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Affiliation Program Terms and Conditions

1. Agreement

By signing up for the ThemeSelection Affiliate Program, you agree to be bound by the following terms and conditions. ThemeSelection reserves the right to update and change these terms without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to these terms. Continued use of the Program after any such changes shall constitute your consent to such changes.

2. Enrollment in the Program

To enroll in the Affiliate Program, you must complete and submit the online application. Approval of your application is at our sole discretion. We may reject your application if we determine that your site is unsuitable for the Program.

3. Affiliate Links and Promotions

Once you have been notified that your site has been accepted into the Program, you can access and use the affiliate links provided. You are allowed to place these links on your site, in your emails, or in other communications. You may use the links and banners provided by us, or you may create your own as long as they are deemed appropriate according to the terms and conditions.

4. Commissions and Payment

You will earn a commission for sales made through your affiliate links. The standard commission rate is 30% of the sale price. Commissions will only be paid on sales that are made through qualified affiliate links. Payments are processed monthly and will be paid out via PayPal or another agreed-upon payment method.

To receive a payment, your commission balance must meet a threshold of $50. If your balance is below $50, it will roll over to the next month and continue to accumulate until the threshold is met. Affiliate program payments for any given month will be processed between the 15th and 20th of the following month.

There is a 15-day grace period for commission consideration due to our 15-day money-back guarantee policy. This means that commissions will only be confirmed and paid out after the 15-day money-back guarantee period has passed.

5. Rejected Commissions

Commissions will be rejected if we find that affiliates are trying to earn commissions for their own orders or if affiliates are attempting to tamper with cookies.

Commissions will not be paid on orders that are refunded.

If a commission has already been paid for a refunded order, it will be deducted from your future commission payments.

6. Cookies and Tracking

We use cookies to track sales referred by your site. Our cookies have a 60-day tracking period, meaning that if a user clicks on your affiliate link and makes a purchase within 60 days, you will receive a commission for that sale.

7. Policies and Pricing

Customers who purchase products through the Affiliate Program will be deemed to be customers of ThemeSelection. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies.

8. Responsibilities of Affiliates

You are solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You must ensure that the content posted on your site does not violate any law or the rights of any third party. You must also ensure that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors.

9. Compliance with Laws

As a condition of your participation in the Affiliate Program, you agree that while you are a Program participant, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, whether those laws are now in effect or later come into effect during the time you are a Program participant.

10. Term and Termination

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of and remove from your site all links to our site, and all our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

11. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

12. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of the course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the ThemeSelection site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

13. Last Affiliate Attribution

By default, we will credit the last affiliate, meaning the affiliate whose link was clicked last. For example, if a visitor clicks Alexis’ referral link, the tracking cookie is set in the visitor’s browser and a referral visit is recorded. If the visitor then clicks on Dan’s link, while the tracking cookie with Alexis’ data is active, the existing tracking cookie will be deleted and a new one, with Dan’s data, will be set. If the visitor makes a purchase while the cookie is active, because the cookie contains Dan’s data, Dan will be rewarded a commission.

14. Miscellaneous

This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in San Francisco, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

15. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

By participating in the ThemeSelection Affiliate Program, you acknowledge that you have read these terms and conditions and agree to abide by them.

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