 UTC on 28 February, or on 29 February in a leap year. A purchase belongs to the window if its payment is confirmed at or after the Start Time and before the window ends.
5.5 During the window.
(a) Every Eligible Purchase whose payment is confirmed during the window is attributed to you, whether or not the customer uses your Referral Link or Creator Code again.
(b) Another creator's link or code does not change the attribution while the window is open.
(c) Further purchases, visits or uses of your code do not extend the window.
5.6 After the window. Once a window has ended, the customer's purchases are not attributed to anyone, unless a new purchase carries a new Referral. That purchase starts a new Attribution Window under clause 5.3, for you or for another creator.
5.7 Which customers can be attributed. Any customer without an open Attribution Window can be attributed, including new customers, existing customers who were never referred, and customers whose earlier window has ended. A customer who buys without signing in is identified by the e-mail address given at checkout. If that customer later adds the order to an Account through the private access link we sent for that order, the window moves to that Account, unless that Account already has an open window. We never treat two customers or Accounts as the same person only because their e-mail addresses are alike.
5.8 Windows that end early. A window ends before its six months:
(a) at your Effective Termination Date (clause 14);
(b) when the Program is discontinued (clause 15); or
(c) if we cancel it because it was started through a Serious Breach or through fraud by any person (clause 13.6).
A window that ended early is not restored. From the time it ends, the customer can be attributed to another creator.
5.9 No guarantee of duration. An Attribution Window describes how purchases are attributed while your partnership is in place. It does not guarantee that your partnership, or the Program, will continue for six months.
5.10 Technical limits. Referrals depend on the visitor's browser, device and settings. A Referral may not be recorded, for example, if the visitor blocks storage, switches browser or device, or opens your link inside an app and buys elsewhere. Asking your audience to enter your Creator Code at checkout avoids most of these limits. If you believe Referrals are not being recorded because of a fault on our side, tell us: we will investigate, fix the fault and, where our records allow us to identify the affected purchases, credit the Commission they would have earned.
5.11 Self-referral. Your own purchases, and purchases made through Accounts, e-mail addresses, payment methods or devices that you own or control, or by people acting for you, are self-referrals. We treat a purchase as a self-referral, for example, when it is made from your Account or your e-mail address, or from the same device and the same network that you use, seen together. A self-referral starts no Attribution Window and earns no Commission.
5.12 Our referral program. For the customers you refer, you receive Commission instead of the LootCoins rewards of our referral program. Customers who sign up through your link may still receive that program's welcome bonus under its own published rules.
6. Eligible Purchases and Commission
6.1 Eligible Purchases. A purchase is an Eligible Purchase if:
(a) it is an order placed through the checkout on the Site. Purchases on marketplaces (such as Eneba, G2A, Kinguin, Gamivo, GGsel or Plati), through our wholesale service or recorded manually by our staff are not Eligible Purchases;
(b) it is paid through a payment method offered at checkout on the Site. LootCoins can reduce the amount paid (clause 6.3), but an order with no payment through such a method is not an Eligible Purchase;
(c) its payment has been confirmed; and
(d) it is not a self-referral and is not made through fraud or a breach of the Site Terms.
6.2 When Commission is earned. You earn Commission on an Eligible Purchase if:
(a) its payment is confirmed during an Attribution Window attributed to you;
(b) you are Active at the moment its payment is confirmed; and
(c) the order is delivered in full.
Commission is first recorded when the order has been delivered, and is then held and validated under clause 7.
6.3 Commission Basis. The Commission Basis of an order is what the customer paid for its products: the order subtotal, less promo code and other discounts and less the value of LootCoins redeemed, and never less than zero. The small-order processing fee and any other fee that is not the price of a product are not included. The Commission Basis is shared between the order's lines in proportion to each line's price multiplied by its quantity, rounded down to the US cent. If part of the order is refunded, the Commission Basis of each line is reduced in the same proportion as the amount refunded bears to the amount charged for the order, not counting any processing fee.
6.4 Rates and the Rate Schedule. Your Commission Rate applies to every line unless the Rate Schedule sets a different rate for the product, its category or its product type, or excludes it. Where more than one rule could apply, the most specific one applies: a rule set for you comes before a rule for all creators, and within each, a rule for a product comes before a rule for its category, which comes before a rule for its product type. A rule may have a start date and an end date. Excluded products earn no Commission; a purchase in which every product is excluded is shown in your credit history as not eligible, with that reason. We tell you on request which rules apply to you.
