These Affiliate Program Terms of Service (“AP-TOS”) are a binding agreement between you and AppThemes, Inc., a California Corporation. You must agree to these terms of service in order to participate in the Affiliate Program. “You” or “Affiliate” means a person who is participating in the AppThemes Affiliate Program.
02. Description Of The Affiliate Program
If you refer a new customer to AppThemes.com You will receive a commission equal to 30% of that new customer’s first cash payment (“Referral Commission”). If the referred customer makes a purchase that involves a recurring payment, then you will receive 30% of each recurring payment.
You can also earn a second tier Referral Commission of 10%. When an AppThemes customer that you previously referred refers a new customer, you will receive a commission equal to 10% of the new customer’s first payment.
In either case, if the referred customer returns to AppThemes directly, without coming from your website, and makes purchases, those purchases will not pay a Referral Commission.
03. Eligibility And Use Of The Affiliate Program
To participate in the Affiliate Program, You use a link you receive from AppThemes (“Referral Link”) on websites you control, or on other websites so long as such use is not in violation of such sites’ terms of service. Eligible customers are those that follow Your Referral Link and:
- have cookies enabled on their browser;
- do not clear their cookies;
- have not been previously referred by another Affiliate; and
- have been referred via an external site and not through any part of AppThemes.com
You may not refer new customers by:
- purchasing a domain name, search engine keyword or pay-per-click advertisement that uses any AppThemes trademarks or a variation or misspelling thereof; or
- providing false and/or misleading information about AppThemes or AppThemes discount codes; or
- using link farms, spamming forums/websites, and/or taking part in any illicit acts to drive traffic towards your affiliate links; or
- sending unsolicited email or other messaging that in any way may constitute spam; or
- engaging in any conduct that would amount to a breach of laws of any jurisdiction including, but not limited to, laws governing privacy, intellectual property, or spam; or
- engaging in any conduct that is directly or indirectly in contravention of any direction given to you by AppThemes or these terms and conditions;
- Using the Referral Link within AppThemes.com, including the forums and the AppThemes Marketplace.
AppThemes reserves the right, in its sole and absolute discretion, to determine whether or not your use of the Affiliate Program complies with any applicable laws and/or these terms and conditions. If AppThemes determines that you have not complied with any applicable laws and/or these terms and conditions, AppThemes will disable your Affiliate account and withhold all Referral Commissions that may be payable by AppThemes to you at the time it becomes aware of your failure to comply.
You agree to indemnify, defend, and hold harmless AppThemes, its affiliates and their respective directors, officers, employees, and agents from and against any claims, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including reasonable attorneys fees, arising out of your use of the Affiliate Program, including any violation of applicable law or these terms of service.
05. AppThemes’ Provision Of The Affiliate Program
AppThemes may suspend or stop the Affiliate Program at any time, to you or to users generally, at AppThemes’ sole discretion. You agree that if AppThemes suspends or closes your account you may be prevented from accessing your account details and information.
The Affiliate Program will use one or more payment processing systems. You agree to abide by the terms and conditions of those payment processing systems. You agree that AppThemes may change its payment processor at any time.
Your obligation to comply with these terms will continue until AppThemes terminates them or you cease to use the AppThemes Affiliate Program. AppThemes may at any time terminate your Affiliate account if you have breached any provision of these terms; or if AppThemes is required to do so by law; or if AppThemes decides to cease to provide the Affiliate Program. On termination, sections 4,8,9,and 10 of these terms of service shall remain in force.
07. Overall Terms Of Service Apply
These Affiliate Program Terms Of Service are cumulative with the AppThemes Terms of Service. In the event of a conflict between the two, these terms prevail.
08. Product Warranty
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER APPTHEMES NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS GOODS OR SERIVCES, INCLUDING BUT NOT LIMITED TO THE SPECIFIC FUNCTION OF THE GOODS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE GOODS AND SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
09. Limitation on Liability
WHEN PERMITTED BY LAW, APPTHEMES, AND APPTHEMES’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF APPTHEMES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID APPTHEMES TO USE APPTHEMES’S GOODS AND/OR SERVICES.
IN ALL CASES, APPTHEMES, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Updates To AP-TOS. The AP-TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the AP-TOS on this page, and they will become effective no less than fourteen days after they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately.
Other Guidelines Or Terms. If there is a conflict between the overall AppThemes Terms of Service and the AP-TOS, the AP-TOS will prevail.
No Third Party Beneficiaries. These terms control the relationship between AppThemes and You. They do not create any third party beneficiary rights.
No Waiver. If you do not comply with these terms, and AppThemes does not take action right away, this doesn’t mean AppThemes are giving up or waiving any rights, such as the right to take action in the future.
Severability. If a particular term in the AP-TOS is not legally enforceable, it will not affect the other terms.
Applicable Law and Venue. The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts in Contra Costa County, California, USA, and you and AppThemes consent to personal jurisdiction in those courts.