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Affiliate Program Terms

qode interactive

This Affiliate Program is brought by QODE LTD, incorporated and existing under the laws of Cyprus (hereinafter: QODE). QODE is the sole owner of a number of websites and platforms, including, but not limited to qodeinteractive.com, qodethemes.com, elated-themes.com, select-themes.com, edge-themes.com, mikado-themes.com, and a number of demo websites containing previews of WordPress website themes developed by QODE. For the purpose of this Affiliate Program the term “Program” shall refer to all conditions set within this document together with our Terms of Use and Privacy Policy, which refer collectively to all websites and platforms owned by QODE.

Our Program is meant to encourage you to promote our products, to bring us to new audiences and to make sure that you are rewarded for your activity. It does not create any relationship between us apart from independent contractors; you are not our employee, nor do we have a partnership: if we approve your participation in this Program, you are an independent contractor.

This means you should pay all applicable taxes, make sure that you have proper insurance, and not make any statement on our behalf. It also means that we will pay you the sums we agree upon specific dates.

Please understand that our liability to you is limited, as stated within Program, and that we are non-exclusive; we can find other affiliates, and you can market other products.

Scope of our relationship
When joining the Program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of QODE, and may not create any obligation on behalf of QODE.
Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else. You shall invest reasonable time in promoting our products, and do it with good quality.
You represent and warrant that you are able to participate in the Program, that you will only act in a legal, bona fide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.
Our intellectual property and promotional materials
If we find that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the Program. Promotional material may be used only by you and the same cannot be changed or adapted. If you are using our trademarks, logo or other references related to us, you may use them as they are and the same cannot be changed or adapted.
We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products and services with our permitted banners. This means that you cannot use our Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.
All promotional materials showing prices should reflect updated prices and discounts at any time.
Termination and suspension
We reserve the right to terminate your affiliation (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at our sole discretion. When we terminate our relationship, you must cease using all of our Intellectual Property Rights and promotional material.
In any case we suspect any breach of these terms, we may also suspend your account until we receive sufficient evidence from you that shows that no breach of these terms occurred. In such case, we may require review of your books and records prior to reinstatement.
Once we receive the sufficient evidence from you, upon review of your books and records, which shows that no breach of these terms occurred or that the breach was caused by circumstances which are not related to you nor could be prevented by you, we may refund you.
Your fee
Each affiliate will be provided with a fixed affiliate fee that we will notify in writing via email. We may change this fee at any time based on our own discretion and you will be informed in written about such change. Once the fee is changed such change shall apply form the moment of notice and will not be retroactive.
We pay the fees for qualified leads; a qualified lead is a new customer, who subscribed to our platform within a certain duration of days of clicking a permitted banner you placed, and who made a purchase of any of our products; all, provided that we were not introduced to this customer by any other affiliate or that he did not subscribe to our website of his own volition prior to his click. We will not pay a fee for self-dealing, i.e., using the affiliate program to get discounts.
Your total fee shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs and payments made in order to collect the payment.
The means of tracking your qualified leads shall be by placing a banner or links that includes your tracking URL we provide you. You agree that our books and records are deemed as accurate and that our tracking is final.
Payment of your fees
Your fees are calculated only upon payment to you. Until then, the expected payment is not an obligation from us to you, but an estimation of future revenues.
Our payment is based on a monthly basis by the end of the month for the previous months, when you reach a threshold that we determined and posted on our website. The payment shall be made via PayPal or potentially any other method we agree upon in written. Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold.
You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.
You are required to provide us with an invoice upon payment.
If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.
Each party shall bear its own expenses, and the fee you are entitled to is the sole payment you receive in relation to your services.
Confidentiality
Our relationship is confidential; meaning that your fee is confidential, the fact that we paid you is not. You should add a decent disclosure, if required by law, that you receive a fee for every click on our banner, but you should not tell others what is your specific fee.
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