6.5 Margin protection. Where we know our cost for the product sold on a line, the Commission on that line cannot exceed the Margin Cap, which is a percentage of our margin on the line: the line's Commission Basis less that cost. A line we sold at or below cost earns no Commission. Where we do not know the cost, this limit does not apply. The Margin Cap is 50% unless it is changed under clause 16.5, and the Creator Dashboard shows the Margin Cap in force.
6.6 Calculation. The Commission on each line is its Commission Basis multiplied by the applicable rate, limited by the Margin Cap and rounded down to the nearest US cent (one Creator LC). The Commission on an order is the sum of its lines.
Example, for illustration only. Your Commission Rate is 5% and no rule or cap changes it. An Attributed Customer buys two products with a subtotal of US$40.00 (US$30.00 and US$10.00), uses a US$4.00 promo code and pays US$4.00 with LootCoins. The Commission Basis is US$32.00, shared as US$24.00 and US$8.00. The Commission is US$1.20 plus US$0.40, which is US$1.60 or 160 Creator LC. If half the amount charged is later refunded, the Commission becomes 80 Creator LC and 80 Creator LC is reversed.
6.7 Currency. Commission is calculated and recorded in US dollars, as Creator LC. Whatever currency the customer pays in, product prices, discounts and LootCoins are recorded on the order in US dollars at checkout, and the Commission Basis uses those US-dollar amounts.
6.8 Which rates apply to a purchase. A purchase earns Commission at the Commission Rate, Rate Schedule rules, Margin Cap and Hold Period in force at the moment its payment is confirmed. They are recorded with the purchase, and later changes do not apply to it.
6.9 Promotions. We may run sales and promotions on the Site at any time; they affect Commission only through the Commission Basis (clause 6.3). Your Creator Code gives customers no discount unless we tell you in writing that a promotion applies to it.
6.10 Commission status. The Creator Dashboard shows the status of each Commission:
- Pending: the order is attributed to you but not yet delivered, or its Hold Period has not ended;
- Under review: frozen because of a payment dispute or a review under clause 7.4;
- Approved: Approved Commission;
- Payable: included in a Payout being prepared or sent;
- Paid; or
- Reversed.
7. Validation, refunds, disputes and reviews
7.1 Hold Period. Recorded Commission is held for your Hold Period, counted from the time it is first recorded. When the Hold Period ends, it becomes Approved Commission unless it is frozen or under review.
7.2 Refunds and cancellations. If an Eligible Purchase is refunded in whole or in part, cancelled or not delivered, we recalculate its Commission and record the difference as a reversal. This applies even after the Hold Period and even after the Commission was paid.
7.3 Payment disputes. While a chargeback or other payment dispute is open on an order, its Commission is frozen: it does not become Approved Commission and is not paid. If the dispute is decided in our favour, the Commission continues under clause 7.1. If the dispute is lost, the Commission is reversed. A refund recorded while the dispute is open still reduces the Commission.
7.4 Reviews. If we have reasonable grounds to suspect that a Commission arises from fraud, a self-referral or a breach of this Agreement, we may open a review of it. The Commission is frozen while the review is open, and the Creator Dashboard shows it as under review. We tell you in writing why, unless the law or the need to protect an investigation prevents us. You may send us information within 14 days. We aim to finish a review within 30 days and will tell you if it needs longer and why. At the end we either release the Commission or reverse it, with written reasons. Apart from clauses 7.2 and 7.3, we do not reverse Commission without a review.
7.5 Corrections and calculation questions. If either of us finds an error in how a Referral, purchase or Commission was recorded or calculated, in either direction, we correct it with an adjustment that your Statement shows with its reason. Either of us may raise an error within six months after the Statement that first shows the item concerned is issued to you; a Statement is issued when you first open it in the Creator Dashboard. We reply to your query within 30 days with our reasons. After that six-month period the Statement is final, except for errors caused by fraud or wilful misconduct, or where the law does not allow the limit. If you disagree with our reply, clause 20 applies.
7.6 Amount to Recover. If a reversal is recorded after the Commission concerned was paid out, your balance may become negative. We deduct this Amount to Recover from your future Commission and do not otherwise ask you to repay it, unless the reversed Commission arose from your Serious Breach. In that case we may ask you to repay it within 30 days, to the extent the law allows.
