Affiliate Terms and Conditions
We reserve the right to change and modify the Affiliate Terms and Conditions without notice.
The Affiliate program terms and conditions below constitute a legal agreement between the affiliate program participant (the Affiliate) and Vsmarttech JSC. (herein referred to as "The Company"), legal owner of the domain name and web site Bowthemes.Com (herein referred to as "The Website"), each referred to herein as a "Party" and collectively as the "Parties". The Affiliate program (herein referred to as "The Program") allows the Affiliate to promote the Company's services and receive commissions according to the terms below. The Affiliate's agreement to be bound by these terms is acknowledged by the Affiliate's sign up and participation in the program.
To enroll in the Program the applicants must sign up for an affiliate account via the Bowthemes.com website. All applications can be manually reviewed and will be automatically approved or rejected by Bowthemes affiliates software. Applications may be rejected if we determine that an applicant is unsuitable for the Program for any reason, including, but not limited to any previous history of the applicant of not complying with Bowthemes affiliate program terms, if the applicant's website or activity can be related with any unlawful, defamatory, obscene, harassing or otherwise objectionable activity, such as facilitating illegal activity, promoting violence, promoting or assisting others in copyright infringement, participating in sending unsolicited email etc.
The Affiliate is responsible for providing the full and accurate information requested by the company in connection with the affiliate program registration and to keep it up to date at any time. Such information includes, but is not limited to: contact details, PayPal account address, etc. Failure to provide the correct addresses and PayPal information may result in the forfeiture of any Commissions due to the Affiliate. Commission Fees that are returned for invalid or insufficient information or for other reasons may be forfeited as well.
The Affiliate should use only advertising materials approved by the Company and should disclose the affiliate relationship with the Company in accordance with the FTC (http://www.ftc.gov/) advertising regulations. Any material that is not provided officially via the Affiliate User Area and not exclusively approved by a Company representative in a written form is deemed unapproved. The allowable promotional material may contain Bowthemes's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, the Affiliate is granted a limited, non-exclusive, non-transferable license to access and download such promotional material and other designated promotional materials for placement on the Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by the Company. In utilizing the promotional material, the Affiliate agrees to cooperate fully with the Company in order to establish and maintain approved promotional material.
The inappropriate ways of advertising include, but are not limited to:
The Company has the sole right to decide if a promotion method used by the affiliate is appropriate. In case the Company finds an advertising method used by the Affiliate for inappropriate this could result in warning, suspension or possible affiliate account termination with no affiliate commission payments.
Affiliate web sites must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, and all content of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the Company’s management. Affiliate web site(s) domain name(s) must NOT contain keywords and phrases containing the "Bowthemes" trademark or any other variations or misspellings confusingly similar to the Company trademark, name or domain name.
The Affiliate is entitled to receiving the appropriate one-time affiliate commission of the sales made by the Company, which correspond to ALL the terms below:
The Company reserves the right to deem invalid any sale upon its own discretion without being liable for further explanation and justification.
Sometimes the company may offer special sign up bonuses to its affiliates. In order for the affiliate to be eligible for such bonuses all the following conditions should be met:
Unless custom agreement exists the affiliate commissions will be paid by the Company based on the structure outlined on the Affiliate program sign up page.
The Commission Rates are subject to change upon e-mail notice to the Affiliate. Commissions deemed due and owed to the affiliate under the program terms outlined in section 5 will be paid directly by the Company after any holding period and in accordance with a regular payout cycle. The regular payout cycle is once a month. Affiliate can be paid via Paypal.
The Company reserves the right to withhold any payouts of commissions for sales that are potentially fraudulent as determined by the Company in its sole discretion.
The Company reserves the right to suspend payment of Commissions at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or a Referred Customer(s). Referrals that issue a chargeback or are found to be fraudulent (false information, fake/stolen credit cards, selling counterfeit goods, etc) will be reversed regardless of the amount of time that has passed since the signup occurred. Where no subsequent commission fee is due and owning, the Company will send the Affiliate a bill for the balance of such refunded/fraudulent purchases upon termination of the Referred Customer or the program.
The Parties under this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the Parties. The Affiliate has no authority to make or accept any offers or representations on the Company’s behalf. The Affiliate cannot make any statement, whether on the Affiliate web site or otherwise, that reasonably would contradict anything in this section.
The Affiliate can cancel his/her Affiliate account at any time by contacting the Company via the Affiliate User Area or via email at email@example.com. The Affiliate account is deemed canceled after a written confirmation from the Company’s team has been sent to the Affiliate. Any commissions due at the time of the Cancellation will be sent to the affiliate with the next monthly payout.
The Company can cancel each Affiliate account:
After the cancellation of an affiliate account, the Company will no longer track the sales associated with the affiliate and will not owe any commissions to the affiliate for future sales that may be associates with him/her.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE 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 AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO THE AFFILIATE UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
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The Company reserves the right to change the above terms at any time. Such changes will become effective and binding after their posting on the Company's website. The Affiliate agrees to regularly review the Affiliate program terms and conditions and be aware of the changes made. By continuing to participate in the Affiliate program after a revision has been posted, the Affiliate agrees to abide by them.