Themeco Affiliate Program

Join the Themeco Affiliate Program and start earning money for every sale! Simply create your account, place the tracking code into your website or marketing materials, and watch your account balance grow as your visitors become our customers. Approval required. Restrictions do apply.
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Terms and Conditions

To be an authorized Themeco Affiliate, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Themeco Affiliate Program. By signing up for the Themeco Affiliate Program, you indicate your acceptance of this agreement and its terms and conditions. This agreement was last updated May 18, 2020. 

DEFINITIONS

“Themeco”, “Us”, “We” or “Our” refers to Themeco LLC, of 1621 Central Ave, Cheyenne WY 82001 USA.

“Site” refers to the theme.co website or websites owned and controlled by Themeco.

“You”, "Your" or “Affiliate” refers to the person or entity that is accepted into Our Affiliate Program. 

“Party” refers to Us or You, depending on the context.

“Agreement” refers to the terms and conditions outlined in this Terms of Use Agreement.

"Theme License", "Plugin License" or "Theme or Plugin License" refers to the license granted upon the purchase of either Our X or Pro WordPress themes, or Cornerstone plugin.

“Affiliate Site" means any website that You create, in whole or in part, for Your own personal or business use.

“Affiliate Program” or “Program” refers to a relationship whereby We provide commission payments to participants of the Program for sales of Our products or services that are directly generated by them.

“Net Revenue” means the gross revenues actually received by Us due to Affiliate’s actions less taxes, refunds, rebates and any discounts given.

“Code” refers to integration tags, tracking pixels and other tracking code to be used on an Affiliate Site for the purpose of participation in Our Affiliate Program.

ENTIRE AGREEMENT AND ACCEPTANCE

This Agreement constitutes the entire understanding between You and Us with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, whether written or oral. The term of this Agreement begins when We accept you into the Affiliate Program. It can be terminated by You or Us at any time with or without cause. You may only earn commissions under this Agreement during the term and providing that You adhere to all terms and conditions contained within. 

By submitting an application to Our Affiliate Program, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Site immediately and do not submit an application to Our Affiliate Program. This Agreement specifically incorporates by reference any terms and conditions, privacy policies, end-user license agreements, or other legal documents published on any Themeco Site. 

You must be at least 18 (eighteen) years of age to join Our Affiliate Program or to use this Site. By submitting an application to Our Affiliate Program, you represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of Your age.

AFFILIATE PROGRAM

Our Affiliate Program allows participants to receive commission payments for Net Revenue generated from sales of Our products and services that are directly attributable to them.

1. Restrictions, Obligations, and Prohibitions

You agree to adhere to the following conditions in relation to any and all activity, whether directly or indirectly, under this Agreement:

• You must 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;

• You must not contain any trade disparagement or libelous, defamatory or infringing content on any Affiliate Site; 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 program) and damage or takeover recipient's computer;

• You must not violate any regulation or law governing (i) false or deceptive advertising, (ii) sweepstakes, or (iii) gambling;

• You will only market to people who are eighteen (18) or older that are eligible to use Our products or services.

• 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 each revision since, and all other anti-spam laws.

• If We notify You of the receipt of any complaint regarding Your email practices, or alleged violations of email practices, You must respond to Us 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 the email message.

• Your Affiliate Site(s) and/or any marketing material must not contain anything that is, or could be perceived to be:

   i. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
   ii. Obscene, or pornographic;
   iii. Graphically violent; or
   iv. Solicitous of any unlawful behavior

• You shall not compete directly or indirectly with Us in the sale of any third party products or merchandise without Our prior written consent, provided that it shall not be a violation of this section for You to sell Your own-branded products or merchandise or products or merchandise previously marketed by You.

• You will not use any of Our promotional materials or any other materials created by the You or any other entity for promotional use in any manner other than those set forth in this Agreement.

• You will not make any claim to ownership of the materials provided by Us, or of the copyright, trademark, or other intellectual property therein.

• You will not register as an Affiliate merely to purchase your own Themeco products and services through your Affiliate account. Any commissions for such transactions will be rejected. 

• You have obtained any necessary clearances, licenses, or other permission for any intellectual property used on Your Affiliate Sites. Nothing on Your website(s) 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 do You have any reason to believe that any person or entity will bring or threaten such a claim in the future.

• You will not publish or otherwise distribute any advertising materials for Your Affiliate Sites that reference Us or Our Sites unless We give prior written consent to the distribution of such materials. You will not use Our name (or any name that is confusingly similar to Our name) for any purpose on Your Affiliate Sites, in Your promotional materials, or in any other context except to promote Our Site as specified in this Agreement. You will not register any domain name that incorporates Our name, or that is confusingly similar to Our name.

• You shall not bid on search terms that include Our trademarks, product names or service names when promoting Your Affiliate links on search engines, social networks, content-sharing sites or other web properties. This includes any search term including, but not limited to, the words and phrases "Themeco," "X," "Pro," "Care," "One," and “Elite."