7.7 No forfeiture. We do not cancel, withhold or reduce Commission you have earned except as these Terms provide in clauses 7.2 to 7.6, 8.7, 8.9, 9.3, 9.4, 13.3(d) and 13.6. Holding a Payout under clauses 8.7, 8.9, 9.4 or 13.3(d) delays it; it does not cancel it.
8. Payouts
8.1 Monthly Payouts. On the first day of each month (the "Payout Day") we prepare one Payout of all your Approved Commission, less any Amount to Recover, if:
(a) the total is at least your Payout Minimum; and
(b) you have a verified Payout Profile.
Otherwise your Approved Commission carries over to the next month. If purchases attributed to you are still being processed on the Payout Day, your Payout may be prepared later in that month or included in the next monthly Payout. Payouts are made only in this monthly cycle and under clause 14.6. We may move the Payout Day to another day between the 1st and the 28th of the month, with notice under clause 16.5.
8.2 Approval and payment. Authorised staff check and approve each Payout and then send it manually; preparing or approving a Payout does not send money by itself. We aim to send each Payout within 10 Business Days after the Payout Day. If we need longer, for example to verify your details or to meet a legal requirement, we tell you why.
8.3 Payout methods. We pay to a Payout Profile in your own name or in the name of your business, which we verify before the first Payout to it:
(a) if you live in Brazil, by bank transfer to a Brazilian bank account in Brazilian reais (BRL); or
(b) if you live elsewhere, by PayPal or by international bank transfer, based on the US-dollar amount.
If you change your Payout Profile, we verify the new details before paying to them. A Payout that has been prepared but not yet approved for sending is then cancelled; its amount stays in your balance and is included in the next monthly Payout after the new details are verified. A Payout already approved for sending is sent to the details it was prepared with. You are responsible for the accuracy of your Payout Profile. A Payout sent to the verified details you gave us counts as paid. If a Payout is lost because of our own error, we pay it again.
8.4 Conversion and fees. The US-dollar amount is converted into the payment currency at the rate applied when the Payout is processed, so the amount you receive may differ from a conversion you calculate in advance. We pay the fee our payment provider charges us to send the Payout. Fees charged by intermediary banks, your bank or your PayPal account, and their own currency conversion, may reduce the amount you receive. After the Payout is sent, the Creator Dashboard shows its reference and the currency and amount of the payment.
8.5 Failed Payouts. If a Payout fails or is returned, we restore the amount to your balance, tell you the reason, and include it in the next monthly Payout once your Payout Profile is valid.
8.6 Unclaimed balances. If you have Approved Commission but no verified Payout Profile, we keep your balance and remind you to provide one. If, despite reasonable attempts to contact you, we cannot pay you within 12 months after your Effective Termination Date, we deal with the balance as any law on unclaimed money that applies requires, and otherwise keep it available for you to claim. We do not treat an unclaimed balance as ours except as the law allows.
8.7 Legal requirements. We may delay or refuse a Payout to the extent necessary to comply with sanctions, anti-money-laundering or tax law, or where our payment provider refuses to make it. Before paying, we may ask for information to verify who you are and who receives the Payout, such as your full legal name, your address and, where the law or our payment provider requires it, an identity document. We tell you what we need and why. Amounts we cannot lawfully pay stay in your balance and are paid when the law allows, unless the law requires otherwise.
8.8 Statements. For each completed calendar month, a Statement is available in the Creator Dashboard and can be downloaded. It lists, by day, each Commission, reversal, adjustment and Payout, in Creator LC and US dollars, with a reference code and the reason for any reversal or adjustment. It contains no information that identifies customers.
8.9 Countries we cannot pay. If you move to a country where we cannot make Payouts, or your country becomes one, we may hold Payouts and end your partnership under clause 14.3, or under clause 14.4(b) where sanctions require it. We pay your balance as soon as the law and our payment providers allow.
9. Taxes
9.1 Your taxes. You are responsible for declaring and paying tax on the amounts you receive, and for any registration, invoicing or reporting obligation that applies to you.
9.2 Indirect taxes. Commission includes any goods and services tax, value added tax or similar tax that may apply to your services, unless the law requires otherwise or we agree otherwise in writing. If you are registered for such a tax, tell us before your first Payout so that we can agree with you how invoices for your Payouts are issued, as the law requires.
9.3 Withholding. If the law requires us to withhold tax from a Payout, we deduct it, tell you, and give you a record of the amount withheld.
