Affiliate Terms and Conditions
Foreword
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask for the same consideration from you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please do not hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at [email protected].
Please read this carefully!
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
To be an authorized affiliate of ThemeGrill Pvt. Ltd. (“Company” or “we” or “our”), you (“Affiliate”) agree to abide by the terms and conditions contained in this agreement.
By submitting your application and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. We may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that ThemeGrill Pvt. Ltd. believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party. If you sign up on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf.
Promotional Methods
In connection with any marketing efforts you choose to make for our products, please ensure that all promotional materials adhere to the following guidelines:
1. Product Reviews
- 1. You can’t talk about your experience with a product if you haven’t tried it.
- 2. If you were paid to try a product and you thought it was terrible, you can’t say it’s terrific.
You can’t make claims about a product that would require proof you don’t have. For example, you can’t say a product will cure a particular disease if there isn’t scientific evidence to prove that’s true.
Furthermore, such disclosures must be made clearly, frequently and conspicuously. Such disclosures ensure that readers can formulate an informed opinion about the information you provide by understanding the possible influence your material connection with our company might have on your endorsement of our products.
2. Linking in Articles
- 1. You must display a clear disclosure about the nature of your affiliate links and the material connection you have with our company.
- 2. It must be clearly and conspicuously placed (on the same page where the links appear) so that it is easy for users to notice and requires not additional user interaction to read (such as clicking a link, scrolling or hovering over an element). According to the FTC: “Putting disclosures in obscure places – for example, buried on an ABOUT US or GENERAL INFO page, behind a poorly labeled hyperlink or in terms of service agreement – isn’t good enough. The average person who visits your site must be able to notice your disclosure, read it and understand it.” All disclosures should appear in full, either before or in close proximity to the affiliate link itself.
Example Article Disclosure: “Disclosure: Some of the links in this post are “affiliate links”. This means if you click on the link and purchase the item, I get commissions for purchases made through links in this post.”
3. Linking on Social Networks
Example Facebook Disclosure: “Ad: Check out our review of ThemeGrill Themes, and why we think it’s the best theme available.”
Example Twitter Disclosure: “ColorMag Theme from ThemeGrill is the best theme in the business! #ad”
Affiliate Tracking and Commissions
- 1. All sales are tracked using visitor IP and/or cookies. While this is the best method available, it is not perfect. We can only guarantee that sales will be tracked if the user’s IP does not change or their cookies are not cleared. This is also applied to any renewals, which are tracked independently of the initial purchase. Affiliate will include all Site integration tags, tracking pixels and other tracking code (“Code”) that we request, included any Code incorporated into the Links and/or Creatives. The affiliate may not alter the Code under any circumstances. If you alter, remove or disable any Code, you will not be paid for any net revenue that was or could have been attributed to that Code. In the event of a discrepancy in reporting, the tracking statistics and reports of the Company shall control.
- 2. The first affiliate to refer a visitor gets credit for the sale. Multiple affiliates will not be paid for the same sale. Affiliates agree that in the event of a dispute regarding credit or payment, the sole determination of the Company shall be final and binding. If a payment is refunded, then the commission for this payment will be removed from your account.
- 3. Only intentional clicks are allowed in the system. Forcing visitors to click a link, or using fake tracking pixels (also known as “cookie stuffing”), or any other means to register unsuspecting visitors in the system is strictly prohibited. Accounts using such methods will be terminated without warning and all revenues will be forfeited. This includes, but is not limited to, the use of Auto-Hit or Auto-Surf programs, displaying affiliate tracking URL within an iframe or image src, automatic pop-ups or automatic redirects to affiliate URL’s without action by the visitor, or any other method meant to automatically track a visitor in the affiliate system without an intentional click from an interested buyer. If the Company believes that Affiliate has fraudulently added registrations by non-approved methods (as solely determined by Company in its judgment), Affiliate agrees the payout for all such fraudulent leads will be forfeited.
