Luminar Affiliate Program Terms of Use

Our affiliate partners, like you, are an important part of our business. We do focus on treating our partners with respect. The following agreement protects Skylum’s brand,, while giving you the opportunity to profit from your community or subscribers. For questions or support please email us at affiliates@skylum.com.

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

  1. Do not apply if your website 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 link or coupon 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, etc.
  5. Paid search campaigns containing our trademarks in systems other than Google Adwords.
  6. Fraud.
  7. Spam.
  8. Cybersquatting, typosquattin.
  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 Luminar Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website 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, or age;
      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” 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 racial, ethnically, or otherwise objectionable to us in our sole discretion;
      8. 2.1.8. use software downloads that potentially enable diversions of commission from other members of the Luminar 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 Luminar Affiliate Program, you will have access to an account, where you will be able to review our 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 site 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, to terminate your participation in the Luminar Affiliate Program and block our HTML link from your site.
    4. 2.4. The maintenance and the updating of your website, blog, or a youtube channel is your responsibility.
    5. 2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. 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 liability or costs for any claims arising out of your acts or alleged acts which allege copyright infringement by you.
    6. 2.6. All members in our Affiliate Program must be compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements.
  3. Skylum Rights and Obligations
    1. 3.1. We may monitor your site to determine if you are following the terms and conditions of this Agreement. We have the right to terminate your participation in the Luminar 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. 3.2. 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, you will be notified by email. Modifications may include, but are not limited to the Luminar Affiliate Program rules that we may publish or send to you. If any modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in the Luminar 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 Luminar Affiliate Program. Please review Impact.com payment terms and conditions.
  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 websites, 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 website, 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. At all times, you must clearly represent yourself and your websites as independent from Skylum. Spamming is a cause for an immediate termination of this Agreement and your participation in the Luminar 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 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 Luminar 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. Negative 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.
    8. 8.8. 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.
  9. 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 website, 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 website's URL or prominently featured in the website's content, such as "coupons," "deals" or "savings"; (iii) a website 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. 9.1. 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 website unless the page where this coupon offer is used has the following meta tag in the section of the page: "no index".
    2. 9.2. Use of unauthorized links or coupon codes (those links or codes not specifically provided to you through Impact Radius) by us is prohibited.
    3. 9.3. 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 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. 9.4. Posting coupon offers on your website 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.
  10. 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.
  11. 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.
  12. Representations and Warranties. You represent and warrant that:
    1. 12.1. 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. 12.2. 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.
  13. 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.
  14. 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 site or your business.
  15. 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.
  16. 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.
  17. Miscellaneous.
    1. 17.1. 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 website or any other of your websites or otherwise, that reasonably would contradict anything in this Section.
    2. 17.2. You may not assign your rights or obligations under this Agreement to any party, except with prior notice to us and our consent.
    3. 17.3. 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. 17.4. 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. 17.5. 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. 17.6. 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.