9.4 Tax information. If the law requires us to collect tax information or forms from you before paying, we ask for them, explain why, and may hold the Payout until we receive them.
10. Promotion rules
10.1 Disclose the relationship. Whenever you promote LootCodes, disclose clearly and prominently that you earn commission, in a way your audience notices before they click or buy:
(a) in each post, video, stream or message, not only in your profile or on another page;
(b) with clear words such as "ad", "paid partnership" or "affiliate link", in your audience's language, and with the platform's own disclosure tools where they exist; and
(c) as required by the advertising and consumer protection laws and rules that apply to your audience.
10.2 Be accurate. Your promotion must not be false or misleading. In particular:
(a) state only prices, discounts, offers and availability that the Site shows at the time, and do not present them as permanent;
(b) do not promise delivery times. You may say what the Site says: products are delivered immediately after payment approval, and some orders may need a security verification before delivery;
(c) do not say a product works in every country or on every platform. Region and platform are shown on each product page;
(d) do not call anything "free", "guaranteed" or "the lowest price" unless the Site says so;
(e) do not present LootCoins or Creator LC as money, an investment or a source of income for your audience; and
(f) do not make claims about us, our customers or other businesses that you cannot support.
10.3 Publishers and platforms. Game titles, platform names and related marks (for example Steam, PlayStation, Xbox and Nintendo) belong to their owners. Do not suggest that a publisher or platform endorses you or LootCodes, and follow their rules for using their names, footage and images.
10.4 No spam or deceptive traffic. You must not:
(a) send unsolicited bulk messages by e-mail, SMS, direct message, messaging apps or comments, or post your Referral Link where the rules of that place forbid it;
(b) use bots, fake accounts, bought or incentivised clicks, or automated traffic;
(c) open your Referral Link, or create a referral, without the visitor deliberately clicking it, for example through hidden frames, pop-unders, automatic redirects, scripts, browser extensions or ad injection; or
(d) hide where your link leads or disguise it as something else.
10.5 Paid search, brand and impersonation.
(a) Do not bid on or target "LootCodes", "Loot Codes" or any variation or misspelling of our brand in search advertising (such as Google Ads or Microsoft Advertising), and do not use our brand in the text or display address of a search ad.
(b) Do not run search ads that send traffic directly to the Site through your Referral Link.
(c) Do not register or use domain names, social media handles, profile names or app names that contain our brand or could be confused with it, and do not create pages or accounts that look like official LootCodes channels.
(d) Other paid advertising of your own content, run by you as the advertiser, is allowed if it follows this clause 10.
10.6 Where you share your Creator Code. Share your Creator Code only through your own channels and content. Do not publish it, or let it be published, on coupon, voucher, deal or cashback websites, code aggregators or browser extensions, unless we approve it in writing. If you find your code published there, tell us; it is not your breach if you did not cause or allow it.
10.7 No incentives. Do not offer money, cashback, a share of your Commission, prizes or any other benefit for using your Referral Link or Creator Code or for buying, and do not encourage anyone to create more than one Account. A giveaway connected with LootCodes needs our prior written approval and must comply with the law where it is run.
10.8 Reviews. Do not offer anything in exchange for reviews of LootCodes, on Trustpilot or anywhere else, and do not publish fake reviews or ask others to.
10.9 Children. Do not direct your promotion of LootCodes at children, and do not place it in content that is made for children or that the platform marks as made for children.
10.10 Lawful content. You are responsible for your content, for the rights you need in it (including game footage, music and images) and for following the rules of each platform you use. Do not connect LootCodes with content that is unlawful or that promotes violence, hatred or discrimination.
10.11 Corrections. If we ask you to change or remove promotion that does not follow this clause 10, we tell you what needs to change and why, and you must do it within 2 Business Days, or sooner if the content creates a legal risk for customers or for us.
11. Brand and intellectual property
11.1 Licence. While you are Active, we grant you a non-exclusive, non-transferable, royalty-free licence to use the Brand Assets, without changing them, only to promote the Site under this Agreement and in line with any reasonable written instructions we give you about their use. You may not sub-license it.
11.2 Restrictions. You may not register, or try to register, a trade mark, domain name or business name that contains or resembles our brand, or use our brand in a way that suggests we endorse anything other than the Site.