2. Promotional Materials

In connection with any marketing efforts You choose to make for Our products, please ensure that all promotional materials adhere to the following guidelines:

• Product Reviews: In the event that You do a product review of any of Our products, You should make sure that You disclose upfront that You receive a percentage of each sale made. In addition, all endorsements must reflect the honest opinions or experiences of the endorser. Any disclosures must be clear and conspicuous and not hidden. The most important principle is that an endorsement has to represent the accurate experience and opinion of the endorser. In addition, You must adhere to the following guidelines:

   i. You cannot relate Your experience with a product if You have not tried it.
   ii. If You were paid to try out a product and You found it to be less than satisfactory, You cannot give it an overall favorable review.
   iii. You cannot make claims about a product that would require proof You do not have. 

• 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.

• Linking In Articles: When using Our affiliate link in an article, You must display a clear disclosure about the nature of Your affiliate links and the material connection You have with Our company. These disclosures must appear on the same page where the links appear, and they must be clear, conspicuous, and require no 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 a terms of service agreement – isn’t good enough. The average person who visits Your Affiliate 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 will receive an affiliate commission.”

• Linking On Social Networks: When using Our affiliate links on social networks, You must also display a clear disclosure about the nature of the links and the material connection You have with Our company. In the form of social media posts, these disclosures must be part of the post that contains the affiliate link. Example Twitter Disclosure: "Here’s why Themeco has the best WP products and services on the planet #ad”. Example Facebook Disclosure: "Ad: Themeco’s products, and why we think they are hands down the best."

3. Affiliate Tracking and Commissions

All sales are tracked using visitor IP and/or cookies. This method is not perfect, but is the best method available. A variety of circumstances may cause a sale not to be tracked, including the changing of an IP address, or cookies and/or cache that have been cleared. This also applies to any renewals, which are tracked independently of the initial purchase. You must include any Affiliate Site Code that we request, included any Code incorporated into the links and/or creatives. You 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 Themeco shall take precedence.

The most recent Affiliate to refer a visitor gets credit for the sale. Multiple Affiliates will not be paid for the same sale. You agree that in the event of a dispute regarding credit or payment, the sole determination of Themeco shall be final and binding. If a payment is refunded, then the commission for this payment will be removed from Your account.

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. Affiliates using such methods will have their account terminated without warning and all commissions will be forfeited. This includes, but is not limited to, the use of: Auto-Hit or Auto-Surf programs, displaying an affiliate tracking URL within an iframe or image src, automatic pop-ups or automatic redirects to Your URL's without action by the visitor, or any other method meant to automatically track a visitor without an intentional click from an interested buyer. If We believe that You have fraudulently added registrations by non-approved methods (as solely determined by Us in Our judgment), You agree the payout for all such fraudulent leads will be forfeited.

Every attempt is made by Us to track visitors and attribute them to the referring Affiliate for the purpose of crediting future transactions for up to 6 months. Visitors referred by Affiliates are tracked for a maximum of 6 months. Visitors who are referred and make a purchase 6 months after clicking an Affiliate's link will not be tracked, and a sale will not be awarded or compensated.

An Affiliate who refers a customer's initial subscription payment will also be awarded commissions on that customer's renewal payments paid towards the subscription for which the Affiliate was the referrer. Customers who purchase a subscription without an Affiliate referral will not generate commissions on any subsequent subscription renewal payment because this subscription and all related renewal payments were not generated from an Affiliate referral. Additional purchases are still subject to commissions.

4. Monitoring

We have the right to monitor Your site at any time to determine if You are following the terms and conditions of this Agreement. We may notify You of any changes to Your Affiliate Site that We feel should be made, or to make sure that Your links to any Themeco Site are appropriate and to notify further You of any changes that We feel should be made. If You do not make the changes to Your Affiliate Site that We feel are necessary, We reserve the right to terminate Your participation in Our Affiliate Program.

5. Payments

Payments are made automatically at the first of each calendar month to Affiliates with a balance of $50.00 and above. No payments will be due or payable until an Affiliate has earned at least U.S. $50.00 hereunder. Affiliates are required to complete and submit to Us a W9 (or W8-BEN for non-U.S. citizens, W8-BEN-E for non-U.S. entities) before any payment is made to You. Payments are only made through PayPal. Therefore, You must have a valid PayPal email address assigned to Your account to receive any payment.

We shall pay You the agreed upon percentage of Net Revenue from customers. We shall have the right at any time, at Our 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. Payment shall be made within forty-five (45) days after the last day of the month in which the customer paid Us.

If for any reason a commission payment is made to You in respect of a sale that is subsequently reversed, We reserve the right to withhold the corresponding commission due from any future Net Revenue.