Payments
- 1. Payments are sent out at the end of each calendar month. Payments are only made through PayPal. Therefore, you must have a valid PayPal email address assigned to your account to receive any payment. Payouts are only made when an affiliate’s balance hits $100, or surpasses it.
- 2. The company shall pay Affiliate the agreed-upon percentage of Net Revenue from customers. Company shall have the right at any time in its sole discretion to alter the percentage of Net Revenue paid to Affiliates (including the payment of commissions upon renewal) upon the provision of ten days’ prior notice. Net Revenue means the gross revenues received by Company due to Affiliate’s actions less taxes, refunds, rebates and any discounts given. Payment shall be made within thirty (30) days after the last day of the month in which the Customer paid the Company.
- 3. If you disagree with any compensation paid in connection with any month, you agree to notify Company within 60 days of payment for such a month. Otherwise, you agree that any claims for underpayment for such month shall be waived. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Taxes
Termination
- 1. If we suspect that you are engaged in fraud of any kind, your account may be terminated without notice. Affiliates who have had their accounts terminated are not eligible to become affiliates thereafter. Accounts that refer customers using misleading or falsified information will be terminated. Lying to a potential customer to persuade them to purchase our products is strictly forbidden. Using illegal means of promotion, including (but not limited to) eMail SPAM is strictly prohibited. Accounts found to be promoting our products using methods that break the CAN-SPAM Act of 2003 will be immediately terminated and removed from the system.
- 2. Only one person may use an account, and each person may only create one account for themselves. Creating multiple accounts is not allowed. Affiliates with multiple accounts will be terminated.
- 3. Company reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of this Agreement or a violation of the rights of another or the law.
Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion without any notifications. Modifications may include but are not limited to, changes in the payment procedures and ThemeGrill.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in ThemeGrill.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Indemnification
Prohibitions
- 1. Do not violate any law or regulation governing (i) false or deceptive advertising, (ii) sweepstakes, or (iii) gambling
- 2. Do not contain any trade disparagement or libelous, defamatory or infringing content; and (i) do not contain any machine-readable code that could be unintentionally downloaded onto a recipient’s computer (such as a worm, virus, Trojan Horse or other self-executing programs) and damage or takeover recipient’s computer.
- 3. Do not offer incentives to users to click on ads or complete offers that award them cash, points, prizes or automatically enter them into contests, drawings or sweepstakes.
- 4. Will only be marketed to people who are eighteen (18) or older that are eligible to use the Company’s product.
- 5. Comply with all local, state and federal laws regarding email marketing (CAN-SPAM ACT, effective January 1, 2004). If Company notifies Affiliate of its receipt of any complaint regarding Affiliate’s email practices, or alleged violations of email practices, Affiliate must respond to Company within forty-eight (48) hours of such notification and provide source information, including, but not limited to: (i) time, (ii) date, (iii), IP address, (iv) opt-in source, and (v) content of email message.
- 6. As a condition to your participation in the Affiliate Program, you agree that while you are an Affiliate, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are an Affiliate. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (national, federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
- 7. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties outlined in this Agreement.
- 8. Affiliate’s websites do not contain any materials that are:
- i. Obscene, or pornographic
- ii. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
- iii. Graphically violent; or Solicitous of any unlawful behavior
- iv. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s websites. Nothing on Affiliate’s websites infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
- v. Affiliate will not use the Promotional Materials in any manner other than those outlined above.
- vi. Affiliate will not make any claim to ownership of the Promotional Materials or of the copyright, trademark, or other intellectual property therein.
- vii. Affiliate will not make any claim to ownership of the Promotional Materials or of the copyright, trademark, or other intellectual property therein.
- viii. Affiliate shall not during the Term compete directly or indirectly with Company in the sale of third party products or merchandise without the prior written consent of Company, provided that it shall not be a violation of this section for Affiliate to sell Affiliate-branded products or merchandise or products or merchandise previously marketed by Affiliate.
Confidentiality
Limitations of Liability
Counterparts
Severability
Assignment
Entire Agreement
Contact Us
Feel free to contact us via contact page if you have any questions about our affiliation program.
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