11.3 When use must stop. The licence for a Brand Asset ends at your Effective Termination Date, or earlier if we withdraw or replace that Brand Asset by notice. Within 30 days after that, you must remove the Brand Asset and, if the partnership has ended, your Referral Link and Creator Code from your profiles, link pages, pinned content, descriptions you can edit and any paid advertising, and stop using them in new content. You do not have to delete content published earlier if removing it is not reasonably practicable, but you must not update it to promote LootCodes further or present it as a current partnership.
11.4 Your content. You own the content you create. We may view, record and keep copies of your public promotional content to check that it follows this Agreement. We do not otherwise use, republish or adapt your content, name or likeness without a separate written agreement.
11.5 Our rights. We keep all rights in the Site, the Brand Assets and our other materials. Apart from the licence in clause 11.1, this Agreement gives you no rights in them.
12. Customer information and privacy
12.1 Customer data. We are the controller of the personal data of our customers and Site visitors, including data about purchases attributed to you, as our Privacy Policy explains. You receive no contact lists or other customer data, apart from the limited purchase information in clause 12.2(b).
12.2 What you see. In the Creator Dashboard you see:
(a) the number of visits made through your Referral Link, as totals (we do not record who visited), and the number of customers attributed to you;
(b) in your credit history, every paid purchase made through your Referral Link or with your Creator Code and every other purchase attributed to you, each with a reference code, the date it was paid, the customer's e-mail address partly masked by us before it reaches you (for example jo***@g***.com), the customer's country (the billing country or, if there is none, the country of the network address used for the purchase), whether the purchase is eligible and, if not, the reason, and the Creator LC credited to you with its status under clause 6.10. A purchase that is not eligible, including one refused as a self-referral under clause 5.11, is still completed for the customer and earns 0 Creator LC; and
(c) your balances, Payouts and Statements.
You never see a customer's name, full e-mail address, payment details, the amount the customer paid, the Commission Basis of a purchase or the products they bought. We mask the e-mail address on our servers; the full address is never sent to you.
12.3 Your obligations. You must keep the information in the Creator Dashboard confidential (clause 18) and use it only to follow your own performance in the Program. You must not try to identify or contact customers from it, combine it with other data to do so, contact customers on our behalf, or collect data from the Site by automated means.
12.4 Your own audience. You decide how you collect and use the personal data of your own audience, such as your followers, subscribers, mailing lists or giveaway participants, and you are responsible, as a separate controller, for doing so lawfully. Do not send us your audience's personal data unless we ask for it and it is lawful to share it. If you use cookies, pixels or similar tracking on your own websites or channels in connection with the Program, you must comply with the law, including any consent requirements.
12.5 Your data. We process your personal data as a creator as our Privacy Policy describes, including your application, the acceptance records in clause 1.4, your Payout Profile, the device and network data we use to detect self-referral and fraud, and records of your activity in the Program, which we keep with your network address and browser details for fraud review. We share Payout details only with the providers that send Payouts and otherwise only as the Privacy Policy explains.
12.6 Incidents. If you become aware that customer data or your Account may have been misused or compromised, tell us without undue delay (clause 19.2).
13. Suspension
13.1 When we may suspend. We may suspend your participation if:
(a) we reasonably suspect a Serious Breach;
(b) a payment provider, regulator, law enforcement authority or court asks us to, or the law requires it, including for sanctions or anti-money-laundering checks; or
(c) your Account appears to be compromised.
13.2 Serious Breach. Each of the following is a Serious Breach:
(a) a self-referral (clause 5.11), or creating or using fake Accounts;
(b) deceptive traffic under clause 10.4;
(c) fraud, using stolen payment methods, or helping anyone commit fraud against us or our customers;
(d) a breach of clause 10.5 that is deliberate or that you do not stop within 2 Business Days after we ask;
(e) promotion that is materially misleading or does not disclose the commercial relationship (clauses 10.1 and 10.2), if the breach is deliberate, is repeated after a written warning or is not corrected within the time in clause 10.11;
(f) sharing your Creator Code against clause 10.6, or offering incentives against clause 10.7, after a written warning;
(g) giving false information in your application, Payout Profile or tax information;
(h) a breach of clause 12.3;
(i) interfering with, or trying to gain unauthorised access to, the Site or our systems;
(j) connecting LootCodes with content of the kind described in the last sentence of clause 10.10; or
(k) any other material breach of this Agreement that you do not remedy within 14 days after we ask you in writing.
13.3 During a suspension.
(a) Your Referral Link and Creator Code create no Referrals, and no new Attribution Windows start for you.