If You disagree with any compensation paid in connection with any month, You agree to notify Us within sixty (60) days of payment for such month. Otherwise, You agree that any and all claims for underpayment for such month shall be waived.

6. FTC Compliance

The Federal Trade Commission requires that all affiliates disclose to their readers when they endorse a product and have a "material connection" to the seller of that product. These rules apply to any online review, article or endorsement that includes an affiliate link and encourages visitors to purchase Our product. Disclosures are not required for links that are clearly advertisements (such as banner ads in Your Affiliate Site’s blog sidebar). 

By participating in Our Affiliate Program, You must agree to comply with the Federal Trade Commission's 16 CFR 255.5 (http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf), and review and follow the suggestions outlined in their Revised Endorsement Guides FAQ (http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking). 

Every time You link to any Themeco Site using Your affiliate link, You must disclose the nature of Your relationship with Us. 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 Us might have on Your endorsement of Our products. We reserve the right to terminate the account and withhold any commission payments of any Affiliate whom We deem is not in compliance with the FTC guidelines.

7. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes to the conditions of Your participation in the Affiliate Program, and the associated payment procedures. If any modification is unacceptable to You, Your only option is to end Your participation in the Program. Your continued participation following any changes made by Us will indicate Your agreement to the changes.

8. Indemnification

You hereby agree to indemnify and hold harmless Themeco, and its subsidiaries and Affiliates, and their directors, officers, employees, contractors, 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) insofar as they (or actions in respect thereof) arise out of or are based on (i) any claim that Our use of Your 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 Affiliate Site(s), including, without limitation, content contained not attributable to Us.

9. Confidentiality

In the course Your association with Us, You may be exposed to information that is not available to the general public. This information shall be considered to be Confidential Company Information. You must not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless You obtain prior written consent for such disclosure from Us.

10. Taxes

All taxes owed by the You to any governing authorities are solely Your responsibility. We shall not be responsible for any taxes owed by You arising out of Your relationship with Us as set forth in this Agreement. We shall not withhold any taxes from any commission payments made to You.

11. Termination

If We have reason to 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. Affiliates whom employ misleading or falsified information to refer customers will be terminated. Lying to a potential customer in order 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. Affiliates found to be promoting Our products using methods that break the CAN-SPAM Act of 2003 and later revisions will be immediately terminated.

Only one person or entity may use an account, and each person or entity may only create one account for themselves. Creating multiple accounts is not allowed. Affiliates with multiple accounts will be terminated.

Themeco reserves the right, at Our sole discretion, and without any prior notice, to terminate Your access to the Program for any or no reason, including Your breach of this Agreement or a violation of the rights of another or the law.

Should We terminate Your account for any such reason, We shall not be liable to You for any commissions whatsoever, in respect of any past, present or future Net Revenue. Further, we retain the right to recover from You, any commissions paid to You that We believe have been paid as a result of Your breach of any conditions contained within this Agreement, by any and all means, at Our sole discretion.

GENERAL

1. Disclaimer of Warranties & Liabilities

You agree that Your use of Our Affiliate Program is at Your sole and exclusive risk and that any products or services provided by us are on an ‘as is’ basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Affiliate Program will meet Your needs or that it will be uninterrupted, error-free or secure. We also make no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to You, through your computer system, or as a result of loss of data from Your use of the Affiliate Program is Your sole responsibility and that Themeco is not liable for any such loss or damage.

2. Liability

We are not liable for any damages that may occur to You as a result of Your participation in the Affiliate Program, to the fullest extent permitted by law. This is includes but is not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud or torts of any kind.

If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if know by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

3. Applicable Law

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement (and any non-contractual disputes/claims arising out of or in connection with) is subject to the laws of the state of Wyoming, without regard to choice or conflicts of law principles.

Further, You agree to agree to the jurisdiction of the courts of the state of Wyoming to resolve any dispute, claim or controversy that arises in connection with this Agreement.

For the exclusive benefit of Themeco, We retain the right to bring proceedings in the country or state of Your residence, or principal place of business, at Our sole discretion.

You agree that any cause of action arising out of or related to this Agreement must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

4. Class Action Waiver

You agree that both You and We may only bring claims against the other in an individual capacity and not as a plaintiff or class member in any purported class or representative action.

5. Transferability and Relevant Laws

You cannot transfer this agreement, nor Your obligations under this Agreement, to any other party without Our permission. You agree to adhere to all relevant laws and regulations in relation to Our activities under this Agreement and not cause Us to breach any relevant laws or regulations.

6. Severability

This agreement stays in place and need not be renewed. If for some reason one part of this Agreement becomes invalid or unenforceable, the remaining parts of it remain in place.

7. Force Majeure

We are not liable for any failure to perform due to causes beyond Our reasonable control, including but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

CONTACT

For any queries regarding this Agreement, You may contact Us by emailing Us at info@theme.co.
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Themeco Affiliate Registration
