Affiliate Programme Terms of Service

See the overall terms of service here.

01. Introduction

These Affiliate Program Terms of Service (“AP-TOS”) are a binding agreement between you and Themebound. 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 Themebound Affiliate Program.

02. Description Of The Affiliate Program

If you refer a new customer to Themebound.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.

If the referred customer returns to Themebound directly, without coming from your website, and makes purchases, those purchases will not pay a Referral Commission.

Affiliate payments from the previous month are typically made by the 20th (of the following month).

03. Eligibility And Use Of The Affiliate Program

To participate in the Affiliate Program, You use a link you receive from Themebound (“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 Themebound.com

You may not refer new customers by:

  • purchasing a domain name, search engine keyword or pay-per-click advertisement that uses any Themebound trademarks or a variation or misspelling thereof; or
  • providing false and/or misleading information about Themebound or Themebound 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 Themebound or these terms and conditions;
  • Using the Referral Link within Themebound.com comments section.

Themebound 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 Themebound determines that you have not complied with any applicable laws and/or these terms and conditions, Themebound will disable your Affiliate account and withhold all Referral Commissions that may be payable by Themebound to you at the time it becomes aware of your failure to comply.

04. Indemnification

You agree to indemnify, defend, and hold harmless Themebound, 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. Themebound’s Provision Of The Affiliate Program

Themebound may suspend or stop the Affiliate Program at any time, to you or to users generally, at Themebound’s sole discretion. You agree that if Themebound 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 Themebound may change its payment processor at any time.

06. Termination

Your obligation to comply with these terms will continue until Themebound terminates them or you cease to use the Themebound Affiliate Program. Themebound may at any time terminate your Affiliate account if you have breached any provision of these terms; or if Themebound is required to do so by law; or if Themebound 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 Themebound 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 THEMEBOUND 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, THEMEBOUND, AND THEMEBOUND’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 THEMEBOUND, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID THEMEBOUND TO USE THEMEBOUND’S GOODS AND/OR SERVICES.

IN ALL CASES, THEMEBOUND, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

10. Miscellaneous

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 Themebound Terms of Service and the AP-TOS, the AP-TOS will prevail.

No Third Party Beneficiaries.

These terms control the relationship between Themebound and You. They do not create any third party beneficiary rights.

No Waiver.

If you do not comply with these terms, and Themebound does not take action right away, this doesn’t mean Themebound 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.

All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts in Gujarat, INDIA, and you and Themebound consent to personal jurisdiction in those courts.