(b) Your open Attribution Windows keep running and are not extended.
(c) Purchases whose payment is confirmed while you are suspended earn no Commission, except as clause 13.5 provides.
(d) Commission already recorded continues through clause 7 and remains yours, but no Payouts are made while the suspension lasts.
13.4 Procedure. We tell you in writing that you are suspended and on which ground, and give our reasons unless the law or the need to protect an investigation prevents us. You may respond within 14 days. We aim to finish our investigation within 30 days after the suspension and tell you if it needs longer and why. A suspension under clause 13.1(a) or (c) lasts no longer than 60 days unless you have not cooperated with our reasonable requests or the law requires a longer period. At the end we tell you our decision and our reasons.
13.5 If we lift a suspension. If we lift a suspension without finding a Serious Breach, the suspension is treated as if it had not happened for your Attributed Customers: their purchases whose payment was confirmed during it earn Commission as if you had been Active, and any Payout that was held is made in the next monthly cycle. Referrals that could not be recorded during the suspension are not recreated.
13.6 If we confirm a Serious Breach. If, after following clause 13.4, we reasonably conclude that a Serious Breach occurred, we may end your partnership with immediate effect under clause 14.4(a). To the extent the law allows, we may also reverse the Commission that arose from or was obtained through the Serious Breach, and cancel the Attribution Windows started through it. Other Commission you earned remains payable under clause 14.6.
14. Ending the partnership
14.1 No minimum term. The partnership continues until it ends under this clause 14 or the Program is discontinued under clause 15. Neither of us is committed for a minimum period.
14.2 You may leave at any time. You may end your partnership at any time, without giving a reason, in the Creator Dashboard or by e-mail to support@lootcodes.com from the e-mail address of your Account. It ends at the time you choose, up to 30 days ahead. If you choose no time, it ends immediately when you leave in the Creator Dashboard, or when we record your e-mail request, which we do within 2 Business Days after receiving it.
14.3 We may end it with notice. We may end your partnership for a legitimate business reason by giving you at least 30 days' written notice that states the reason and the Effective Termination Date. Legitimate business reasons include changes to the Program or to the markets, products or costs it covers, a lasting absence of activity, such as no purchase attributed to you for 12 months, and our being unable to keep paying creators in your country. You remain Active until the Effective Termination Date, unless clause 13 applies.
14.4 Immediate ending. We may end your partnership with immediate effect, by written notice giving our reasons, if:
(a) we have confirmed a Serious Breach under clause 13.6;
(b) the law, a court, a regulator, sanctions or a payment provider requires us to stop working with you or paying you; or
(c) you no longer have an Account.
14.5 Effective Termination Date. The Effective Termination Date is the date and time at which the partnership ends under clause 14.2, 14.3 or 14.4. Open Attribution Windows do not postpone it.
14.6 What happens when it ends. From the Effective Termination Date:
(a) your Referral Link and Creator Code create no Referrals, and your open Attribution Windows end, so the customers concerned can be attributed to other creators;
(b) purchases whose payment is confirmed at or after that time earn no Commission;
(c) Commission on purchases whose payment was confirmed earlier, while you were Active, continues through delivery, the Hold Period and clause 7, and is paid;
(d) once the last of that Commission has become Approved Commission or been reversed, we pay your whole remaining balance in the next monthly Payout, even if it is below your Payout Minimum;
(e) any Amount to Recover is deducted from that balance, and any part of it that the balance cannot cover is written off, unless clause 7.6 allows us to ask you to repay it;
(f) you keep read-only access to your Statements and history in the Creator Dashboard for at least 12 months after the final Payout, and afterwards you may ask us for copies for as long as we keep them; and
(g) clause 11.3 applies to the Brand Assets.
14.7 Survival. Clauses 7, 8 (for amounts still owing), 9, 11.3 to 11.5, 12, 14.6 and 17 to 21 continue after the partnership ends.
15. Discontinuing the Program
15.1 Notice. We may discontinue the Program for all creators by giving at least 30 days' written notice. We may give shorter notice only where the law, a regulator, a payment provider or an event outside our reasonable control requires it, and we then give as much notice as we reasonably can.
15.2 Effects. From the discontinuation date, clause 14.6 applies to every creator as if that date were their Effective Termination Date. After all balances are settled, access to the Creator Dashboard may end, and Statements remain available on request for as long as we keep them.
