I. General Provisions
- Themes4all.com ensures the operation of technology (‛Technology’) supporting sales and marketingactivities, especially propagation ofrange of merchandise sold in Internet storeson the Themes4all.com website and affiliate websites (‛Stores’).
- Affiliate shall operate the Technology on his website (‛Web’). Upon fulfilment of conditions stated below, Affiliate shall be entitled to receive remuneration calculatedas stated in the Article III.
- Affiliate declares that all the information, which he provided during the online registration, is truthful and complete.
II. Conditions of Cooperation
- Affiliate may place a Themes4all.com link (‛Link’) on the Web. The exact placement and format of the Link shall be subject to approval by Themes4all.com.
- Link may not be placed at websites, whichcontravene the laws of the Czech Republic or the Affiliate’s country of residence, websites with pornographic content or content, which may damage the reputation of Themes4all.com. Affiliate is not entitled to use PPC (Pay Per Click) for propagation of his link. Web content may not infringe any third party’s rights.Themes4all.com reserves the right to control the websitecontent and placement of Links on Affiliate’s websites.
- Affiliate may not imitate the website design or subsite design of the Themes4all.com website or give an impression in any other way that the Web is fully or partially owned or operated as a part of Themes4all.com. Themes4all.com logo and complementary promotional materials concerningThemes4all.com may be used only with prior written approval from Themes4all.com.Affiliate may not use the Themes4all.com name otherwise than in connection with operation of Links on his Web.
- In connection with the Link, Affiliate may not use websites which are opened automatically without visitor’s action, e.g. autohits systems, loading of pop-up or pop-under windows of any Store server, loading of such a server into iframe and the like. Clicking on the Link shall be a result of free choice (conscious and voluntary conduct) of Affiliate’s website visitor, not a conduct arising out of mistake or inevitable process.
- Links may not be placed on websites with no content or websites created only for the purpose of advertising whether their content corresponds to the offer of Internet stores run by Themes4all.com or not.
- Affiliate may not use unsolicited bulk mail (spam) or other unlawful forms of propagation.
- Themes4all.com shall not be responsible for the functionality of Links or Technology, and shall not ensure any minimum number of clicks on the Link, the periodduring which the Link shall be clicked on, or the remuneration amount,according to the Article IIIbelow,obtained by the Affiliate based on these Terms & Conditions. Themes4all.com shall not be liable for any damages caused by the activity or inactivity of third parties. Affiliate shall be liable for the Web content.
- Everything related to the Technology or Links shall or may be subject to the intellectual property of Themes4all.com. Affiliate shall not be entitled to modify, rent, borrow, sell or passon any part of the Technology or Link to third parties, nor to create modified versions or products fromdirectly this Technology or Link or on their basis.
- Themes4all.com reserves the right to change the content and form of the Link at any time, eventually restrict or suspend their imaging on the Affiliate’s website.
III. Affiliate Remuneration
- In accordance with the conditions below, Themes4all.com shall provide the Affiliate with remuneration for every customer coming to the Store website who makes a purchase of goods and does not repudiate such a sales/consumer agreementwithin the statutory period.
- In the event that the customer clicks on the Link on the Affiliate’s website, registers and then makes a purchase in the Store within 30 days from this clicking, duly pays the price and does not return the goods within the statutory period (‛Purchase’), Affiliate shall be entitled to remuneration amount based on the price. Remuneration amount represents 50 per cent of the price of the purchase not including the payment gateway fees.
- Only when the customer enters the Store website from the Affiliate’s website for the first time without prior registration shall the Affiliate receive the remuneration according to the Article III, paragraph 1, however the maximum validity period is 30 days. Should the customer not register within 30 days, the protection shall expire.
- It is necessary that visitors of Affiliate’s website allow cookies in their computer for technical reasons.
- Affiliate is bound to regularly check the remuneration amount in the Affiliate system interface. When the approved remuneration amount exceeds $50, Affiliate may ask Themes4all.com for a payout by issuing an invoice for that amount and sending it by electronic mail to email@example.com. Put your username that you use to log in to the Members area on the Themes4all.com website into the subject box of your email. It is absolutely necessary to properly fill out the subject box; otherwise Affiliate and his remuneration will not be matched. Themes4all.com does not wish to receive Affiliate’s password by any means and will never ask for it.
- Affiliate is bound to keep his account and billing information and PayPal information stored in the system up to date. Affiliate shall note that the remuneration account is always based on the up to date information in the system. Affiliate shall receive the money on his PayPal account in dollars. PayPal transaction feesshall be covered by Affiliate.
- Upon receiving the remuneration account according to the Article III, paragraph 6 Affiliate may raise an objection against the remuneration amount stated in the account within 5 workdays. Themes4all.com shall verify the objection and send a statementto Affiliate within 30 days. If the Affiliate’s objection is found valid, the justified difference shall be sent to Affiliate during the next account. In the event that Affiliate shall not object to the remuneration within 5 days of the reception of the account,the Affiliate’s right becomes null and the remuneration amount is considered valid.
- Themes4all.com shall sent the remuneration to which Affiliate in entitled according to the Article III, paragraph 1, accounted according to the Article III, paragraph 5, to the PayPal account at the payout request within 30 calendar days. If Affiliate’s PayPal account information should change,Affiliate is bound to immediately report to Themes4all.com.
- Affiliateshall be entitled to remuneration from Purchases finished during the duration of the agreement, if conditions according to the Article III are met.
- Affiliate is bound to subject the remuneration to taxation according to the valid Income Tax Act.
- Remuneration amount is calculated solemnly on the basis of information provided by Themes4all.com, no other manner of measurement or calculation of the remuneration amount will have an effect on it.
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IV. Technical Support
- Themes4all.com shall provide the Affiliate with access to the Affiliate System website in Members Area, where Affiliate shall be able to check the current remuneration amount he is entitled to in accordance with theseTerms & Conditions.
V. Personal Information
- Affiliate’s personal information, stored in the registration system for the operated Technology of Themes4all.com, is processed in accordance with Act No. 101/2000 Coll. on the protection of personal information. Information provided shall be processed in order to attain the objectives of this agreement.
VI. Duration and Termination of Agreement
- This agreement is concluded for an indefinite period of time.
- In the event of grave breach or a less grave repetitive breach of Affiliate’s obligations, stated in these Terms & Conditions, or abuse of Technology, Themes4all.com has the right to terminate the agreement with immediate effect. Notice of termination may be sent by electronic mail.
- Either party to the agreement shall have the right to repudiate the agreementeven without stating a reason within 30 days of cancellation, commenced on the same day as to the other party obtained the repudiation of agreement.
VII. Final Provisions
- Themes4all.com reserves the right to modify these Terms & Conditions at any time. The current version shall always be posted on the Affiliate Program Terms & Conditions website. Affiliate shall be bound to regularly control whether a more current version of these Terms & Conditions is available. Modified Terms & Conditions are considered agreed upon and accepted by the Affiliate as of the day they become effective. If the Affiliate does not agree to the modified Terms & Conditions, he is obligated to immediately ask for termination ofparticipation on the Affiliate Program by sending an email to firstname.lastname@example.org.
- These Terms & Conditions shall become valid and effective from 29 January 2013.