15.3 Records and other agreements. We keep the records of the Program that the law requires. Discontinuing the Program does not end a separate written agreement under clause 4.7 unless that agreement says so.
16. Changes to these Terms and to your Creator Settings
16.1 Reasons for changes. We change these Terms, the Rate Schedule or your Creator Settings only for a legitimate reason, such as a change in the law or regulatory guidance, a requirement of a payment provider or platform, preventing fraud or abuse, a change to our products, prices, margins, markets or costs, a change in how the Site works, or making these Terms clearer.
16.2 Material changes. A material change is a change that could reasonably reduce your Commission or your rights, or add to your obligations. We give you at least 30 days' notice of a material change to these Terms, by e-mail and in the Creator Dashboard, with the new version, a summary of what changes and its acceptance deadline, which is at least 30 days after the notice.
16.3 Accepting a new version. You can accept a new version in the Creator Dashboard at any time. Until its acceptance deadline, the version you accepted earlier continues to apply. The "Required Version" is the most recent version with a material change whose acceptance deadline has passed or, before any such deadline has passed, version 1 of these Terms. Accepting a later version also satisfies an earlier Required Version. If you have not accepted the Required Version by its deadline:
(a) you are not Active until you accept it, so no new Attribution Windows start and purchases whose payment is confirmed in the meantime earn no Commission;
(b) your open Attribution Windows keep running and are not extended; and
(c) Commission you earned before the deadline is still validated and paid.
If you have not accepted the Required Version within 90 days after its deadline, either of us may end the partnership with immediate effect by written notice.
16.4 Other changes. We may make changes that are not material, such as corrections, clarifications or changes in your favour, by publishing a new version and telling you in the Creator Dashboard. They take effect on publication or on the date stated and need no acceptance.
16.5 Changes to rates and Creator Settings. We give you at least 30 days' written notice before a change that reduces your Commission Rate, reduces a rate or adds an exclusion in the Rate Schedule, lowers the Margin Cap, lengthens your Hold Period, raises your Payout Minimum or moves the Payout Day. Such a change applies only to purchases whose payment is confirmed after it takes effect (clause 6.8). A change that increases your Commission may apply immediately. A rate or rule announced for a limited period ends on the date shown when it began, without further notice.
16.6 Urgent changes. If a change is required by law, a regulator, a court or a payment provider, or is necessary to stop fraud or abuse that is taking place, we may make it with shorter notice or immediately, but only to the extent necessary, and we tell you as soon as practicable.
16.7 Your right to leave instead. If you do not agree with a change, you can leave under clause 14.2 before it takes effect. Until you leave, the terms that applied before the change continue to apply to you.
16.8 Nothing retroactive. No change reduces Commission already recorded, or Commission on purchases attributed to you before the change took effect.
16.9 Versions. Each version of these Terms has a number and a publication date. We keep every published version, with its digital fingerprint, at https://www.lootcodes.com/creators/terms.
17. Liability and indemnities
17.1 Rights that cannot be excluded. Nothing in this Agreement excludes, restricts or modifies any right, remedy, guarantee, warranty or other term that the Australian Consumer Law or any other law gives you and that cannot lawfully be excluded or limited.
17.2 Availability. We aim to keep the Site and the Program working, but we do not promise that they will be uninterrupted or error-free, or that every visit or Referral will be recorded. This does not affect clauses 5.10 and 7.5.
17.3 Indirect loss. Neither of us is liable to the other for indirect or consequential loss, or for loss of profits, revenue, audience or goodwill, arising from this Agreement, except for loss caused by fraud or wilful misconduct. Commission you have earned and not been paid is not indirect loss.
17.4 Limit of liability. Each party's total liability to the other under or in connection with this Agreement in any 12-month period is limited to the greater of the Commission paid and payable to you for that period and US$1,000. This limit does not apply to our obligation to pay Commission you have earned, to liability for fraud, wilful misconduct, death or personal injury, or to liability that the law does not allow to be limited.
17.5 Your indemnity. You indemnify us against claims by third parties, fines and penalties imposed by a regulator (to the extent the law allows them to be indemnified), and reasonable costs, arising directly from your promotion breaching clause 10 or the law, your content infringing someone else's rights, or your breach of clause 12. Your indemnity is reduced to the extent we caused or contributed to the loss, and is subject to clause 17.4.
17.6 Our indemnity. We indemnify you against claims by third parties, and reasonable costs, arising directly from your use of the Brand Assets, as we provided them and in line with this Agreement, infringing someone else's rights, or from information on the Site about a product or price that you repeated accurately and in line with clause 10 being false or misleading. Our indemnity is reduced to the extent you caused or contributed to the loss, and is subject to clause 17.4.
17.7 Handling claims. A party relying on an indemnity must tell the other promptly, take reasonable steps to limit its loss, let the other take part in the defence, and not settle without the other's consent, which must not be unreasonably withheld.
18. Confidentiality
18.1 What is confidential. Confidential information means non-public information about the Program or our business that we share with you, including the information in the Creator Dashboard and Statements, your Creator Settings and anything we share during a review or investigation. It also means the non-public information you give us, including your Payout Profile and tax information.
18.2 Our duties. Each of us uses the other's confidential information only for the Program and does not disclose it, except to advisers who are bound to keep it confidential, as our Privacy Policy describes, or as the law, a court or a regulator requires.
18.3 What this does not stop. This clause 18 does not stop you from disclosing the commercial relationship as clause 10.1 requires, from saying that you earn commission, or from reporting a matter to a regulator or other authority. You may not publish your individually agreed Creator Settings without our consent.
18.4 Duration. This clause 18 applies during the partnership and for two years after it ends, and for longer to personal data, as the law requires.
19. Notices
19.1 Notices to you. We send notices to the e-mail address of your Account, and some also appear in the Creator Dashboard. A notice under clauses 13, 14, 15 or 16 is always sent by e-mail. Keep your e-mail address up to date.
19.2 Notices to us. Send legal notices to legal@lootcodes.com. Send everything else about the Program, including questions and complaints, to support@lootcodes.com. Privacy requests may also be sent to the privacy contacts listed in our Privacy Policy.
19.3 When notices are received. A notice sent by e-mail is treated as received when it is sent, unless the sender receives a message that it was not delivered. A notice in the Creator Dashboard is treated as received when it is published there. A notice to us received after 5:00 pm Sydney time, or on a day that is not a Business Day, is treated as received at 9:00 am Sydney time on the next Business Day. A notice period starts on the day after the notice is received.
20. Disputes, governing law and jurisdiction
20.1 Talk to us first. If you have a complaint or disagreement about the Program, contact us under clause 19.2. Questions about calculations follow clause 7.5.
20.2 Review of decisions. Within 30 days after a decision under clause 7.4, 13 or 14.4, you may ask for it to be reviewed. Where reasonably possible, a member of staff who was not involved in the decision carries out the review, and we reply within 30 days with our reasons.
20.3 Formal disputes. Either of us may give the other written notice of a dispute. We then both try in good faith to resolve it by negotiation within 30 days after the notice. If it is not resolved, either of us may bring proceedings in court under clauses 20.4 and 20.5. Nothing in this clause 20 stops either of us from seeking urgent relief from a court.
20.4 Governing law. This Agreement is governed by the law of New South Wales, Australia. The courts of New South Wales and the federal courts of Australia have non-exclusive jurisdiction.
20.5 Your local protections. If the law of the country where you live gives you protections that cannot be excluded by agreement, including the right to bring proceedings in its courts, this Agreement does not take them away.
21. General
21.1 Events outside our control. Neither of us is liable for a delay or failure caused by events outside its reasonable control, such as natural disasters, outages of payment providers or networks, cyber attacks that could not reasonably be prevented, war or government action. The affected party must tell the other and take reasonable steps to limit the effect. Payment of Commission you have earned is postponed only for as long as such an event prevents it.
21.2 Assignment. You may not transfer this Agreement or your rights under it without our written consent. We may transfer it to a related company or to a buyer of the business that runs the Program, if your rights are not reduced. We tell you before we do, and you may leave under clause 14.2.
21.3 Entire agreement. The Agreement described in clause 1.2 is the entire agreement about the Program and replaces any earlier arrangement about it, except a separate written agreement under clause 4.7.
21.4 Severability. If any part of this Agreement is invalid or unenforceable in a jurisdiction, it is read down or severed there to the extent necessary, and the rest continues.
21.5 Waiver. A failure or delay in exercising a right is not a waiver of it.
21.6 Our records. We calculate Commission from our records of Referrals, purchases, deliveries, refunds and payment disputes. You may question them under clause 7.5.
21.7 No third-party rights. Only you and we have rights under this Agreement.